HomeMy WebLinkAbout10-04-2017 Operations Committee Meeting Agenda Packet Orange County Sanitation District Wednesday, October 4, 2017
Regular Meeting of the a 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 Any items withdrawn from the Consent Calendar for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 September 6, 2017 Operations
Committee Meeting.
2. CONTRACTING FORMER EMPLOYEE MICHAEL E. MCCARTHY FOR
ENVIRONMENTAL MONITORING SERVICES (Jim Colston)
RECOMMENDATION: Award a Purchase Order Contract to retired employee
Michael E. McCarthy not to exceed $30,000,for the period November 1, 2017 through
June 30, 2018, to provide the Ocean Monitoring Program with specialized skills in
marine invertebrate taxonomy, and to assist in other aspects of the program such as
field sampling and data analysis that are necessary to meet the Clean Water Act
permit-mandated environmental monitoring requirements.
10/04/2017 Operations Comm@tee Agenda Page 1 of 4
3. CONTRACTING FORMER EMPLOYEE VLADIMIR KOGAN FOR
ENVIRONMENTAL COMPLIANCE SERVICES (Jim Colston)
RECOMMENDATION: Award a Purchase Order Contract to retired employee
Vladimir Kogan not to exceed $63,802, for the period October 1, 2017 through
September 30, 20187 to provide the environmental compliance program with Dr.
Kogan's specialized skills and knowledge in air quality toxics health risk assessment
(AB 2588) and in other aspects of the air quality compliance program.
4. NEW COMBO TRUCK/RECYCLER COOPERATIVE PROCUREMENT WITH
VACTOR (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve the purchase of one (1) VACTOR brand compressed natural gas
(CNG)sewer combo cleaning, water recycling truck(combo truck)from Haaker
Equipment Company using the National Joint Powers Alliance cooperative
Contract Number 022014-FSC with Vactor, for an amount not to exceed
$739,427, in accordance with Ordinance No. OCSD-47, Section 2.03(B),
Cooperative Purchases; and
B. Approve a contingency of$36,971 (5%).
5. HEAVY DUTY TOW TRUCK COOPERATIVE PROCUREMENT WITH NATIONAL
AUTO FLEET GROUP (Ed Torres)
RECOMMENDATION: Approve the purchase of one (1) 2018 Freightliner Cascadia
alternative fuel Compressed Natural Gas (CNG) heavy-duty tow truck (CNG Day-
Tractor), using the National Joint Powers Alliance cooperative Contract Number
081716-NAF with National Auto Fleet Group for a total cost of$180,145 in accordance
with Ordinance No. OCSD-47, Section 2.03(B), Cooperative Purchases.
6. SERVICE AGREEMENT FOR CENTRAL GENERATION AUTOMATION/
CONTINUOUS EMISSIONS MONITORING SYSTEMS (CEMS), CONTRACT NO.
J-79-lA(Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Service Purchase Order Agreement with CEMTEK
Environmental for maintenance services of the Central Generation
automation/continuous emissions monitoring systems at both Central
Generation facilities for a five-year period beginning November 23, 2017
through November 22, 2022, for a total amount not to exceed $580,625; and
B. Approve a contingency of$58,063 (10%)
10/04/2017 Operations Comm@tee Agenda Page 2 of 4
7. LABOR COMPLIANCE PROGRAM, SPECIFICATION NO. CS-2017-876BD
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with The Solis Group for the
development and implementation of a Labor Compliance Program,
Specification No. CS-2017-87613D, for an amount not to exceed $391,567; and
B. Approve a contingency in the amount of$39,157 (10%).
NON-CONSENT CALENDAR:
8. BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT, PROJECT
NO. 5-67 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Arcadis US Inc. to
provide engineering design services for the Bay Bridge Pump Station and
Force Main Replacement, Project No. 5-67, for an amount not to exceed
$7,137,000; and
B. Approve a contingency of$713,700 (10%).
9. OCSD/OCWD JOINT AGREEMENT FOR GWRS FINAL EXPANSION
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors to: Approve the First
Amendment to the Second Amended and Restated Joint Exercise of Powers
Agreement for the Development, Operation, and Maintenance of the Groundwater
Replenishment System and Green Acres Project between Orange County Sanitation
District and Orange County Water District.
INFORMATION ITEMS:
10. STRATEGIC PLAN UPDATE (Bob Ghirelli)
11. ORANGE COUNTY SANITATION DISTRICT PROCUREMENT PROCESS
(Lorenzo Tyner)
DEPARTMENT HEAD REPORTS:
1 o104,2017 Operations CommMee Agenda Page 3 of 4
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, November 1, 2017 at
5:00 p.m.
Accommoda8ons 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 Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue,
Fountain Valley,Cal'domis,not less than 72 hours prior to the meeting date and time above. All public records relating
to each agenda item,including any public records distributed less than 72 hours prior to the meeting to all,or a majority
of the Board of Directors,are available for public inspection in the office of the Clerk of the Board.
Agenda Description: The agenda provides a brief general description of each item of business to be considered or
discussed. The recommended action does not indicate what action will be taken. The Board of Directors may take
any action which is deemed appropriate.
NOTICE TO DIRECTORS: To place items on the agenda for the Committee Meeting,items must be submitted to the
Clerk of the Board 14 days before the meeting.
Kelly A. Lore
Clerk of the Board
(714)593-7433
kloreaocsd.com
For any questions on the agenda,Committee members may contact staff at:
General Manager Jim Herberg (714)593-7300 iherberg(cpoosd.com
Assistant Geneml Manager Bob Ghirelli (714)593-7400 rahirellifalocsd.com
Director of Engineering Rob Thompson (714)593-7310 rlhompsorutpocsd.com
Director of Environmental Services Jim Colston (714)593-7450 icolstomptomd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres omd.com
10/04/2017 Operations Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, September 6, 2017, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee Chair
Withers on Wednesday, September 6, 2017 at 5:06 p.m. in the Administration Building.
Alternate Director Puckett led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
Ellery Deaton, Vice-Chair Bob Ghirelli, Assistant General Manager
Denise Barnes Celia Chandler, Director of Human Resources
Kris Beard (Alternate) Jim Colston, Director of Environmental Services
Robert Collacott Rob Thompson, Director of Engineering
Richard Murphy Ed Torres, Director of Operations and Maintenance
Chuck Puckett (Alternate) Lorenzo Tyner, Director of Finance &
Tim Shaw Administrative Services
Fred Smith Kelly Lore, Clerk of the Board
Mariellen Yarc Jennifer Cabral
Greg Seboum, Board Chair Mike Dorman
David Shawver, Board Vice-Chair Mark Esquer
Dean Fisher
COMMITTEE MEMBERS ABSENT: Alfredo Garcia
Phil Hawkins Kathy Millea
Michelle Steel Mark Kawamoto
Jeff Mohr
Man Nguyen
Victoria Pilko
Merrill Seiler
Paula Zeller
Eros Yong
OTHERS PRESENT:
Brad Hogin, General Counsel
Bob Ooten, Alternate Director (CMSD)
Patrick Sheilds, IRWD
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore distributed a late communication from Director of Operations
& Maintenance Ed Torres regarding an alternate recommendation for Consent
Calendar Item No. 14.
09/06/2017 Operations Committee Minutes Page 1 &9
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report. Board Vice-Chairman Shawver
reported on his attendance at the recent CASA Conference.
REPORT OF GENERAL MANAGER:
General Manager Jim Herberg provided information regarding a letter received from the
City of Anaheim's Successor Agency to the Anaheim Redevelopment Agency. He stated
that a request for a new appointment be made to the Anaheim Oversight Board to fill the
vacancy of Gail Eastman who represents the Orange County Sanitation District. A copy
of the letter and a current list of the 13 Redevelopment Agency Oversight Boards were
distributed to the Committee members and made available to the public. Mr. Herberg
stated that at the September 271" Board of Directors meeting an item will be presented to
appoint the new member to the Anaheim board and to reaffirm the currently listed
appointments to the remaining 12 boards unless any Director provided an alternative
recommendation.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the
July 5, 2017 Operations Committee Meeting.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
2. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT
(Rob Thompson)
MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to: Receive and file the Capital Improvement Program Contract
Performance Report for the period ending June 30, 2017.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
09/06/2017 Operations committee Minutes Page 2 of 9
3. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Receive and file the Fiscal Year
2016/17 Fourth Quarter Odor Complaint Summary.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
4. BURIED WATER VALVE SUPPORT UPGRADES AT PLANT 2, PROJECT NO.
FE16-05 (Rob Thompson)
MOVED. SECONDED, and DULY CARRIED TO:
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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
5. SCE FEED RELIABILITY IMPROVEMENTS STUDY, PROJECT NO. P316-02
(Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO:
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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
09/06/2017 Operations Committee Minutes Page 3 of 9
6. SAFETY IMPROVEMENTS PROGRAM, PROJECT NO. J-126 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: 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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
7. ON-CALL PLANNING STUDIES MASTER CONTRACT NO. PLAN2017-00
(Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: 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 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.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
8. ACTIVATED SLUDGE AERATION BASIN DECK REPAIR AT PLANT NO. 2
PROJECT NO. P2-118 (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: 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
09/06/2017 Operations Committee Minutes Page 4 of 9
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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
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)
MOVED. SECONDED, and DULY CARRIED TO: 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.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
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)
MOVED. SECONDED. and DULY CARRIED TO: 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.
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
09106/2017 Operations Committee Minutes Page 5 of 9
11. GENERAL AND SEMI-SKILLED LABOR REPAIRS AND SERVICES
CONTRACT (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a Purchase Order Contract to Tiano Construction, Inc. (primary), Golden
West Corp., and IQA Construction (secondary and tertiary) for labor services,
Specification No. S-2017-858131), 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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
12. CORRECTIVE MAINTENANCE OF PLANT NO. 1 AERATION BLOWER NO. 2
(Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: 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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
13. GENIE 65 FOOT BOOM AERIAL LIFT PLATFORM COOPERATIVE
PROCUREMENT WITH TEREX GENIE (Ed Torres)
MOVED. SECONDED, and DULY CARRIED TO: 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. OCSD47, Section 2.03(B),
Cooperative Purchases.
09/06/2017 Operations Committee Minutes Page 6 of 9
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
14. TAYLOR-DUNN CART PURCHASE FROM YALE CHASE EQUIPMENT AND
SERVICES, INC. (Ed Torres)
MOVED. SECONDED. and DULY CARRIED TO: 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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
NON-CONSENT CALENDAR:
15. OCEAN OUTFALL SYSTEM REHABILITATION, PROJECT NO. J-117
(Rob Thompson)
Director of Engineering Rob Thompson provided a brief PowerPoint presentation
regarding the criticality of Project No. J-117, active seismic faults identified, and
the design challenges faced.
MOVED. SECONDED. and DULY CARRIED TO: 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-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
09/06/2017 Operations Committee Minutes Page 7 of 9
System Rehabilitation, Project No. J-117, for a total contingency of
$3,727,907 (55%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett (Alternate), Seboum, Shaw, Shawver, F. Smith,
Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins and Steel
Committee Chair Withers departed the meeting at 5:30 p.m.
Committee Vice-Chair Deaton presided over the meeting.
16. RECONDITIONING OF BELT FILTER PRESSES; PROJECT NO. MP-249
(Ed Torres)
Director of Operations & Maintenance Ed Torres provided information and
responded to questions regarding the necessity of the item.
MOVED. SECONDED. and DULY CARRIED TO: 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. 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%).
AYES: Barnes, Beard (Alternate), Collacott, Deaton, Murphy,
Puckett(Alternate), Sebourn, Shaw, Shawver, F. Smith, and
Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Hawkins, Steel, and Withers
INFORMATION ITEMS:
17. URBAN RUNOFF PROGRAM (Jim Colston)
Director of Environmental Services Jim Colston provided an informative
PowerPoint presentation regarding OCSD's Urban Runoff Diversion Program with
information including: history and background of diversion efforts, urban runoff
policy, OCSD's partners, diversion locations, and the overall impact of the
program.
09/06/2017 Operations committee Minutes Page 8 of 9
18. SPACE UTILIZATION NEEDS (Rob Thompson)
Mr. Thompson provided a brief PowerPoint presentation regarding the future
space utilization needs of OCSD which included an overview of current and
recently completed construction projects, future construction needs, immediate
space challenges, and long-term space issues.
DEPARTMENT HEAD REPORTS:
Mr. Thompson notified the Committee of two urgent items (cooperative agreements)that
will be moving to the Board of Directors without Committee review. There were no
objections.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE
SECTIONS 54956.8:
The Board convened in closed session at 6:00 p.m. to discuss one item. Confidential
minutes of the Closed Session have been prepared in accordance with the above
Government Code Section and are maintained by the Clerk of the Board in the Official
Book of Confidential Minutes of Board and Committee Closed Session Meetings.
RECONVENED IN REGULAR SESSION:
The Board reconvened in regular session at 6:10 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin stated there was nothing to report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
None.
ADJOURNMENT
Committee Vice-Chair Deaton declared the meeting adjourned at 6:11 p.m. to the next
scheduled meeting of Wednesday, October 4, 2017 at 5:00 p.m.
Submitted by,
Kelly A. Lore, CMC
Clerk of the Board
09/06/2017 Operations Committee Minutes Page 9 of
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
io o4w —
AGENDA REPORT IWrn Number Item Number
z -
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: James Colston, Director of Environmental Services
SUBJECT: CONTRACTING FORMER EMPLOYEE MICHAEL E. MCCARTHY FOR
ENVIRONMENTAL MONITORING SERVICES
GENERAL MANAGER'S RECOMMENDATION
Award a Purchase Order Contract to retired employee Michael E. McCarthy not to exceed
$30,000, for the period November 1, 2017 through June 30, 2018, to provide the Ocean
Monitoring Program with specialized skills in marine invertebrate taxonomy, and to assist
in other aspects of the program such as field sampling and data analysis that are
necessary to meet the Clean Water Act permit-mandated environmental monitoring
requirements.
BACKGROUND
Invertebrate taxonomy is a highly skilled and technically difficult task, and is the most
time-consuming duty performed by Orange County Sanitation District's (Sanitation
District) Ocean Monitoring Program. Michael McCarthy is a fully trained and capable
invertebrate taxonomist, having work at the Sanitation District for over 30 years.
Mr. McCarthy has agreed to perform this work at his former hourly rate, which is
significantly below what a consultant would charge. In addition, Mr. McCarthy is highly
proficient in the performance of ocean monitoring support activities and Feld work, and
he could fill-in on short notice when Sanitation District staff are unavailable.
The need to contract with Mr. McCarthy is due to a delay in invertebrate taxonomy training
of the Senior Environmental Specialists (SES). The most cost effective and efficient
means of addressing these needs is to contract with Mr. McCarthy in accordance with
Sanitation District Policy 1.4 Section 6.2 on the Re-Employment of Former Employees.
He can assist with taxonomy work at a fixed rate per sample ($381 for polychaetes and
$69 for mollusks) and, if needed, additional work time at the current rate of compensation
for his former classification (Principal Environmental Specialist, step 5 @ $57.32/hour)
with a total time limit not to exceed 525 hours and/or a total cost not to exceed $30,000.
This arrangement will provide the training time needed for the SES to become proficient
in invertebrate taxonomy and provide emergency coverage for other duties (e.g., field
work) that Mr. McCarthy can perform.
RELEVANT STANDARDS
• NPDES permit requirements
• Comply with the Clean Water Act
Page 1 of 2
PROBLEM
The Sanitation District is mandated in the Clean Water Act permit to perform and report
annually on monitoring in the ocean environment that receives the treated wastewater
effluent. This includes invertebrate population health assessments, which require the
identification of species to the lowest level. This requires a highly specialized skill set.
Due to current training of staff and the loss of a Principal Environmental Specialist position
from the Ocean Monitoring Team, the permit-required program element discussed above
cannot be met without contractor support.
PROPOSED SOLUTION
The contracting of former employee Michael McCarthy will provide the skill set necessary
to meet our permit requirements. During this time, staff will continue the training
necessary to be self-sufficient.
TIMING CONCERNS
Ocean invertebrate samples were collected in July 2017 and are awaiting processing and
analysis. More samples will be collected in January 2018. All analyses must be
completed by June 30, 2018. Analysis must begin by November 1, 2017 to be completed
in time to meet reporting requirements.
RAMIFICATIONS OF NOT TAKING ACTION
The work that staff cannot complete that is necessary to meet the provisions of the
Sanitation District's Clean Water Act permit can be performed by a contract laboratory,
but it will be less efficient due to additional required meetings and at a higher cost.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Budget Update FY2017-18, Line item: Page
45, Professional/Contractual Services). Project contingency funds will not be used for
this contract.
Date of Aooroval Contract Amount Continaencv
10/04/2017 $30,000 N/A
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 of 2
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
io o4w —
AGENDA REPORT em Number Item Number
3 —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: James Colston, Director of Environmental Services
SUBJECT: CONTRACTING FORMER EMPLOYEE VLADIMIR KOGAN FOR
ENVIRONMENTAL COMPLIANCE SERVICES
GENERAL MANAGER'S RECOMMENDATION
Award a Purchase Order Contract to retired employee Vladimir Kogan not to exceed
$63,802, for the period October 1, 2017 through September 30, 2018, to provide the
environmental compliance program with Dr. Kogan's specialized skills and knowledge in
air quality toxics health risk assessment (AB 2588) and in other aspects of the air quality
compliance program.
BACKGROUND
Air quality emissions monitoring/quantification and air toxics analysis are highly skilled,
technically difficult tasks which are critical for maintaining compliance with regulatory
reporting requirements. A comprehensive, facility-wide air toxics AB 2588 Health Risk
Assessment (HRA) has not been performed by the Orange County Sanitation District
(Sanitation District) since 2006 and is currently required by South Coast Air Quality
Management District(SCAQMD). The development of input files for the risk assessment
model is very complicated,with results highly dependent upon numerous details including
air quality constituent analysis, testing methodology, and application of emission factors
across different processes. Development of accurate input files, including justification of
some emission factors, is very time-consuming due to the number of air toxics being
evaluated and their identification with specific plant operations. Dr. Vladimir Kogan
worked in-depth on the Sanitation District's previous HRA in 2006. He has detailed
knowledge of the input files development as well as familiarity with the treatment plant
processes and emissions sources at both plants.
The most cost effective and efficient means of addressing these air quality program needs
is to contract with Dr. Kogan in accordance with the Sanitation District Policy 1.4 Section
6.2 on the Re-Employment of Former Employees. Under this policy, Dr. Kogan can work
up to 120 days per year (960 hours based on 8 hours/day) at the current rate of
compensation for his former classification (Senior Scientist, step 5 @ $66.46/hour) with
a total cost not to exceed $63,802. This arrangement will provide the time needed for the
Sanitation District to complete the HRA update with SCAQMD, to train laboratory staff on
Quality Assurance review of emissions source testing results, and to assist with the
evaluation and updating of the Annual Emissions Report structure and content. These
special projects are very time-consuming and will benefit from the subject matter
expertise and facility knowledge of Dr. Kogan.
Page 1 of 3
RELEVANT STANDARDS
• SCAQMD permit and rule requirements
• Maintain environmental regulatory oversight by all regulators
PROBLEM
The Sanitation District is mandated to provide detailed input files for SCAQMD to perform
a comprehensive AB 2588 HRA for both plants based on emissions reported in the 2015
Annual Emissions Report. This requires a highly specialized skill set that is familiar with
the Sanitation District treatment facilities and emissions sources, in-depth knowledge of
the previous HRA that was performed in 2006, and knowledge of testing methods used
to determine emission factors for individual air toxics. This special project is very time-
consuming and its outcome will dictate whether the Sanitation District must provide public
notification to the neighboring community of serious health risks (if the notification
threshold is exceeded through health risk modeling). It is important that the Sanitation
District provide the best information available (accurate and technically defendable data)
in order to ensure the best possible outcome.
PROPOSED SOLUTION
The contracting of former employee Vladimir Kogan will provide the skill set necessary to
meet our permit and rule requirements, including the Voluntary Risk Reduction Plan and
associated AB 2588 HRA for both plants. During this time, staff will continue the training
necessary to be self-sufficient.
TIMING CONCERNS
SCAQMD will conduct an initial review of the Plan within 30 days of receipt. If the Plan
is found to be deficient in any aspect and is rejected, the Sanitation District must provide
corrections within 30 days of notice. Failing to meet the deadline may result in
enforcement penalties.
RAMIFICATIONS OF NOT TAKING ACTION
Some of the work staff cannot complete that is necessary to meet the provisions of the
Sanitation District's air quality compliance requirements can be performed by a contracted
subject matter expert, but it will be less efficient due to additional required meetings and
at a higher cost. Further, justification for continuing to use specific data used in the
previous (2006) HRS, such as emission factors for individual constituents, is lost without
the experience and input of Dr. Vladimir Kogan, who worked on developing the emissions
factors during his tenure with the Sanitation District.
PRIOR COMMITTEE/BOARD ACTIONS
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 (Budget Update FY2017-15, Line item: Page
45, Professional/Contractual Services). Project contingency funds will not be used for
this contract.
Date of Approval Contract Amount Continaency
10/04/2017 $63,802 N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OOSD website (wwwocsd.corn with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd.Ot Dir.
io/o4/v io/zs/v
AGENDA REPORT IWmNumber Item Number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: NEW COMBO TRUCK/RECYCLER COOPERATIVE PROCUREMENT
WITH VACTOR
GENERAL MANAGER'S RECOMMENDATION
A. Approve the purchase of one (1) VACTOR brand compressed natural gas (CNG)
sewer combo cleaning, water recycling truck (combo truck) from Haaker
Equipment Company using the National Joint Powers Alliance cooperative
Contract Number 022014-FSC with Vector,for an amount not to exceed $739,427,
in accordance with Ordinance No. OCSD-47, Section 2.03(B), Cooperative
Purchases; and
B. Approve a contingency of $36,971(5%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) Collections division is
responsible for the operation and maintenance of the Sanitation District's regional sewer
system consisting of about 400 miles of regional sewer pipe and 15 outlying pump
stations. The Sanitation District utilizes industrial sewer cleaning combo trucks (combo
truck)to clean and remove blockages in the sewer pipes, remove grease and debris from
pump station wet wells, and to respond to emergency situations such as spills. These
combo trucks are critical assets to the effective and efficient operation and maintenance
of the collection system.
Conventional combo trucks accomplish cleaning tasks through a combination of vacuum
and water jetting. Water jetting uses potable water from the combo trucks 1500-gallon
tank. Sanitation District staff generally use four-six 1500-gallon tanks/trucks daily, or
approximately 1.2-1.8 million gallons of potable water annually, for each combo truck.
Potable water is supplied from city hydrants directly or by rental water trucks. The potable
water is wasted into the sewer system during sewer maintenance and cleaning
operations.
Advances in technology have resulted in a combo "Recycler' truck that utilizes the
wastewater in the sewer being cleaned for water jetting tasks. Combo 'Recycler' trucks
minimize or eliminate the use of potable water for sewer cleaning tasks.
Page 1 d 3
RELEVANT STANDARDS
• Participate in National Joint Powers Authority (NJPA) cooperative purchasing
program
• Consider life-cycle costs in all decisions
PROBLEM
The Sanitation District's Collections division currently operates two sewer maintenance
crews, each consisting of a combo truck, a pull rig truck, and a crew of four staff members.
To achieve the Sanitation District's five-year cleaning cycle goal (this goal is more
aggressive than the seven-year cycle submitted in our Sanitary Sewer Management Plan
to the Regional Water Board)for managed sewers, 55 miles of sewers should be cleaned
annually. This goal is not being met due to the unavailability of the combo trucks because
of both preventive and corrective maintenance that is required to keep the combo trucks
operational, planned or unforeseen support needed for Capital Improvement Projects,
and access to sewer pipes. Staff have attempted to overcome this problem by renting a
combo truck; however, there are often delays due to their unavailability from the rental
companies, which impacts the cleaning schedule and results in staff inefficiency. The
current sewer cleaning backlog is more than 20 weeks annually. Annual combo truck
rental costs are approximately $75,000.
The existing combo trucks consume 1.2-1.8 million gallons of potable water per truck
annually. The potable water is 'wasted" into the sewer collection system, requiring
approximately 2,000 man hours per truck annually to refill the combo truck's water tank
that could be directed toward activities that are more beneficial. Annual water truck rental
costs are approximately $18,000.
PROPOSED SOLUTION
Staff is seeking approval to purchase one (1) new CNG fueled combo cleaning truck that
utilizes water-recycling technology. The addition of a third combo truck will support
uninterrupted sewer cleaning activities when vehicles require maintenance or repairs,
enabling staff to achieve our cleaning goals; it will support construction activities without
interruption of planned sewer pipe cleaning activities; and it will provide the Sanitation
District with the ability to have an emergency response combo truck, if needed. A third
sewer crew, along with the third pull-rig truck that we currently own and operate, will use
the third combo truck.
The additional cost for the water recycling feature of the combo truck over the standard
combo truck is approximately $109,000. Annualized savings associated with water truck
rental ($18,000), purchase of water($20,000), and internal staff labor for filling water into
the combo trucks ($180,000) equates to $218,000. Based upon an initial capital cost of
$109,000 the Return-On-Investment is under one year. Also, the recycling feature will
result in an annual savings of 1.2-1.8 million gallons of potable water that will not be
discharged into the sewer.
Page 2 of 3
The Sanitation District is required to reduce or eliminate the use of large diesel engines
by the South Coast Air Quality Management District (SCAQMD). The additional cost of
the CNG engine system is approximately $100,000.
RAMIFICATIONS OF NOT TAKING ACTION
If this vehicle is not purchased, the Sanitation District will continue to face challenges in
meeting its sewer cleaning goals, incur an approximate annual cost of $293,000
associated with rental trucks and internal labor to provide water to the combo truck, as
well as reduced staff effectiveness associated with delays in obtaining a rental combo
truck.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Seeking the lowest price, the Sanitation District is utilizing the NJPA agreement. 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. Vector is locally represented
by Haaker Equipment Company.
This purchase meets the SCAQMD's Rule 1196 requirement — Clean On-Road Heavy-
Duty Public Fleet Vehicles. The requirement is directed at fleets with 15 or more heavy-
duty vehicles (i.e., vehicles weighing more than 14,001 Ibs.). The Sanitation District
prides itself on being a good neighbor and therefore strives to meet SCAQMD's regulatory
requirements, as such, low emission, zero-emission, and other"green" fleet vehicles are
considered whenever economically and functionally possible.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. These items have been budgeted through the Capital Equipment Budget
Summary (Fiscal Year 2016-2017 Budget Section 8 (Line 10 Item: 822-Fleet Services,
Pages 104-105). A budget transfer comprised of funds from Division 822 from
FY 2014/15—FY 2016/17 (multiple line items)of$77,000 was recently completed to fund
this item.
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 d 3
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
io o4w —
AGENDA REPORT em Number Item Number
s —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: HEAVY DUTY TOW TRUCK COOPERATIVE PROCUREMENT WITH
NATIONAL AUTO FLEET GROUP
GENERAL MANAGER'S RECOMMENDATION
Approve the purchase of one (1) 2018 Freightliner Cascadia alternative fuel Compressed
Natural Gas (CNG) heavy-duty tow truck (CNG Day-Tractor), using the National Joint
Powers Alliance cooperative Contract Number 081716-NAF with National Auto Fleet
Group for a total cost of$180,145 in accordance with Ordinance No. OCSD-47, Section
2.03(B), Cooperative Purchases.
BACKGROUND
The Orange County Sanitation District (Sanitation District) budgeted for one (1) heavy-
duty tow truck(CNG day-tractor)to transport the Sanitation District's large trailer-mounted
generators and pumps, as well as other heavy mobile equipment. The Sanitation
District's trailer-mounted generator and pumps are used in support of emergency
operations and construction activities. Under non-emergency conditions, the Sanitation
District currently contracts with tow companies when the largest mobile equipment is
moved to or from the pump stations.
RELEVANT STANDARDS
• Participate in National Joint Powers Authority (NJPA) cooperative purchasing
program
• Consider life-cycle costs in all decisions
PROBLEM
The Sanitation District owns large trailer-mounted generators and pumps, but lacks the
tow vehicle necessary to transport this equipment as needed within the Sanitation
District's service area. Tow companies are not always immediately available to move
equipment of this size. In emergencies, when a contracted heavy tow vehicle is not
available, the Sanitation District has used an oversized crane truck to transport the
equipment. This vehicle travels at low speed and requires an escort vehicle with
emergency lights.
Page 1 of 2
PROPOSED SOLUTION
Staff seeks approval to purchase one (1) heavy-duty tow truck (CNG Day-Tractor)
budgeted in FY2017-18. This will allow the Sanitation District to safely and reliably
transport the trailer mounted generators and pumps as needed.
TIMING CONCERNS
Having this truck available for the upcoming storm season will reduce our reliance on
contract rentals and the use of our heavy crane vehicle for towing.
RAMIFICATIONS OF NOT TAKING ACTION
If the large trailer-mounted emergency equipment cannot be transported rapidly, the
Sanitation District is at higher risk of a sanitary overflow at a pump station due to a loss
of installed generators or installed pumps. Without the heavy-duty tow truck (CNG Day-
Tractor), we cannot respond to an emergency situation immediately, placing the agency
at risk.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Seeking the lowest price, the Sanitation District is utilizing the NJPA agreement. 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. These items have been budgeted through the Capital Equipment Budget
Summary(Fiscal Year 2017-2018 (Line Item 4: 822-Fleet Services, Page A20). A budget
transfer comprised of funds from Division 822 from FY 2014/15 — FY 2016/17 (multiple
line items) of$82,600 was recently completed to fund this item.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
N/A
Page 2 d 2
OPERATIONS COMMITTEE Meeting Date TOBd.Of Dir.
io/oa/v io/zs/v
AGENDA REPORT emNumber Item Number
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations & Maintenance
SUBJECT: SERVICE AGREEMENT FOR CENTRAL GENERATION
AUTOMATION/CONTINUOUS EMISSIONS MONITORING SYSTEMS
(CEMS), CONTRACT NO. J-79-lA
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Sole Source Service Purchase Order Agreement with CEMTEK
Environmental for maintenance services of the Central Generation
automation/continuous emissions monitoring systems at both Central Generation
facilities for a five-year period beginning November 23, 2017 through
November 22, 2022, for a total amount not to exceed $580,625; and
B. Approve a contingency of$58,063 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) operates eight Continuous
Emissions Monitoring System (CEMS) units to continually monitor the exhaust gases of
each engine as required by South Coast Air Quality Management District (SCAQMD)
permits. The CEMS units and supporting Data Acquisition and Handling Software
(DAHS) were specified and installed under a capital project manufactured by CEMTEK
Environmental (CEMTEK).
CEMTEK is the sole manufacturer of this specialized item and the supporting software,
therefore they are uniquely qualified to maintain it. They have been successfully providing
the service for five years.
RELEVANT STANDARDS
• Maintain and support Enterprise Asset and Financial Management Systems
• Maintain environmental regulatory oversight by all regulators
• Maintain a proactive asset management program
PROBLEM
The Sanitation District's standard for Programmable Logic Controller (Modicon PLC)
equipment was installed under the CEMS project. The Modicon PLCs require customized
proprietary code written by CEMTEK. Maintenance or capital projects involving changes
to the code require CEMTEK's involvement.
Page 1 of 3
If the Sanitation District contracts with another service provider and the program code
subsequently failed, the service from CEMTEK would be lost, which could potentially risk
the shutdown of the affected engine(s) due to SCAQMD requirements.
PROPOSED SOLUTION
Staff recommends thatthe contract for CEMS maintenance of hardware and software and
reporting services be renewed with CEMTEK for an additional five-year term. This will
help ensure reliability, regulatory compliance, and continual support services.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
The current contract will expire on November 22, 2017. If continual monitoring services,
as required by our permits, are nonoperational, the SCAQMD could consider the facility
out of compliance and could request a shutdown or impose fines.
PRIOR COMMITTEE/BOARD ACTIONS
November 2015—Approved additional maintenance services to a Sole Source Purchase
Order Service Agreement, J-79-lA with CEMTEK Environmental for maintenance of the
Central Generation Engines continuous emissions monitoring systems, for an additional
amount of $104,068, for a new total amount not to exceed $361,568, for the contract
period ending November 22, 2017.
October 2012 - Approval renewal of a sole source service agreement with CEMTEK
Environmental for maintenance services of the Central Generation
automation/continuous emissions monitoring systems at both Central Generation
facilities for a five-year period, for a total amount not to exceed $257,500, plus 10%
contingency.
ADDITIONAL INFORMATION
N/A
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 Division 830 and 840 operating budgets
Page 2 of 3
(Line Item: Repairs and Maintenance, Page 49). Project contingency funds will not be
used for this agreement.
Date of ADDroval Contract Amount Contingency
10/25/17 $580,625 $58,063(10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
Page 3 of 3
OPERATIONS COMMITTEE Meeting Date TOBd.Ot Dir.
i0 04/v io/zs/v
AGENDA REPORT emNumber Item Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: LABOR COMPLIANCE PROGRAM,
SPECIFICATION NO. CS-2017-876BD
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Services Agreement with The Solis Group for the
development and implementation of a Labor Compliance Program, Specification
No. CS-2017-87613D, for an amount not to exceed $391,567; and
B. Approve a contingency in the amount of$39,157 (10%).
BACKGROUND
The Orange County Sanitation District(Sanitation District)is the recipient of two$1 million
grants from the Proposition 84 Integrated Regional Water Management Program. The
two awarded projects are the Sludge Dewatering and Odor Control at Plant No. 1 (Project
No. 131-101) and the Newhope-Placentia Trunk Sewer Replacement (Project No. 2-72).
The grant agreement requires the Sanitation District to ensure compliance with California
Labor Code requirements, including preparation and implementation of a Labor
Compliance Program (LCP). While the construction contracts require Contractors to
comply with California Labor Code for its employees and its Subcontractors' employees,
the Sanitation District does not have a formal and comprehensive LCP in place.
In accordance with requirements of the California Labor Code section 1771.5(b) and
subchapter 4 of chapter 8 of Title 8 of California Code of Regulations, the Sanitation
District must have a program in place approved by the California Department of Industrial
Relations for all projects funded in whole or in part by Proposition 84.
An LCP consists of having an approved enforcement manual, regular monitoring and
review of certified payroll records, audits, site visits, worker interviews, annual reports,
project completion close-out reports, etc. The two awarded projects are well into
construction, so retroactive monitoring and reporting will need to occur to be in full
compliance.
RELEVANT STANDARDS
• Sound engineering and accounting practices, complying with local, state and
federal laws
Page 1 d 4
PROBLEM
The Sanitation District currently does not have an LCP as required by state law for
projects funded by Proposition 84. By not having an approved LCP,the Sanitation District
is not in full compliance with our grant requirements and agreements.
PROPOSED SOLUTION
Develop and implement an LCP.
TIMING CONCERNS
The two projects are currently in construction, thus requiring retroactive review of records
and submittal of multi-year annual reports to the Department of Industrial Relations. A
delay would cause additional retroactive work to be performed, thus resulting in higher
costs to be in compliance.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District will be in violation of Proposition 84 grant agreement requirements
and could potentially be asked to refund the $2 million awarded.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Request for Proposal Development
As part of the Proposition 84 grant, the Sanitation District is required to have an LCP for
its awarded projects. The Sanitation District inquired with other agencies to learn about
their program and how it is executed and managed. The program is elaborate, time
consuming, and requires a level of expertise that the Sanitation District currently does not
have on staff. Inquiries with some LCP firms helped establish a baseline for what would
be involved with such a program.
Based on the responses, a more detailed scope of work was developed for proposal.
This scope included establishing a program approved by the Department of Industrial
Relations, bringing the two current projects into compliance, and continuous monitoring
of the projects until completion.
On July 20, 2017, the Sanitation District issued a Request for Proposal (RFP) and on
August 31, 2017, seven proposals were received from the following vendors: GCAP
Services, Hill International, Casamar Group, Padilla & Associates, The Solis Group,
Willdan Engineering, and The G Crew. The G Crew proposal was not accepted because
the proper paperwork was not submitted.
Page 2 d 4
Reauest for Proposal Evaluation
An Evaluation Committee consisting of three Sanitation District staff members from
Engineering reviewed and ranked each of the proposals in accordance with Board of
Directors' Ordinance No. OCSD-47. Each evaluator reviewed and scored the proposals
independently, comparing the vendor's proposed offering against the specifications in the
underlying RFP. A representative from the Purchasing Division participated in the
evaluation process as a non-voting member. The proposals were evaluated according to
understanding and approach, related experience, and team and staff qualifications.
After reviewing and scoring the proposals, the Evaluation Committee interviewed the two
top-ranked firms, The Solis Group (TSG) and Willdan Engineering, to meet the proposed
key team and further evaluate the firms' qualifications. Unlike engineering design
proposals that are required to be a qualifications-based selection only, these proposals
include cost as factor in the selection, representing 5% of the total scoring. The cost
proposals were submitted in a separate sealed envelope and were scored separately
after the review of the technical proposals. Presentations from these firms were
conducted on September 21, 2017. A final score was compiled and TSG was determined
to be the top-ranked firm. Please refer to the proposal evaluation table below for further
scoring information.
Overall, TSG was ranked highest due to their proposed team's experience in
implementing an LCP program with similar issues as the Sanitation District, their overall
approach, as well as the positive references contacted.
PROPOSAL EVALUATION TABLE
CRITERIA WEIGHT WEIGHTED WILLDAN TSG HILL P&A GCAP CASAMAR
SCORE
Qualifications
of Firm 40 400 353.33 373.33 266.67 266.67 260 346.67
Proposed
Staffing and 20 200 166.67 183.33 167.67
Project 150 150 120
Organization
Work Plan 25 250 220.83 237.5 137.5 195.83 129.17 183.33
Proposal
Score 741.83 761.83 570.46 628.79 525.46 712.96
Proposal
Ranking 2 1 5 4 6 3
Presentation 10 100 60 98.33
Cost 5 50 50 41.59
Evaluation
00
OVERALL 100 1000 850.83 934.08
SCORE
Initial $325,718 $391,567
Proposal Fee
Negotiated $391,567
Fee
Page 3 of 4
Following the proposal evaluation, the Evaluation Committee met with the top-ranked firm
to clarify the Fee Proposal and implementation schedule, and a best and final offer was
subsequently submitted and accepted.
Staff recommends awarding the procurement and implementation agreement to The Solis
Group for a not-to-exceed amount of$391,567.
This Professional Services Agreement includes costs for development and
implementation of an LCP which includes retroactive labor compliance monitoring,
general labor compliance monitoring activities, and project close-out reporting for two CIP
projects which have each been awarded Proposition 84 grant funding.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. The budgeted cost for the proposed Labor Compliance Professional Services
Agreement is contained within the approved CIP project budgets and no additional
funding is necessary.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.corn with the
complete agenda package:
Professional Services Agreement
DF:DC:dm:gc
Page 4 of 4
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Labor Compliance Program
Specification No. CS-2017-876BD
THIS AGREEMENT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OCSD")and r 1
with a principal place of business at r 1 (hereinafter referred to
as "Consultant") collectively referred to as the "Parties".
WITNESSETHH
WHEREAS, based on Consultant's expertise and expatia e, OCSD desires to temporarily
engage Consultant to provide Labor Compliance Pro ram "Services" as described in Exhibit"A",
and 0`
WHEREAS, Consultant submitted i dated ; and A
WHEREAS, on , the Board of Directors of OCSD, by minute order,
authorized execution of this Agreement between OCSD and Consultant; and
WHEREAS, OCSD has chosen Consultant to conduct Services in accordance with Ordinance
No. OCSD-47; and
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows:
1. Introduction v
1.1 This Agreement a I e hibits hereto (called the "Agreement") is made by OCSD and the
Consultant. The ter s and conditions herein exclusively govern the purchase of Services
as described in Exhibit"A".
1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement
as though fully set forth at length herein. Exhibits to this Agreement are as follows in order
of precedence:
Exhibit "A" Scope of Work
Exhibit "B" Proposal
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit "D" OCSD Safety Standards
Exhibit "E" Not Used
1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all
respects govern and control.
1.4 This Agreement may not be modified, changed or supplemented, nor may any obligations
hereunder be waived or extensions of time for performance granted, except by written
instrument signed by both Parties.
1.5 The various headings in this Agreement are inserted for convenience only and shall not
affect the meaning or interpretation of this Agreement or any section or provision hereof.
Orange County Sanitation District 1 of 10 Specification No. CS-2017-876BD
Version 010617
1.6 The term "days", when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
1.7 The term "workday'. Workdays are defined as all days that are not Saturday, Sunday, or
OCSD observed holidays. Meetings with OCSD staff shall be scheduled from Monday
through Thursday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff
who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to
OCSD work schedules. OCSD review periods shall not include OCSD observed holidays.
1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Evg, and Christmas Day.
1.9 Work Hours:All work shall be schedule rough Friday, between the ho r4
a.m. and 5:30 p.m. OCSD will not pay for trav e.
1.10 Consultant shall provide OCSD with all required premiums and ir at no
charge beyond the total amount of the Agreement.
1.11 Except as expressly provided otherwise, OCSD accepA010 for any expenses,
losses, or action incurred or undertaken by Consultant as a r ult of work performed in
anticipation of purchases of said services by OCSD.
2. Scone of Work Subject to the terms of this reement, Consultant shall perform the
Services identified in Exhibit "A". Consultant warrants that all of its Services shall be
performed in a competent, professional, and satisfactory manner.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing
and signed by both Parties. A review of the time required for the modification will be made
by OCSD and Consultant and the Agreement period adjusted accordingly.
4. Compensation Compensation to be paid by OCSD to Consultant for the Services provided
under this Agreement shall be a total amount not to exceed [ 1 Dollars
($f 1.00).
5. California Department of Industrial Relations tDIRIRepistration and Record of Wailes
5.1 To the extent Consultant's employees and/or subconsultants who will perform work 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.
5.2 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 1771.4(a)(3). Penalties for non-compliance
with the requirements of Section 1776 may be deducted from progress payments per
Section 1776.
5.3 Pursuant to Labor Code Section 1776, the Consultant and subconsultants shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided
the public request is made through OCSD, the Division of Apprenticeship Standards, or the
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Division of Labor Standards Enforcement of the Department of Industrial Relations.
5.4 The Consultant and subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e).
6. Payment and Invoicing
6.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project
Manager or designee, of itemized invoices submitted for work completed in accordance with
Exhibit "K. OCSD, at its sole discretion, shall be the determining party as to whether the
Services have been satisfactorily completed.
6.2 Invoices shall be emailed by Consultant to#*CSD Accounts Payable at
APStaff(a,OCSD.com and "INVOICE" with the Purchase Order Number and Specification
No. CS-2017-876BD shall be referenced in the subject line. -
7. Audit Rights Consultant agrees that, during the term of this Agreement and for awriod of
Three (3) years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of sultant relating to the invoices
submitted by Consultant pursuant to this Agreement
8. Commencement and Term The Services o� der this Agreement shall be
completed within one thousand four hundred sixty ( 60) calendar days from the effective
date of the Notice to Proceed. F
9. Extensions The term oft greement maybe extended only by written instrument signed
by both Parties.
10. Performance Ti a essence in the performance of the provisions hereof.
11. Termination
11.1 OCSD reserves the right to terminate this Agreement for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD. Upon receipt of a
termination notice, Consultant shall immediately discontinue all work under this Agreement
(unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay
Consultant for work performed (cost and fee) to the date of termination. Consultant
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Agreement. Such notice of termination shall terminate this
Agreement and release OCSD from any further fee, cost or claim hereunder by Consultant
other than for work performed to the date of termination.
11.2 OCSD reserves the right to terminate this Agreement immediately upon OCSD's
determination that Consultant is not complying with the Scope of Work requirements, if the
level of service is inadequate, or any other default of this Agreement.
11.3 OCSD may also immediately terminate for default of this Agreement in whole or in part by
written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
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11.4 All OCSD property in the possession or control of Consultant shall be returned by Consultant
to OCSD on demand, or at the termination of this Agreement, whichever occurs first.
12. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may
arise out of or be caused by Consultant's services under this Agreement, or by its
subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Agreement. Except as to the sole active negligence of or willful misconduct of OCSD,
Consultant shall indemnify, protect, defend and hold harmless OCSD, its elected and
appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys'fees: (a)for injury to or
death of any person or damage to property or interfere with the use of property, arising
out of or in connection with Consultant's performance under the Agreement, and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Agreement, and/or (c) on account of any goods and services provided under this
Agreement. This indemnification provision shall apply to any acts or omissions, willful
misconduct, or negligent misconduct, whether active or passive, on the part of Consultant
or anyone employed by or working under Consultant. To the maximum extent permitted by
law, Consultant's duty to defend shall apply whether or not such claims, allegations,
lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations
that any of the'rarties to be defended were actively, passively, or concurrently negligent, or
which otherwise assert that the parties to be defended are responsible, in whole or in part,
for any loss, damage, or injury. Consultant agrees to provide this defense immediately upon
written notice from OCSD, and with well qualified, adequately insured, and experienced
legal counsel acceptable to OCSD. This section shall survive the expiration or early
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13. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the
life of this Agreement and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Acknowledgement of Insurance Requirements,
Exhibit "C". Consultant shall not commence work under this Agreement until all required
insurance is obtained in a form acceptable to OCSD, nor shall Consultant allow any
subconsultant to commence service pursuant to a subcontract until all insurance required
of the subconsultant has been obtained. Failure to maintain required insurance coverage
shall result in termination of this Agreement.
14. Confidentiality and Non-Disclosure
14.1 Consultant acknowledges that in performing the Services hereunder, OCSD may have to
disclose to Consultant orally and in writing certain confidential information that OCSD
considers proprietary and has developed at great expense and effort.
14.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or
corporation, without OCSD's prior written consent, any trade secret or confidential
information, knowledge or data relating to the products, process, or operation of OCSD.
14.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm,
or corporation any data, information, technology, or material developed or obtained by
Consultant during the term of this Agreement.
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14.4 Consultant agrees as follows:
• To use the confidential information only for the purposes described herein; to not reproduce
the confidential information; to hold in confidence and protect the confidential information
from dissemination to and use by anyone not a party to this Agreement; and to not use the
confidential information to benefit itself or others.
• To restrict access to the confidential information to its Consultant or personnel of Consultant
who (1) have a need to have such access and (2) have been advised of and have agreed
in writing to treat such information in accordance with the terms of this Agreement.
• To return all confidential information in Consultant's possession upon termination of this
Agreement or upon OCSD's request, whichever occurs first.
• To hold in confidence information and materials 'f any, eloped pursuant to the Servic s
hereunder.
14.5 The provisions of this section shall su terms tion or expiration of thisnt
shall continue for so long as the material remains confidential. w
15. Ownership of Documents All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Consultant,
its employees, subconsultants, and agents in the performance of this Agreement shall be
the property of OCSD and shall be promptly delivered to OCSD upon request of OCSD's
Project Managgir or designee, or upon the termination of this Agreement, and Consultant
shall have no claim for further employment or additional compensation as a result of the
exercise by OCSD of its full rights of ownership of the documents and materials hereunder.
Any use of such completed documents for other projects and/or use of incomplete
documents without specific written authorization by the Consultant will be at OCSD's sole
risk and without liability to Consultant. Consultant shall ensure that all its subconsultants
shall provide for assignment to OCSD of any documents or materials prepared by them.
16. Ownership of Intell€ctua/Property
16.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics,
prototypes, models, inventions, and all other information and items made during the course
of this Agreement and arising from the Services (hereinafter referred to as "New
Developments")shall be and are assigned to OCSD as its sole and exclusive property.
16.2 Consultant agrees to promptly disclose to OCSD all such New Developments. Upon
OCSD's request, Consultant agrees to assist OCSD, at OCSD's expense, to obtain patents
or copyrights for such New Developments, including the disclosure of all pertinent
information and data with respect thereto, the execution of all applications, specifications,
assignments, and all other instruments and papers which OCSD shall deem necessary to
apply for and to assign or convey to OCSD, its successors and assigns, the sole and
exclusive right,title and interest in such New Developments. Consultant agrees to obtain or
has obtained written assurances from its employees and contract personnel of their
agreement to the terms hereof with regard to New Developments and confidential
information.
16.3 Consultant warrants that Consultant has good title to any New Developments, and the right
to assign New Developments to OCSD free of any proprietary rights of any other party or
any other encumbrance whatever.
16.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals,
photographs, videotapes, data, computer files, and other documents prepared or caused to
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be prepared by Consultant or its subconsultants in connection with these Services shall be
delivered to and shall become the exclusive property of OCSD. OCSD may utilize these
documents for OCSD applications on other projects or extensions of this project, at its own
risk.
17. No Solicitation of Employees
17.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one
(1) year immediately following termination of this Agreement, or any extension hereof, call
on,solicit,or take away any of the employees whom Consultant became aware of as a result
of Consultant's Services to OCSD.
17.2 Consultant acknowledges that OCSD's employees are critical to its business and OCSD
expends significant resources to hire, employ, and t*# employees. Should Consultant
employ or otherwise engage OCSD's employees during the term of this Agreement and for
a period of one (1)year following termination of this Agreement, Consultant will pay OCSD
fifty percent(50%) of the former employee's most recent annual salary earned at OCSD to
accurately reflect the reasonable value of OCSD's time and c ts.�This payment is in
addition to any othe fights and remedies OCSD may have at `V
18. Independent Contractor Capacity
18.1 The relationship of Consultant to OCSD is thlof an independ nt contractor and nothing
herein shall be construed as creating an empl rant or agency relationship.
18.2 Consultant shall act independently and not asi officer or employee of OCSD. OCSD
assumes no liabilityfor Consultant's action and performance, norassumes responsibility for
taxes, funds, payments or other commitments, implied or expressed, by or for Consultant.
18.3 Consultant shall not be considered an agent of OCSD for any purpose whatsoever, nor shall
Consultant have the right to, and shall not, commit OCSD to any agreement, contract or
undertaking. Consultant shall not use OCSD's name in its promotional material or for any
advertising or publicity purposes without expressed written consent.
18.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on
OCSD's payroll as regular employees including, without limitation, worker's compensation,
disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for
providing, at Consultant's expense, disability, worker's compensation or other insurance as
well as licenses and permits usual or necessary for conducting the Services hereunder.
18.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll
and othertaxes incurred as a result of fees hereunder. Consultant hereby indemnifies OCSD
for any claims, losses,costs,fees, liabilities,damages or penalties suffered by OCSD arising
out of Consultant's breach of this provision.
18.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those
individuals listed on OCSD's payroll as regular employees. Consultant shall remain ineligible
for such benefits or participation in such benefit plans even if a court later decides that OCSD
misclassified Consultant for tax purposes.
19. Licenses, Permits Consultant represents and warrants to OCSD that it has obtained all
licenses, permits, qualification and approvals of whatever nature that are legally required to
engage in this work. Any and all fees required by Federal, State, County, City and/or
municipal laws, codes and/or tariffs that pertain to work performed under the terms of this
Agreement will be paid by Consultant.
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20. Consultant's Representations In the performance of duties under this Agreement,
Consultant shall adhere to the highest fiduciary standards, ethical practices and standards
of care and competence for their trade/profession. Consultant agrees to comply with all
applicable Federal, State and local laws and regulations.
21. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it has
investigated the work to be performed; 2)it has investigated the site of the work and is aware
of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the
work under this Agreement. Should Consultant discover any latent or unknown conditions
materially differing from those inherent in the work or as represented by OCSD, it shall
immediately inform OCSD of this and shall not proceed, except at Consultant's risk, until
written instructions are received from OCSD.
22. Right to Review Services Facilities rds , �
22.1 OCSD reserves the right to review orti f the Services performed by Consutt
under this Agreement, and Cor�ulta ees t cooperate to the fulledextent possible.
22.2 Consultant shall furnish to OCSD such reports, statistical data, and other information
pertaining to Consultant's Services as shall be reasonably required by OCSD to carry out
its rights and responsibilities under its agreements with its bondholders or noteholders and
any other agreement relating to the development of the project(s)and in connection with the
issuance of its official statements and other prospectuses with respect to the offering, sale,
and issuance its bonds and other obligations.
F
22.3 The right of OCSD to review or approve drawings, specifications, procedures, instructions,
reports,test results, calculations, schedules, or other data that are developed by Consultant
shall not relieve Consultant of any obligation set forth herein.
23. Force Maieure Neither party shall be liable for delays caused by accident, Flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by
a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Agreement.
24. Severability If any section, subsection, or provision of this Agreement, or any agreement
or instrument contemplated hereby, or the application of such section, subsection, or
provision is held invalid, the remainder of this Agreement or instrument in the application of
such section, subsection or provision to persons or circumstances other than those to which
it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
25. Waiver The waiver of either party of any breach or violation of, or default under, any
provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default
thereunder. Any breach by Consultant to which OCSD does not object shall not operate as
a waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
26. Remedies In addition to other remedies available in law or equity, if the Consultant fails to
make delivery of the goods or Services or repudiates its obligations under this Agreement,
or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may(1)terminate the Agreement; (2)recover whatever amount of the purchase price
OCSD has paid, and/or (3) "cover' by purchasing, or contracting to purchase, substitute
goods or Services for those due from Consultant. In the event OCSD elects to "cover as
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described in (3), OCSD shall be entitled to recover from Consultant as damages the
difference between the cost of the substitute goods or Services and the Agreement price,
together with any incidental or consequential damages.
27. 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.
28. Attorney's Fees If any action at law or inequity 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 hich it may be entitled.
29. Dispute Resolution
29.1 In the event of a dispute as to the coActio interpretation of this Agreement, or any
rights or obligations hereunder, the Parties she first attempt, in good faith, to resolve the
dispute by mediation.The Parties shall mutually select a mediator to facilitate the resolution
of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be
conducted in accordance with the Commercial Mediation Rules of the American Arbitration
Agreement, through the alternate dispute resolution procedures of Judicial Arbitration
through Mediation Services of Orange County("JAMS"), or any similar organization or entity
conducting an alternate dispute resolution process..�
29.2 In the event the Parties are unable t/timely res ve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two(2)arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws
e State of California. The arbitrator's decision and award shall be subject to review for
of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
30. Damage to OCSD's Property Any OCSD property damaged by Consultant will be subject
to repair or replacement by Consultant at no cost to OCSD.
31. OCSD Safety and Human Resources Policies OCSD requires Consultant and its
subconsultants to follow and ensure their employees follow all Federal, State and local
regulations as well as OCSD Safety Standards while working at OCSD locations. If during
the course of the Agreement it is discovered that OCSD Safety Standards do not comply
with Federal, State or local regulations, then the Consultant is required to follow the most
stringent regulatory requirement at no additional cost to OCSD. Consultant and all of its
employees and subconsultants, shall adhere to all applicable OCSD Safety Standards and
Human Resources Policies found at: OCSD.com, "Doc Central" (bottom of page), under
"Safety". OCSD's Safety Standards and Human Resource Policies are hereby incorporated
by reference as though fully set forth herein in Exhibit"D".
32. Freight(F.O.B. Destination) Consultant assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Agreement.
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33. Assignments Consultant shall not delegate any duties nor assign any rights under this
Agreement without the prior written consent of OCSD. Any such attempted delegation or
assignment shall be void.
34. Conflict of Interest and Reportinu
34.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest
in performance of this Agreement.
34.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict
between Consultant's families, business or financial interest or its Services under this
Agreement, and in the event of change in either its private interests or Services under this
Agreement, it will raise with OCSD any question regardingpossible conflict of interest which
may arise as a result of such change.
35. Third Party Rights Nothing in thip-oeem shall be construed to giv ight
benefits to anyone other than(&SD and Cons ant.
36. Non-Liability of OCSD Officers and Employees No officer or employee of CSD shall
be personally liable to Consultant, or any successor-in-interest, in the event of any default
or breach by OCSD or for any amount which may become due to Consultant or to its
successor, orfor breach of any obligation of the terms of this Agnement.
37. Authority to Execute The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement and that by executing this
Agreement, the Parties are fprmally bound.
36. Read and Understood By signing this Agreement, Consultant represents that it has read
and understood the terms and conditions of the Agreement.
39. Entire Agreement This Agreement constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
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40. Notices All notices under this Agreement must be in writing. Written notice shall be
delivered by personal service or sent by registered or certified mail, postage prepaid, return
receipt requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Any facsimile notice must be
followed within three (3) days by written notice. Rejection or other refusal to accept or the
inability to deliver because of changed address for which no notice was given as provided
hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices
shall be effective when first received at the following addresses:
OCSD: Larry Roberson
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenge
Fountaira.Valley, CA 92708-7018 ,
Consultant: Contact Name
Contact Title
Com an Name
Street Address
City, State, Zip Code
Each party shall provide the other party writteVotice of any change in address as soon as
practicable. & ,
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated By:
Chair, Board of Directors
Dated: By:
Clerk of the Board
Dated: By:
Contracts, Purchasing and Materials
Management Manager
COMPANY
Dated: By:
Print Name and Title of Officer
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OPERATIONS COMMITTEE Meeting Date Toed.ofon.
10/04/17 10/7S/17
AGENDA REPORT Item Number IemNumber
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT,
PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Design Services Agreement with Arcadis US Inc. to provide
engineering design services for the Bay Bridge Pump Station and Force Main
Replacement, Project No. 5-67, for an amount not to exceed $7,137,000; and
B. Approve a contingency of$713,700 (10%).
BACKGROUND
The existing Bay Bridge Pump Station and associated force mains piping were initially
constructed in 1966. It is located on Pacific Coast Highway and is adjacent to the Newport
Back Bay Channel. The force mains cross the channel and connect to the existing
Newport force main network. The volume of flow through the Bay Bridge Pump Station
accounts for 50-60% of Newport Beach's wastewater.
The Bay Bridge Pump Station is surrounded by property undergoing approvals to
construct a three-story mixed-use development with marina improvements. The Owner
of this surrounding property would like the Orange County Sanitation District (Sanitation
District) to relocate the pump station to a location that does not interfere with their
development plans. A Preliminary Assessment Siting Report(Siting Study)was prepared
to determine the best location for the new pump station and force main alignment.
The Siting Study results led the property owner to offer a new pump station location that
is northeast of the current pump station. The site is approximately 10,000 square feet
(double the size of the existing) and accommodates a new force main alignment across
the Newport Back Bay, which is to the north of the Cal Trans bridge.
The preferred alternative is to build a new pump station and force main system while the
existing system is in operation. After completion, the existing pump station will be
demolished and the restored site exchanged with the surrounding property owner so it
can be used for the development. The proposed pump station site will allow safer access
for maintenance personnel, the addition of an on-site odor control system, and be out of
the public view from Pacific Coast Highway and the proposed mixed-use development.
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RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Ensure the public's money is spent wisely
PROBLEM
The pump station is over 50 years old and does not meet various Sanitation District safety
and engineering standards. Access to the pump station is limited. The planned
construction of a three-story, mixed-use development around the pump station will require
an on-site odor control system. The existing pump station force main piping is under-
sized, aging, cannot be inspected due to the location under the back bay channel, and is
reaching the end of its useful lifespan.
PROPOSED SOLUTION
Build a pump station at a new location and an associated force main system that crosses
the back bay channel. Abandon the existing pump station and force main system that is
being replaced. The services of a design consulting firm are required to complete this
work.
TIMING CONCERNS
Constructing the new facilities in advance of the proposed development will allow more
space for construction staging and have less community impacts. The surrounding
property owner is planning to begin construction in early 2020. To reduce delays for the
proposed development, the preliminary design and permitting of this project will begin
during the current property negotiations. The Sanitation District will not proceed into
project final design until the property negotiations are complete.
RAMIFICATIONS OF NOT TAKING ACTION
The pump station would need to be rehabilitated in place and the force mains would
require a different alignment to cross the Newport Back Bay channel. The existing pump
station would be surrounded by a three-story, mixed-use development. Limited access
for maintenance personnel and an increase in odor complaints would become
problematic.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
The Sanitation District requested and advertised for proposals for the Bay Bridge Pump
Station and Force Main Replacement, Project No. 5-67, on June 6, 2017. The following
Page 2 of 4
evaluation criterion were described in the Request for Proposals (RFP) and used to
determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 35%
Related Project Experience 25%
Project Team and Staff Qualifications 40%
Five proposals were received on July 18, 2017. A pre-selected Evaluation Team
consisting of the following Sanitation District staff reviewed the proposals.
Adam Nazaroff CIP Project Manager
Don Stokes Maintenance Superintendent
William Cassidy Engineering Supervisor
Michael Dorman Engineering Manager
Raul Cuellar Engineering Supervisor
The Evaluation Team reviewed and ranked each of the proposals in accordance with the
evaluation process set forth in the Sanitation District Board of Directors' Ordinance
No. OCSD47 (Purchasing Ordinance). Three additional representatives participated in
the evaluation process as non-voting members; two from the Contracts Administration
Division and one from Engineering.
Following scoring by the Evaluation Team, it was deemed that interviews were necessary
to determine the top proposer. Three proposers were selected for interviews. The two
proposers not selected for the interview (Lee & Ro and Stantec) demonstrated a lower
ranking with a natural break. Based on the ranking shown below, Arcadis was selected
as the most qualified consultant.
Consultant Arcadis Carollo Hazen
Evaluator
Evaluator 2 1 3
Evaluator 2 2 1 3
Evaluator 3 1 2 3
Evaluator 1 2 3
Evaluator 5 1 2 3
Combined 1 2 3
Ranking
Page 3 d 4
Arcadis was selected based on the strength of their team experience and their
presentation of a well-thought-out approach.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. In accordance with the
Purchasing Ordinance, the fee proposal of only the highest-ranked firm was opened after
approval by the Director of Engineering of the Evaluation Committee's recommendation.
Staff conducted four negotiation meetings with Arcadia to clarify the requirements of the
Scope of Work, the assumptions used for the estimated level of effort, and the proposed
approach to meet the goals and objectives for the project.
Original Fee
Proposal Negotiated Fee
Total Hours 33,830 33,322
Total Fee $7,497,512 $7,136,621
The Consultant's fringe and overhead costs, which factor into the billing rate, have been
substantiated. The contract profit is 5%, which is based on an established formula from
the Sanitation District's standard design agreements.
Based on the above, staff has determined the final negotiated fee is fair and reasonable
for the level of effort required for this project and recommends award of the Professional
Design Services Agreement to Arcadis.
CEQA
The Environmental Impact Report for this project is scheduled for consideration and
adoption by the Sanitation District Board of Directors in December 2017. Design related
decisions made prior to the adoption of this EIR, will be used to support the document.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted (Line item: Section 8, Page 30 and 2017-18
Budget Update, Page A-7).
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
Professional Design Services Agreement
AN:dm:gc
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PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 25" day of October,
2017 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT', and ARCADIS U.S., INC., for purposes of this Agreement
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Bay
Bridge Pump Station and Force Main Replacement, Project No. 5-67; and to provide Design
services for the replacing of the existing Bay Bridge Pump Station to meet current building,
electrical, and safety codes and SANITATION DISTRICT design standards. The Bay Bridge
Pump Station associated force mains will also be replaced. The force mains to be replaced
extend from Bay Bridge Pump Station to a valve box on the west sided of Upper Newport Bay
and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on October 25, 2017 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee to approve this Agreement
between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment"A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
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B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
comments shall be incorporated into the design prior to the next submittal
deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate
for the level of work submitted (i.e. correct references, terms, capitalization or
equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of thirty (30)calendar
days during which the SANITATION DISTRICT shall perform appropriate reviews
and including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANITATION DISTRICT.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or
recommended under this Agreement allow for competitive bidding. The
CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of
major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT prior to beginning work on such plans
and specifications. Whenever the CONSULTANT recommends a specific
product or equipment for competitive procurement, such recommendation shall
include at least two brand names of products that are capable of meeting the
functional requirements applicable to the project.
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F. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Seven Million One
Hundred Thirty-Seven Thousand Dollars ($7,137,000). Total compensation to
CONSULTANT including burdened labor(salaries plus benefits), overhead,
profit, direct costs, and Suboonsultant(s)fees and costs shall not exceed the sum
set forth in Attachment"E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
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Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment"E"- Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment"E"- Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment"E"- Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment"D"-Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 -COMPENSATION above.
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to
modifications in scope of work resulting from field investigations and field work
required by Contract. These items may include special equipment, test
equipment and tooling and other materials and services not previously identified.
Refer to attachment"D"Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
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reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/l 04711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging—Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by 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.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
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own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
it. The percentage of the work accomplished for each project element.
The SANITATION DISTRICT, at its discretion, retain an amount equal to that
which insures that the total amount paid to that date does not exceed the
percentage of the completed work for each project element or the project in its
entirety.
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C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes
to be presented to an officer or employee of the SANITATION DISTRICT a false
claim or request for payment or approval; b) knowingly makes, uses, or causes to
be made or used a false record or statement to get a false claim paid or approved
by the SANITATION DISTRICT; c) conspires to defraud the SANITATION
DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT;
d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the SANITATION
DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to
the SANITATION DISTRICT, and fails to disclose the false claim to the
SANITATION DISTRICT within a reasonable time after discovery of the false claim.
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 at seq,
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CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to 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 Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulations Section 16461(a).
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
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7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20)days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
III. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage:
Two Million Dollars ($2,000,000) per occurrence with Two Million Dollars
($2,000,000)aggregate. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement),
products liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse
and Underground)and Riggers/On Hook Liability must be included in the
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
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D. AutomotiveNehicle 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 Two Million Dollars ($2,000,000) or
alternatively, Two Million Dollars ($2,000,000) 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 the SANITATION DISTRICT.
F. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Ten Million Dollars
($10,000,000)with limits in accordance with the provisions of this Paragraph.
If the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
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In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
H. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (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 the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
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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.
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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.
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.
8. SCOPECHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer, such services hereunder will be
performed under the direct supervision of registered engineers.
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 13 of 20
11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3)years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Gary V. Prater, Principal Contracts Administrator
Copy: Adam Nazaroff, Project Manager
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 14 of 20
Notices shall be mailed to CONSULTANT at:
ARCADIS U.S., INC.
320 Commerce
Suite 200
Irvine, CA 92602
Attention: Harmik Aghanian, PE
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13- NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work.
CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all
memoranda, correspondence, computation and study materials in its files pertaining to
the work described in this Agreement, which is requested in writing by the SANITATION
DISTRICT.
16. COMPLIANCE
CONSULTANT certifies by the execution of this Agreement that it pays employees not
less than the minimum wage as defined by law, and that it does not discriminate in its
employment with regard to race, color, religion, sex or national origin; that it is in
compliance with all federal, state and local directives and executive orders regarding
non-discrimination in employment; and that it agrees to demonstrate positively and
aggressively the principle of equal opportunity in employment.
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 15 of 20
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2)future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 16 of 20
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 contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654)that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs
of defending the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 17 of 20
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, as applicable, all of which may be
amended from time to time.
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30)days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
PDSA PROJECT NO. 5-87
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 18 of 20
27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 19 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: ARCADIS U.S., 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" Labor Hour Matrix
Attachment"C" Not Attached
Attachment"D" Allowable Direct Costs
Attachment"E" Fee Proposal
Attachment"F" Not Used
Attachment"G" Not Attached
Attachment"H" Not Used
Attachment"I" Cost Matrix and Summary
Attachment"J" Not Attached
Attachment X' Hourly Rate Schedule for Minor Subconsultant
Attachment"L" OCSD Safety Standards
GVP:yp
PDSA PROJECT NO. 5-67
CONFORMED BAY BRIDGE PUMP STATION AND FORCE MAIN REPLACEMENT
Page 20 of 20
OPERATIONS COMMITTEE Meeting Date TOBd.Ot Dir.
io/o4/v io/zs/v
AGENDA REPORT emNumber Item Number
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: OCSD/OCWD JOINT AGREEMENT FOR GWRS FINAL EXPANSION
GENERAL MANAGER'S RECOMMENDATION
Approve the First Amendment to the Second Amended and Restated Joint Exercise of
Powers Agreement for the Development, Operation, and Maintenance of the
Groundwater Replenishment System and Green Acres Project between Orange County
Sanitation District and Orange County Water District.
BACKGROUND
The Orange County Sanitation District (Sanitation District)and the Orange County Water
District (OCWD) have a Joint Exercise of Powers Agreement for the Final Expansion of
the Groundwater Replenishment System (GWRS). The GWRS Final Expansion will
increase the production capacity from 100 million gallons per day (mgd)to 130 mgd.
Secondary effluent from both of the Sanitation District plants is required to support the
GWRS Final Expansion. Currently, all the secondary effluent from the Sanitation District's
Plant No. 1 is routed to the GWRS. To support the Final Expansion of the GWRS, all
reclaimable flow from Plant No. 2 will need to be pumped to the GWRS. Five major
construction projects on the Sanitation District property will be necessary to make this
possible. Under the Second Amended Agreement, OCWD will be responsible for funding
these five projects. The Sanitation District has agreed to design and construct the
Headworks Modifications at Plant No. 2 for GWRS Final Expansion and the Plant Water
Pump Station Relocation at Plant No. 2. OCWD shall reimburse the Sanitation District
for the costs of the design and construction of these two projects.
The Sanitation District is currently seeking grant funding for Headworks Modifications at
Plant No. 2 for GWRS for Final Expansion. This Amendment provides authorization to
the existing Joint Powers Agreement that any grant funds received by the Sanitation
District applicable to Headworks Modifications at Plant No. 2 for GWRS Final Expansion
shall be deducted from OCWD's reimbursement to the Sanitation District for its costs on
the project.
RELEVANT STANDARDS
• Meet volume and water quality needs to support GWRS System
• Support OCWD expansion of GWRS
Page 1 d 4
PROBLEM
The existing Second Amended Joint Exercise of Powers Agreement for the Development,
Operation, and Maintenance of the GWRS and Green Acres Project does not address
grant funding.
PROPOSED SOLUTION
Adopt an amendment to the second amended agreement to cover new terms needed for
grant funding for the final expansion of the GWRS.
TIMING CONCERNS
The Sanitation District applied for grant funding from the Federal Bureau of Reclamation
in August 2017.
RAMIFICATIONS OF NOT TAKING ACTION
There would be no memorialized agreement regarding grant funding between the two
agencies.
PRIOR COMMITTEE/BOARD ACTIONS
November2016:
Adopted Resolution No. OCSD 16-30 entitled: "A Resolution of the Orange County Board
of Directors adopting findings with respect to the California Environmental Quality Act in
consideration of the Groundwater Replenishment System Final Program EIR/EIS (FEIR)
as augmented by Addendum No. 6 to the FEIR and related actions";
Adopted Resolution No. OCSD 16-31 entitled: "A Resolution of the Orange County Board
of Directors adopting findings with respect to the California Environmental Quality Act in
consideration of the Orange County Water District Water Production Enhancement
Project Initial Study/Mitigated Negative Declaration and related actions"; and
Approved the Second Amended Joint Exercise of Powers Agreement for the
Development, Operation, and Maintenance of the Groundwater Replenishment System
and Green Acres Project.
September 2016:
Established a project for Headworks Modifications at Plant No. 2 for GWRS Final
Expansion, Project No. P2-122, with a budget of$50,000,000.
May 2011:
Considered, received, and filed Addendum No. 5 to the Orange County Water District
(OCWD) Final Program EIR/EIS Groundwater Replenishment System (GWRS), Modified
Page 2 of 4
Phase II Expansion Project, also known and herein referenced as the GWRS Initial
Expansion Project;
Adopted Resolution No. OCSD 11-06, Adopting Findings with Respect to the California
Environmental Quality Act in Consideration of the GWRS Final Program EIR/EIS (FEIR)
as Augmented by Addendum No. 5 to the FEIR and Related Actions;
Approved Reimbursement Agreement with OCWD entitled "Reimbursement Agreement
between the Orange County Water District and the Orange County Sanitation District for
Construction of Portions of GWRS Initial Expansion Under the Secondary Activated
Sludge Facility 2 at Plant No. 1, Job No. P1-102," in a form approved by General Counsel,
for an estimated amount not to exceed $100,000, to be reimbursed to the Sanitation
District;
Authorized the General Manager to ratify a change order to the Secondary Activated
Sludge Facility 2 at Plant No. 1, Job No. P1-102, to construct portions of the GWRS Initial
Expansion Project for an amount not to exceed $100,000; and
Approved a Storage Tanks Lease and License Agreement by and between the Sanitation
District and OCWD, for installation of two 7.5-million-gallon storage tanks on the
Sanitation District's Plant No. 1 site for$1 per year.
April 2010:
Approved Amended Joint Exercise of Powers Agreement for the Development,
Operation, and Maintenance of the Groundwater Replenishment System and Green
Acres Project.
January 2009:
Adopted Resolution No. 09-01, Supporting the Water District Development of the Initial
Expansion of the GWR System.
ADDITIONAL INFORMATION
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
Page 3 of 4
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(wwwocsd.com) with the complete agenda package:
• First Amendment to Second Amended and Restated Joint Exercise of Powers
Agreement for the Development, Operation, and Maintenance of the Groundwater
Replenishment System and the Green Acres Project
• Second Amended Joint Exercise of Powers Agreement for the Development,
Operation, and Maintenance of the Groundwater Replenishment System and
Green Acres Project, dated November 2016
KM:sa:gc
Page 4 of 4
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT FOR THE DEVELOPMENT
OPERATION AND MAINTENANCE OF THE GROUNDWATER REPLENISHMENT
SYSTEM AND THE GREEN ACRES PROJECT
This First Amendment to Second Amended And Restated Joint Exercise Of Powers
Agreement For The Development, Operation And Maintenance Of The Groundwater
Replenishment System And The Green Acres Project is entered into by and between the Orange
County Water District (the"Water District") and the Orange County Sanitation District(the
"Sanitation District"). The Water District and the Sanitation District are sometimes collectively
referred to herein as the "Parties,"and individually referred to as each "Party." This First
Amendment shall be effective as of the_day of ,2017.
RECITALS
WHEREAS, on November 16, 2016,the Water District and the Sanitation District
entered into the " Second Amended And Restated Joint Exercise Of Powers Agreement For The
Development, Operation And Maintenance Of The Groundwater Replenishment System And
The Green Acres Project" ("Agreement'); and
WHEREAS,the Sanitation District's Headworks Segregation Project(`Plant 2
Headworks Modifications")is a component required to support final expansion of the
Groundwater Replenishment System; and
WHEREAS, on August 14, 2017, the Sanitation District applied for funding in the form
of a grant from the Federal Bureau of Reclamation to aid in the design and construction of the
Plant 2 Headworks Modifications; and
WHEREAS,the Agreement requires the Water District to reimburse the Sanitation
District for its cost to design and construct the Plant 2 Headworks Modifications, and the
Sanitation District intends to reduce the Water District's required reimbursement by the amount
of any grant funding applicable to the Plant 2 Headworks Modifications obtained by the
Sanitation District.
NOW,THEREFORE,the Parties agree to amend the Waste Water Interceptor Capacity
Agreement as follows:
AGREEMENT
1. The Recitals above are deemed true and correct, are hereby incorporated in this
Amendment as though fully set forth herein, and the Parties acknowledge and agree that they are
bound by the same.
2. Section II,paragraph 3 of the Agreement is amended and restated in its entirety as
follows:
1268639.1
3. Plant 2 Headworks Modifications Project. The Sanitation District
shall plan, design and construct the Plant 2 Headworks Modifications project as
described in Exhibit B. The Sanitation District shall meet and confer with the
Water District regarding the design of the Plant 2 Headworks Modifications prior
to its finalization and approval by the Sanitation District. The Sanitation District
will provide any necessary support and assistance to the Water District in its
efforts to obtain loans and grants to fund this project. The Water District shall
reimburse the Sanitation District for the costs of planning,designing, and
constructing the Project. Without limiting the foregoing, the Water District shall
reimburse the Sanitation District for the costs of the design contract(s), the
construction contract(s), and Sanitation District staff time spent on the project
(total salary and benefits,pro-rated based on hours worked). The Sanitation
District shall send an invoice to the Water District quarterly, which the Water
District shall pay within 60 days of receipt. Should the Sanitation District
successfully obtain grant funds applicable to the Plant 2 Headworks Modifications
project,the Water District's reimbursement(s)to the Sanitation District for its cost
of the design contract(s),the construction contract(s), and staff time spent on the
project shall be reduced by the amount(s) of grant funds received by the
Sanitation District for the project
3. Except as expressly provided herein,this First Amendment does not modify the
Agreement.
4. This First Amendment may be executed in one or more counterparts, all of which
shall be considered one and the same agreement.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this First
Amendment to be signed by the duly authorized representatives as of the day and yen last signed below.
Orange County Sanitation District Orange County Water District
Chairman,Board of Directors Date President,Board of Directors Date
Clerk of the Bond Date Clerk of the Bond Date
Approved as to Form: Approved as to Form:
Bradley R. Begin,General Counsel Joel Kuperberg,General Counsel
1268639.1
l
SECOND AMENDED AND RESTATED JOINT EXERCISE OF POWERS DA/G*41
AGREEMENT FOR THE DEVELOPMENT,OPERATION AND
MAINTENANCE OF THE GROUNDWATER REPLENISHMENT
SYSTEM AND THE GREEN ACRES PROJECT
This Second Amended and Restated Joint Exercise of Powers Agreement for the
Development,Operation and Maintenance of the Groundwater Replenishment System and the
Green Acres Project("Agreement") is made and entered into between the Orange County Water
District(the"Water District")and the Orange County Sanitation District(the"Sanitation
District"). The Water District and the Sanitation District are sometimes collectively referred to
in this Agreement as the"Parties,"and ind' [dually referred to as each "Party."' The Agreement
shall be effective as of the fa day of W, 2016.
RECITALS
This Agreement is based on the following facts, mutual understandings and intentions
of the Parties:
A. The Parties entered into an agreement dated November 12,2002 entitled"Joint
Exercise of Powers Agreement for the Development, Operation and Maintenance of the
Groundwater Replenishment System and the Green Acres Project"("Original 2002
Agreement"). The Original 2002 Agreement sets forth (1)certain rights and obligations relating
to the planning, design, construction, operation, and maintenance of the Groundwater
Replenishment System("System"), and(2)certain rights and obligations relating to the
operation of the Green Acres Project and the Water District's sale of Reclaimed Water to the
Sanitation District. The Parties amended the 2002 Agreement on October 15, 2003 and April 26,
2006. (The Original 2002 Agreement, as amended on October 15,2003 and April 26,2006,is
hereinafter referred to as the"2002 Agreement").
B. The Parties entered into an agreement dated March 5,2010 entitled"Amended
Joint Exercise of Powers Agreement for the Development, Operation and Maintenance of the
Groundwater Replenishment System and the Green Acres Project"("2010 Agreement"). The
2010 Agreement provided for the Initial Expansion of the System from 70 million gallons per
day("mgd")to 100 mgd.
C. Pursuant to the 2002 Agreement and the 2010 Agreement,the Panics have
planned,designed,and constructed the System. The System commenced operation on January
10, 2008,and has operated continuously since that date. The Patties have received numerous
awards from regional, national, and international bodies for their pioneering work in the
planning,design, construction,and operation of the System.
D. The Water District is planning to further expand the System,at its own expense,
by expanding the production capacity of the Advanced Water Treatment Facilities(AWTF)and
related post-treatment facilities (the"AWTF Final Expansion"). As currently planned, the
AWTF Final Expansion will increase the System's production capacity from 100 mgd to 130
' Unless otherwise required by the context in which any defined term appears,
capitalized terms shall have the meanings specified in Exhibit A hereto.
1 1201758.1
mgd. The AWTF Final Expansion is estimated to cost approximately one hundred and thirty
million dollars($130,000,000).
E. In order to produce 130 mgd of Product Water after the AWTF Final Expansion is
complete,the Water District will require up to 175 mgd of Specification Influent from the
Sanitation District. Currently,the Sanitation District provides up to 135 mgd of Specification
Influent to the Water District, all of it from the Sanitation District's wastewater treatment facility
designated m"Plant L" Based on current flows and flow projections, specification water from
the Sanitation District's wastewater treatment facility designated as"Plant 2"will need to be
made available to the AWTF. Five major construction projects on Sanitation District property
will be necessary to make this possible: (i)the Plant 2 Headworks Modifications project, at an
estimated cost of thirty eight-million dollars($38,000,000);(it) the Plant 2 Effluent Pump
Station project,at an estimated cost of eighteen million dollars($18,000,000); (iii)the Plant 2
Flow Equalization Tank project,at an estimated cost of twenty-three million dollars
($23,000,000); (iv)the 66"Interplant Pipe Rehabilitation project,at an estimated cost of thirty-
seven million dollars($37,000,000);and(v)the Plant Water Pump Station Replacement,which
is part of the Ocean Outfall System Rehabilitation Project J-117,at an estimated cost of twelve
million dollars(S 12,000,000). These projects are described in more detail in Exhibit"B"
attached hereto. The Water District is willing to fund the design and construction of these five
projects, in addition to the AWTF Final Expansion,under the terms and conditions set forth in
this Agreement.
F. The Sanitation District shall,at its own expense,(i)construct those portions of the
Ocean Outfall System Rehabilitation Project J-117 that will replace portions of the Ocean Outfall
Booster Station pumping system with a low flow pump station,and (ii)reconfigure the piping at
the Plant 2 primary and secondary facilities to allow segregation of non-reclaimable and less
desirable wastewater streams from those streams that will ultimately be treated by the System.
These projects are currently in the Sanitation District's Capital Improvement Program and will
continue to be funded from that source.
G. The Water District uses the System's product water to replenish the Orange
County Groundwater Basin,which provides potable water to over 2.4 million people in central
and northern Orange County. Portions of the Basin,known as the"North Basin"and"South
Basin", are contaminated with volatile organic compounds. The Water District operates
extraction wells in the North Basin and South Basin to remove contaminated groundwater.
Pursuant to the terms set forth in this Agreement,the Parties desire to increase the amount of
wastewater available to the System by transferring contaminated groundwater extracted from the
North Basin and South Basin to the Sanitation District for treatment and reuse.
H. This Agreement is intended to replace and supersede the 2002 Agreement and the
2010 Agreement,and provide a complete expression of the Parties' respective rights and
responsibilities related to the System. At the same time, the Parties acknowledge that(i)the
Water District's covenants under this Agreement are supported by, among other consideration,
all of the Sanitation District's covenants in the 2002 Agreement,the 2010 Agreement,and
herein,(ii)the Sanitation District's covenants under this Agreement are supported by,among
other consideration,all of the Water District's covenants in the 2002 Agreement,the 2010
Agreement, and herein.
1. The Sanitation District's substantial investment in the System provides the
Sanitation District with a reliable outlet to dispose of more than one hundred(100)mgd of
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secondary treated wastewater for certain periods. This allows the Sanitation District to delay and
possibly eliminate a planned second ocean outfall, needed primarily to dispose of peak flows.
J. This Agreement,m did the 2002 Agreement and the 2010 Agreement,provides
for the planning, design,construction and operation of the System by the joint venture of the
Parties. This Agreement is a Joint Powers Agreement within the meaning of Government Code
Sections 6500,et seq. Pursuant to this Agreement, the Parties intend to jointly exercise powers
common to them. The Parties possess, inter alia,the following common powers and authority:
(1) The power and authority to construct,operate and maintain facilities,pipelines,
other conduits, machinery,and other works to conserve,reclaim,purify,treat,transport or
otherwise manage and put to beneficial use water that was recovered from operation of a
sewerage system;
(2) The power and authority to discharge water so as to replenish the underground
basin and other natural water resources;and
(3)The power and authority to acquire real and personal property, within or without
the Parties'boundaries,as necessary or convenient for the full exercise of their respective
powers.
The method by which the Parties intend to jointly exercise these powers is set forth in
this Agreement. This Agreement is also intended to set forth the terms and conditions governing
(1) the Sanitation District's provision of secondary treated wastewater to the Water District for
the Green Acres Project,and(2)the Water District's provision of tertiary treated water to the
Sanitation District.
AGREEMENT
NOW,THEREFORE, in consideration of the foregoing facts recited and the mutual
goals and objectives contained herein,the Parties agree as follows:
I. Existing Agreements.
1. This Agreement shall replace and supersede the 2002 Agreement and the 2010
Agreement.
It. Planning,Design,and Construction.
2. AWTF Final Expansion. The Water District shall,at its own expense,plan,
design, and construct the AWTF Final Expansion as described in Exhibit A.
3. Plant 2 Headworks Modifications Project. The Sanitation District shall plan,
design and construct the Plant 2 Headworks Modifications project as described in Exhibit B.
The Sanitation District shall meet and confer with the Water District regarding the design of the
Plant 2 Headworks Modifications prior to its finalization and approval by the Sanitation District.
The Sanitation District will provide any necessary support and assistance to the Water District in
its efforts to obtain loans and grants to fund this project. The Water District shall reimburse the
Sanitation District for the costs of planning,designing, and constructing the Project. Without
limiting the foregoing,the Water District shall reimburse the Sanitation District for the costs of
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the design contract(s),the construction contract(s), and Sanitation District staff time spent on the
project(total salary and benefits, pro-rated based on hours worked). The Sanitation District shall
send an invoice to the Water District quarterly, which the Water District shall pay within 60 days
of receipt.
4. Plant 2 Plant Water Pump Station Relocation Proiect. The Sanitation District shall
plan, design and construct the relocation of the Plant 2 Plant Water Pump Station project as
described in Exhibit B. This project shall be constructed as a part of existing project Ocean
Outfall System Rehabilitation, Project J-117 for efficiency and coordination purposes. The
Sanitation District shall meet and confer with the Water District regarding the design of the Plant
2 Plant Water Pump Station Relocation prior to its finalization and approval by the Sanitation
District. The Sanitation District will provide my necessary support and assistance to the Water
District in its efforts to obtain loans and grants to fund this project. The Water District shall
reimburse the Sanitation District for the costs of planning, designing,and constructing the
Project. Without limiting the foregoing,the Water District shall reimburse the Sanitation District
for the costs of the design contract(s),the construction contract(s),and Sanitation District staff
time spent on the project(total salary and benefits,pro-rated based on hours worked). The
Sanitation District shall send an invoice to the Water District quarterly, which the Water District
shall pay within 60 days of receipt.
5. Other Proiects. The Water District shall plan,design, and construct,at its own
expense,the Plant 2 Effluent Pump Station project, the Plant 2 Flow Equalization Tank project,
and the 66"Interplant Pipe Rehabilitation project, all as described in Exhibit B. The Water
District shall meet and confer with the Sanitation District regarding the design of these facilities
prior to the finalization and approval of the design of these facilities.
6. CEOA Review. The Parties acknowledge that the Water District has assumed the
role of the lead agency under the California Environmental Quality Act("CEQA") for this
Agreement and the construction and operation of the AWTF Final Expansion, the Plant 2
Headworks Modifications project, the Plant 2 Plant Water Pump Station Relocation project, the
Plant 2 Effluent Pump Station project,the Plant 2 Flow Equalization Tank project,and the 66"
Interplant Pipe Rehabilitation project,and at its expense has taken all actions required by CEQA
for the construction and operation of these facilities,and the System.
III. Ownership of Interests
7. Water District's Property Ownerships. Except as otherwise set forth herein or by
separate instrument executed by the Parties, the Water District shall hold title to and own all
System facilities, including the AWTF, the Initial Expansion facilities and the Final Expansion
Facilities,that are located within the boundaries of the Water District's property. In addition,the
Water District shall hold title to and own the Plant 2 Effluent Pump Station Project,the Plant 2
Flow Equalization Tank Project,and the 66"Interplant Pipe Rehabilitation Project within the
boundaries of the Sanitation District's property. In addition,the parties acknowledge that Water
District holds title to and owns the previously-constructed GWR Pipeline and ancillary and
related facilities, including water percolation facilities, seawater intrusion barrier injection wells,
and transmission pipeline facilities to deliver the GWRS water to the Water District's seawater
intrusion barrier injection wells. The Water District also holds title to and owns all easements
and rights-of-way obtained or to be obtained for the installation, operation and maintenance of
all System facilities.
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1201758.1
8. Sanitation District Property Ownerships. Except as otherwise set forth herein or
by separate instrument executed by the Parties,the Sanitation District shall hold title to and own
all Sanitation District facilities located within the Sanitation District's property that treat and
transmit wastewater to the Water District as Specification Influent.
9. Ownership of Wastewater The Sanitation District shall hold title to and own all
wastewater treated at the Sanitation District's property, including the rights to wastewater
generated outside of the boundaries of the Water District,up to the point of delivery of such
wastewater as Specification Influent to the Water District.
10.Ownership of GWRS Water. The Water District shall hold title to and own all
Specification Influent received from the Sanitation District,and all rights to the GWRS Water
produced by the System. Transfer of title to the secondary effluent shall pass from the Sanitation
District to the Water District within the Secondary Effluent Junction Box No. 6(SEJB6), shown
on Exhibit C attached hereto at Plant I or at the discharge of the Plant 2 Effluent Pump Station.
Any revenues derived from the use or sale of GWRS Water that is not set forth in this Agreement
shall be the sole property of the Water District.
11. Lease of Sanitation District Property by the Water District.
11.1. Reverse Osmosis Building Property. The Sanitation District shall continue to
lease to the Water District the property described on Exhibit"D"attached hereto. During the
term of the lease,the Water District shall use the leased property for System-related purposes.
As the landlord and property owner, the Sanitation District shall assist the Water District in
obtaining any permits or approvals that the Water District may seek from governmental agencies
in connection with the construction and operation of the AWT Facilities,the influent screening
facilities, the landscaping and associated piping on the leased property. Upon the Water District's
request, the Sanitation District shall file or cause to be filed any application,documentation or
information necessary to obtain such permits or governmental approvals.
11.2. Specified Plant 2 Property. The Sanitation District shall lease to the Water
District two parcels totaling approximately 1.5 acres of property as described on Exhibit"E"
attached hereto. During the tern of the lease,the Water District shall use the leased property
for construction,operation and maintenance of the Plant 2 Effluent Pump Station project and the
Plant 2 Flow Equalization Tank project. The Sanitation District may terminate the lease at any
time upon five(5)years' notice to the Water District, if the Sanitation District determines that it
requires the use of the Plant 2 Property. Upon termination of the lease, the Water District shall
be responsible for removing the improvements and restoring the property to the original
condition. As the landlord and property owner,the Sanitation District shall assist the Water
District in obtaining any permits or approvals that the Water District may seek from
governmental agencies in connection with the construction and operation of the Plant 2 Effluent
Pump Station project, the Plant 2 Flow Equalization project, and the 66"Interplant Pipe
Rehabilitation project. Upon the Water District's request,the Sanitation District shall file or
cause to be filed any application,documentation or information necessary to obtain such permits
or governmental approvals.
11.3. Lease of Property—Plant 1 Storage Tanks. The Sanitation District shall
continue to lease to the Water District the property on which the two 7.5-million-gallon storage
tanks are located as shown in Exhibit"D"attached hereto. The Sanitation District may terminate
the lease at any time upon five(5) years' notice to the Water District, if the Sanitation District
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determines that it requires the storage tank property for Sanitation District plant upgrades. The
Water District shall be responsible for removal of the tanks and restoring the site to the original
condition.
11.4. Rent. The total rent for all property leased to the Water District pursuant to this
Section I I shall be Ten Dollars($10.00) for the term of this Agreement. The Parties
acknowledge that the Water District has paid such rent to the Sanitation District concurrently
with the execution and delivery of this Agreement. The rent is set at the nominal sum of ten
dollars IS 10.00)because the Sanitation District has, and will continue to,otherwise receive
adequate and substantial consideration from the Water District under this Agreement, the 2002
Agreement, and the 2010 Agreement.
12. Entrance on the Sanitation District's Provertv. The Sanitation District hereby
grants to the Water District, its employees,consultants, contractors,sub-contractors and
designated agents and representatives,a license to enter upon, occupy, and use one of the
Sanitation District's entrances,to be selected by the Sanitation District in its reasonable
judgment, for employee access and deliveries associated with the construction, operation and
maintenance of the System, including delivery of chemicals and other materials. In no event,
however, shall access for construction workers be permitted at the Sanitation District's main
entrance located on Ellis Avenue. The term of the license shall begin upon execution of this
Agreement and continue until this Agreement expires or is terminated.
13. Interolant Effluent Line. The Sanitation District hereby grants to the Water
District an easement and right of way for the Sanitation District-owned 66" Interplant Pipe from
the Effluent Junction Box (EJB)at Plant 1 to the Ocean Outfall Booster Station(OOBS)wetwell
at Plant 2 for use as a Specification Influent transfer pipeline only from Plant 2 to the AWTF.
The easement and right-of-way is described on Exhibit F attached hereto. The easement and
right of way shall terminate upon termination of this Agreement. Notwithstanding the foregoing,
however, if the Sanitation District determines that it requires the use of the property, it may
notify the Water District of that fact. In the event of such notice, the Water District may either
(1) relinquish its easement and right-of-way and discontinue using the easement and right-of-way
for the 66" Interplant Pipe, or(2)pay fifty percent(50%)of the cost of a new pipeline and right
of way to meet the Sanitation District's alternate need for the pipeline or right of way. The
Water District shall be responsible for removal of the improvements and restoring the site to the
original condition when vacated.
IV. Operation and Maintenance.
A. The Water District's Operations and Maintenance Obligations.
14. Water District Oocration and Maintenance. The Water District shall,at its sole
cost and expense,provide,or cause to be provided, all tools,equipment, vehicles, materials,
supplies and qualified personnel necessary to operate and maintain the screening facilities
located on Sanitation District property, feed pipelines to the AWT Facilities located on
Sanitation District property, the AWT Facilities, the GWR Pipeline,the GAP Influent Pump
Station, the seawater barrier injection wells, the Plant 2 Effluent Pump Station,the Plant 2 Flow
Equalization Tank,the 66" Interplant Pipe Rehabilitation,and all other System facilities
constructed within Plant 2 pursuant to this Agreement except the Plant 2 Headworks and Plant
Water Pump Station facilities.Notwithstanding the foregoing, the Water District shall not be
obligated to operate and maintain the Sanitation District's trickling filters, Steve Anderson Lift
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Station,or related diversion facilities within Sanitation District property. The Sanitation District
hereby transfers ownership,operation and maintenance responsibilities for the Plant I trickling
filter meter,valves, vault, and appurtenances on the Sanitation District property to the Water
District,excluding the underlying property rights, as part of this Agreement. These transferred
facilities become subject to the same rights and responsibilities of the other Water District
facilities on Sanitation District property.
15. Operation of System Facilities. At its sole cost,the Water District shall own,
operate and maintain the AWT Facilities, the Green Acres Project,the Plant 2 Effluent Pump
Station, the Plant 2 Flow Equalization Tank, and the 66"Interplant Pipe Rehabilitation project.
The Water District shall use its best efforts to operate the AWT Facilities without total plant
shutdowns except for scheduled maintenance, suspension or shutdown mandated by a regulatory
agency,or conditions outside of the reasonable control of the Water District; and Water District
will use its best efforts to provide 48 hours written notice to the Sanitation District and obtain
receipt of the Sanitation District's concurrence prior to any shutdown. In the event of a dispute,
the Parties shall exercise the procedures described in Section 50. In the event the groundwater
basin is unable to receive the Product Water from the treatment of Specification Influent, the
Water District shall maintain the permitting necessary to discharge up to 100 mgd into the Santa
Ana River as an outlet for Sanitation District flow consistent with Recital I.
16.Acceptance of Non-Specification Influent. The Water District shall use its best
efforts to accept secondary treated wastewater from the Sanitation District that does not meet the
standards for Specification Influent, in the event the Specification Influent becomes unavailable
due to unforeseen circumstances not reasonably anticipated by the Sanitation District.
Notwithstanding the foregoing, the Water District may reject and refuse to accept any
wastewater not meeting the standards for Specification Influent if the Water District reasonably
determines either that such wastewater not meeting the standards for Specification Influent may
cause substantial damage to the AWT Facilities or other System facilities, or that the Water
District is unable to treat and dispose of such wastewater in compliance with applicable law and
the permits and approvals governing the use of System Water.
17. Acceptance of Peak Flows. The Water District shall routinely operate all System
components,and otherwise maintain all System components in a state of readiness, so the
System will be able to accept Peak Flows of Specification Influent. The Water District shall
accept Peak Flows of Specification Influent from the Sanitation District. Notwithstanding the
foregoing, if the Sanitation District's General Manager or designee agrees in advance in writing,
the Water District may temporarily reduce the System's capability to accept Peak Flows of
Specification Influent. The Sanitation District's General Manager or designee must approve in
writing both the amount and duration of any such reduction in capability.
18. Electrical Power Supply. Throughout the life of the System, the Water District
shall ensure a reliable source of electrical power to preclude disruption of System operations by
securing and maintaining two independent 66-kV lines from Southern California Edison, or by
securing and maintaining an alternative,equally reliable type,system or provider of electrical
service. The Sanitation District shall supply electrical power for the operation of the Plant 2
Effluent Pump Station and the Plant 2 Flow Equalization Tank. The Water District shall
reimburse the cost of power to the Sanitation District at the Sanitation District's current cost
from Southern California Edison.
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19. Sodium Hvpochlorite Supply. The Sanitation District shall add sodium
hypochlorite to its Plant 1 secondary effluent and/or Plant 2 secondary effluent on an as-needed
basis as determined by the Water District. The Water District shall reimburse the cost of the
chemical used to the Sanitation District at the Sanitation District's current cost from its supplier.
20. Fiber Optic Cables. The Sanitation District shall install up to 12 fibers within an
existing fiber optic conduit extending from Sanitation District Plant I to Plant 2 for the Water
District's facilities to be constructed at the Sanitation District's Plant 2. The Water District shall
reimburse the construction cost for this work to the Sanitation District. The Water District shall
install fiber optic conduit and fibers at Plant I to connect from the existing conduit line to the
Microfiltration Screening Building.
21. Reclaimed Water Service to the Sanitation District. The Water District shall
continue to deliver to the Sanitation District, at no cost to the Sanitation District,up to 1,120 acre
feet per year of reclaimed water from the Green Acres Project. The Water District shall provide
the Reclaimed Water at an average flow of I MGD and a pressure of no less than 105 pounds per
square inch gauge(PSIG). The Water District may suspend deliveries of reclaimed water from
the Green Acres Project on 30 minutes advance notice if the secondary treated wastewater
received from the Sanitation District does not meet the standards for Specification Influent. The
Sanitation District may purchase additional Reclaimed Water from the Water District,in excess
of 1,120 acre feet per year.The rate of any additional purchase of water shall be one hundred and
seventy-four dollars and twenty cents($174.20)per acre-foot for Reclaimed Water. For all
Reclaimed Water delivered, this rate shall be adjusted annually on June 30 by the lower of(i) the
change in the U.S. Consumer Price Index for Los Angeles—Riverside—Orange County for the
preceding year or(ii)2.5%. In fulfilling its obligations under this Section 19, the Parties
anticipate that the Water District will generally use Reclaimed Water from the Green Acres
Project. In the event that Reclaimed Water from the Green Acres Project is not available, the
Water District shall provide substitute water from another source.
22. Meterine.Measurement of Flows and Invoices. The Sanitation District agrees
that at the Sanitation District's locations where Reclaimed Water is used exclusively, the Water
District, at its own expense,shall provide a control valve(or valves)and a meter for the purpose
of measuring the quantity of Reclaimed Water delivered under the terms of this Agreement. The
Sanitation District acknowledges and agrees that the Water District may access and read the
Reclaimed Water service meter(s)and record Reclaimed Water usage for the Sanitation District
on a monthly basis. The Sanitation District shall provide all necessary assistance to the Water
District in gaining access to the service meters)to take readings. The Water District shall pay
the City of Fountain Valley and/or Huntington Beach any meter reading charges mandated by
either City.
23. Water Quality Monitorine. The Water District and the Sanitation District shall
establish, implement and maintain a written water quality monitoring program for the following:
(a) the wastewater delivered from the Sanitation District to the Water District pursuant to Section
35 of this Agreement; (b)the waste streams discharged from the AWT Facilities and the Green
Acres Project and delivered to the Sanitation District pursuant to Section 38 of this Agreement;
and(c) the Reclaimed Water that the Water District will deliver to the Sanitation District
pursuant to Section 19 of this Agreement. The monitoring program shall include daily turbidity
samples for all brine wastes.
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1201758.1
24. System Staff and Contractors. The Water District shall recruit, select, employ,
and supervise all staff employees and/or contractors retained to provide services for the operation
and maintenance of the System, including but not limited to any regular fulltime, temporary,
part-time or limited term employees.
25. System Modifications. During operation of the System, the Water District shall
not modify,either temporarily or permanently, any aspect of the System that would impair the
System's ability to accept Specification Influent in the amounts required by this Agreement.
26. Groundwater Cleanup Proiects. The Water District shall construct,operate, and
maintain,at its sole expense, gravity-feed pipelines from the Water District's North Basin and
South Basin extraction wells to the Sanitation District's trunk sewer collection system. The
Sanitation District, in its sole discretion, shall determine the point or points of connection. The
Water District may use these pipelines to transfer up to 5 mgd of extracted water from the
extraction wells to the Sanitation District for treatment by the Sanitation District. The Sanitation
District, in its sole discretion, shall direct the Water District to limit or cease discharge during
wet weather events. The discharge shall comply with all applicable regulatory requirements of
the Sanitation District's source control program, including but not limited to the Local Limits on
contaminant concentrations. Before commencing discharge,the Water District shall apply for
and comply with the Sanitation District's Special Purpose Discharge Permit for the discharge.
The cost for said discharge shall be accrued per the Sanitation District's fee schedule until such
time as the Water District recovers costs from one or more financially responsible parties. The
Water District shall notify the Sanitation District when funds are recovered from financially
responsible parties. The Sanitation District shall invoice the Water District for all accrued
charges when the Water District recovers funds from one or more financially responsible parties.
27. NPDES Permit. The Water District shall maintain a valid National Pollutant
Discharge Elimination System("NPDES")permit authorizing the discharge of treated water
from the System to the receiving waters of the State of California. The Water District shall,at its
sole cost and expense,(a)defend any regulatory or citizen enforcement actions that may arise out
of alleged violations of the NPDES permit caused by operation of the System,except to the
extent such actions result from the receipt of non-Specification Influent from the Sanitation
District and(b)pay any fines or civil penalties levied as a result of any such enforcement actions
and/or any amounts tendered in settlement of such enforcement actions. To the extent such
actions result from the receipt of non-Specification Influent from the Sanitation District,the
Sanitation District shall,at its sole cost and expense, (a)defend such actions, and (b)pay any
fines or penalties levied as a result of such actions and/or any amounts tendered in settlement of
such actions.
28. Water Reclamation Permit. The Water District shall maintain a valid Water
Reclamation Permit from the California Regional Water Quality Control Board—Santa Ana
Region, authorizing the treatment and reuse of the System's water.
29. Security—Water District Responsibilities. The Water District shall (i) increase
the height of the interior perimeter wall surrounding the GWRS facilities to a consistent height of
at least eight(8) feet; (ii)post a BSIS licensed security guard at the Water District's Ward
Avenue Security Booth during normal operating hours; (iii)The security guard shall control
access to GWRS facility by checking visitors and employee identifications and checking in
vehicles entering the facilities. This include daily access control operations for employees and
visitors during normal business hours; (iv)The security guard will maintain overall security and
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protection for personnel,the Water District property and the GWRS facility;and(v)Visitors
shall present a valid, government issued photographic identification(e.g.,driver's license,
military ID card or an agency produced access badge)when checking in with the security officer
at the Ward Avenue Security Booth.
30. Stormwater Management. Sanitation District's Plant 2 property leased to the
Water District as well as the Plant I leased area for the Storage Tanks shall be regulated under
Sanitation District's NPDES Ocean Discharge Permit obligations for Stormwater, which require
that all water must be collected and treated and not allowed to discharge offsite or into a non-
Sanitation District water conveyance system. The Water District shall construct and maintain
their facilities in these areas to comply with the requirements of the Sanitation District's then
current On-Site Stormwater Management Plan. All other Plant 1 property leased to the Water
District that drains to a Municipal Separate Storm Sewer System shall be regulated under the
Water District's Industrial Permit obligations and is not regulated by Sanitation District's On-
Site Stormwater Management Plan.
31. Regulatory Reporting. The Water District shall have sole responsibility for
preparing and filing all reports in connection with the System that may be required by applicable
laws and/or regulatory agencies. The Sanitation District shall provide such information as
necessary for the preparation of such reports as may be reasonably requested by the Water
District.
32. Monthly and Annual Reports. The Water District shall submit to the Sanitation
District all monthly and annual reports prepared by the Water District summarizing the System's
operation and maintenance activities. The Water District shall also provide all other written
reports prepared by the Water District regarding System management,operation,maintenance,
asset management, and repair and long-term rehabilitation or replacement as the Sanitation
District may reasonably request from time to time.
33. Annual Budgets. The Water District shall prepare and present its annual budgets
for the System's operation and maintenance and capital expenditures at the annual GWRS
Steering Committee meeting in April.
34. Compliance with Laws. In operating, managing, maintaining and repairing the
System's facilities, the Water District shall comply with the requirements of all permits and
licenses and all applicable federal, state and local statutes,ordinances, rules and regulations
governing the operation and maintenance of the System.
a. The Sanitation District's Operations and Maintenance Obligations.
35. Delivery and Ouality of Wastewater. The Sanitation District shall offer to the
Water District, and the Water District shall have a right of first refusal for, 175 mgd of
Specification Influent from Plant I and Plant 2 at no cost to the Water District, for treatment in
the System and the Green Acres Project, as long as sufficient wastewater flow is available. The
Sanitation District shall use its best efforts to maximize the amount of Specification Influent
available for the System. The Sanitation District shall also use its best efforts to bypass lower
quality wastewater where possible to the Sanitation's District Plant 2 where a separate treatment
train is available to treat wastewater undesirable for the System. The"quality"of wastewater for
purposes of this Section 35 is based on those factors that adversely affect the performance of the
System or Green Acres Project,such as total dissolved solids, total organic carbon,N-
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12m 7sx.i
nitrosodimethylamine,turbidity, suspended solids and 1,4-Dioxane. The Parties acknowledge
that,during peak weather events(as determined by the Sanitation District in its sole discretion),
the Sanitation District may not be able to provide any Specification Influent from Plant 2 to the
Water District,as the treatment capacity at Plant 2 will be fully utilized for storm flows. The
Sanitation District shall confer with the Water District if the Sanitation District intends to make a
major change in the source of wastewater, future planning,operations or chemical use at least
thirty(30)days before such a change.
36. Costs of Specification Influent. The Sanitation District shall pay all capital,
operations and maintenance costs of providing Specification Influent to the Water District at
Plant 1 or Plant 2 pursuant to Section 35.
37. Industrial Pretreatment and Pollution Source Control Program. The Sanitation
District shall maintain a comprehensive industrial wastewater pretreatment and pollutant source
control program for controlling the discharge of wastes from point sources that could adversely
affect the System's water quality or production. The Sanitation District shall comply with all
applicable legal requirements with respect to its source water control program.
38. Accentance of Waste Streams to be Discharged to the Sanitation District. The
Sanitation District shall,at no charge to the Water District,accept all waste streams discharged
from the AWT Facilities and the Green Acres Project. The discharge shall meet all standards
specified in the Sanitation District's Wastewater Discharge Ordinance.
39. Compliance with Laws. In operating, managing,maintaining and repairing the
facilities to provide Specification Influent to the Water District, the Sanitation District shall
comply with the requirements of all permits and licenses and all applicable federal, state and
local statutes,ordinances, rules and regulations governing the operation and maintenance of such
facilities.
C. Joint Operations and Maintenance Obligations.
40. Ownership of Green Acres Proiect Reclaimed Water Facilities. The Sanitation
District shall own,operate and maintain at its own expense all wastewater treatment facilities
that lie within the boundaries of the Sanitation District's two plants,specifically excluding the
Water District's pump station at Plant I and metering facilities at the Sanitation District's Plant
2. The Water District shall own, operate and maintain at its own expense all other reclaimed
water facilities that are part of the Green Acres Project, or in the future are operated by the Water
District to produce Reclaimed Water under the Green Acres Project.
41. Costs of Addressing Newly Discovered Contaminants. The Parties acknowledge
that the AWT Facilities are designed to remove N-nitrosodimethylamine and 1,4-doxane from
Specification Influent based upon maximum allowable influent concentrations. In the event that,
in the future,any Newly Discovered Contaminants are identified in the Specification Influent
that require removal to meet System standards, the Water District and the Sanitation District will
meet and confer in good faith regarding(a)the appropriate type of source control and/or water
treatment needed to address the Newly Discovered Contaminants;(b)the appropriate sharing of
costs for the construction and operation of any necessary treatment facilities; and/or(c)the
development and implementation of additional source control strategies.
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42. Further Conditioning or Treatment of Waste Streams to be Discharged to the
Sanitation District. If the Sanitation District's outfall NPDES permit requires conditioning or
further treatment of waste streams accepted from the Water District by the Sanitation District
pursuant to Section 38 before it can be discharged to the Sanitation District's facilities,the
Parties shall meet and confer regarding(a)the appropriate type of conditioning or further
treatment,and(b)the appropriate arrangement for sharing the capital and operating costs of
conditioning or further treatment.
43. Specification Influent from the two plants. The Sanitation District and the Water
District agree to meet and confer regarding the ratio of Specification Influent from the two plants
to the AWTF for the GWRS Final Expansion.The Sanitation District's Plant 2 effluent is the
most cost efficient treatment system for the Sanitation District. However,the water quality from
the Sanitation District's Plant 2 effluent is predicted to increase operational and maintenance
costs for the Water District's AWTF system due to the higher concentrations of total dissolved
solids, turbidity, ammonia,and suspended solids. The Parties shall therefore meet to ensure a
mutually beneficial ratio of Specification Influent from the two plants,when possible, for
optimal efficiencies through both facilities.
44. Other Costs. In the event that new quality or quantity discharge requirements are
imposed by law or regulation that increase the cost to either Party to perform its obligations
under this Agreement,the Parties shall meet to determine the most effective method of
addressing such requirements. If the Parties cannot agree, any dispute will be resolved pursuant
to Section 50. The cost of addressing such requirements shall be shared equally by the Parties.
45. Security—Joint Obligations. The Sanitation District shall comply with any and
all security provisions adopted or instituted by the Water District with respect to access into and
across Water District property. Likewise, the Water District shall comply with any and all
security provisions adopted or instituted by the Sanitation District,with respect to access into
and across Sanitation District property. The Water District agrees to place a security guard at the
Water District's gate during normal operating hours;and pay for 20%of the Sanitation District's
patrol car surveillance contract that shall include patrol car surveillance of the Water District's
facilities. Also, the Sanitation District and the Water District agree to conduct ajoint security
vulnerability assessment of the joint campus every five(5)years,or sooner,based on changing
circumstances and knowledge of a threat. The main purpose of the assessment is to analyze any
security vulnerabilities and recommend cost effective security measures. This includes ensuring
that persons at the site(employees,vendors, public, etc.)are made aware of acceptable paths of
travels, emergency contact information,and general access provisions and restrictions.
46. Insurance. Each Party shall furnish and maintain the following insurance
coverage,provided that such coverage is available on commercially reasonable tents:
(a) Workers' In accordance with the
Compensation Workers' Compensation Act of the State
of California—Minimum of$1,000,000
(b)Public Liability,in $2,000,000 Combined Single
the form of either Comprehensive Limit per occurrence, with$5,000,000
12
1201758A
General Liability or Commercial aggregate for bodily injury,death and
Liability written on a per- property damage
occurrence basis
(c)Automobile $1,000,000 combined single
Liability, including non-owned and limit per occurrence
hired vehicles
(d) Casualty,to protect Replacement value
against fire, flood, earthquake and
other hazards
Each Party shall name the other Party as an additional named insured on all of the above listed
policies(other than Worker's Compensation and Casualty insurance). Each Party shall furnish
certificates of insurance showing coverage to the other Party. Where a Party, by its Board of
Directors approval,has elected to partially or fully self-insure any of the above required
coverages,it shall provide to the other Party all the relevant written policies and actions to
establish said programs.
47. Independent Contractor Status. The Parties agree that, in operating and an maintaining the System,the Water District is, d shall be, acting at all times as an independent
contractor, and all employees of the Water District are solely employees of the Water District
and not the agents or employees of the Sanitation District. The Parties further agree that, in
operating and maintaining the facilities to provide Specification Influent to the System,the
Sanitation District is, and shall be, acting at all times as an independent contractor, and all
employees of the Sanitation District are solely employees of the Sanitation District and not the
agents or employees of the Water District.
48. GWRS Steerine Committee Review of Operations. The Parties hereby continue
the Groundwater Replenishment System Steering Committee established in prior agreements.
The Steering Committee shall continue to consist of a total of six (6)directors,including three
(3)directors appointed by the Water District and three(3)directors appointed by the Sanitation
District. In addition,the Water District and the Sanitation District shall appoint three alternates
for each agency. For each Party, an alternate shall serve on the Committee in the event that a
director is absent. At its first meeting of each calendar year the members of the Steering
Committee shall elect a chair and vice-chair, one from each Party. The chair and vice-chair shall
alternate between the Parties every year. The Steering Committee shall establish the time and
date for its regular meetings, and shall hold special or adjourned meetings as it deems
appropriate. A quorum for the purpose of transacting business shall consist of two members
from each of the two boards of directors of the Parties. All actions of the Steering Committee
shall require a majority vote of the members present at a meeting. The Steering Committee shall
serve as an advisory body for the governing boards of the Water District and the Sanitation
District,and shall make any recommendations regarding System operations that it deems
appropriate. The Steering Committee shall also attempt to mediate any dispute between the
Water District staff and the Sanitation District staff as described in Section 50 of this Agreement.
V. Events of Default; Dispute Resolution.
13
1201718.1
49. Event of Default. The failure of a Party to comply with any provision of this
Agreement that has a material and adverse effect on the other Party,except to the extent caused
by a breach of this Agreement by the other Party, shall constitute an Event of Default under this
Agreement;provided, however, that the defaulting Party shall first have a period of thirty(30)
days following receipt of notice from the other Party of such failure to comply to cure such
failure,or if such care cannot be effected within such thirty(30)day period,such period shall
extend for a total of one hundred eighty(180)days, so long as the defaulting Party is diligently
trying to cure such failure throughout such period.
50. Dispute Resolution. Staffs of both Parries shall meet and use their best efforts to
settle any dispute,claim,question or disagreement("Dispute")arising from or relating to this
Agreement. To that end, staffs of both Parties shall consult and negotiate with each other in
good faith and,recognizing their mutual interests, attempt to reach a just and equitable solution
satisfactory to both Parties. If the Parties do not reach such a solution within a period of thirty
(30)days after the first meeting of the staff regarding a Dispute,then the Parties shall convene a
meeting of the Steering Committee within sixty(60)days after the first meeting of the staff
regarding a Dispute and attempt to settle the Dispute before the Steering Committee at the
meeting. If the Parties do not settle the Dispute within five(5)calendar days after the Steering
Committee meeting, either Party may pursue any and all legal and equitable remedies that may
be available.
VI. Miscellaneous.
51. Notices. All notices to the Sanitation District required or permitted under this
Agreement shall be in writing and shall be deemed delivered(i) when delivered in person,(ii)on
the third day after mailing, if mailed,postage prepaid,by registered or certified mail(return
receipt requested);(iii)on the day after mailing if sent by a nationally recognized overnight
delivery service which maintains records of the time, place,and recipient of delivery;(iv)upon
receipt of a confirmed transmission, if sent by telex,telecopy or facsimile transmission; or
(v)via electronic mail provided the sender's system is capable of creating a written record of
such notice and its receipt in each case to the parties at the following addresses or to other such
addresses as may be furnished in writing by one party to the other:
Orange County Sanitation District
10844 Ellis Street
Fountain Valley, CA 92708-7018
Telecopier: 714-962-0356
E-Mail: iherbere(aoesd.com
Attention: General Manager
With a copy to:
District General Counsel,who is presently:
Bradley R. Hogin
Woodruff, Spmdlin&Smart
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626
14
1201758.1
Telecopier: 714A I5-1006
E-Mail: bho¢inAwss-law.com
All notices to the Water District required or permitted under this Agreement shall be in
writing and shall be deemed delivered(i)when delivered in person; (ii)on the third day
after mailing, if mailed, postage prepaid,by registered or certified mail(return receipt
required); (iii)on the day after mailing if sent by a nationally recognized overnight
delivery service which maintains records of the time,place, and recipient of deliver;
(iv)upon receipt of a confirmed transmission, if sent by telex, telecopy or facsimile
transmission;or(v)via electronic mail provided the sender's system is capable of
creating a written record of such notice and its receipt in each case to the parties at the
following addresses or to other such addresses as may be furnished in writing by one
party to the other:
Orange County Water District
18700 Ward Street
Fountain Valley,CA 92708-8300
Telecopier: 714-378-3373
E-Mail: mmarkus(a)ocwd.com
Attention: General Manager
With copy to:
District General Counsel,who is presently:
Joel D. Kuperberg, Esq.
Rutan&Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa,CA 92626
Telecopier: 714-546-9035
E-Mail: ikuoerberenrntan.com
52. Term. This Agreement shall remain in force and effect for fifty(50)years from
and after the date first written above. Within thirty(30)days after the forty-fifth(45`")
anniversary of the effective date of this Agreement,the Parties shall meet to decide whether to
extend this Agreement. Any extension of this Agreement shall be done on mutually-acceptable
terms and conditions. In the event the Parties do not extend the Agreement, the Water District
shall,under the direction of the Groundwater Replenishment System Steering Committee,sell
off or liquidate those portions of the System,and all facilities and appurtenances thereto,
constructed pursuant to the 2002 Agreement. The Water District shall also remove all System
facilities constructed on the Sanitation District's property. The proceeds of selling off or
liquidating the above-described portions of the System shall be used first to repay the Water
District for all reasonable third-party costs incurred in connection with the selling and/or moving
the System facilities. The remainder,if any,shall be divided equally between the Parties.
15
[201758.1
53. Force Maieure. Neither Party shall be deemed to be in default where failure or
delay in performance of any of its obligations (other than payment obligations)under this
Agreement is caused by floods, earthquakes, other Acts of God, fires,wars,riots, or similar
hostilities,actions of legislative,judicial, executive or regulatory government bodies or other
cause,without fault and beyond the reasonable control of such Party. If any such events shall
occur,the time for performance by either Party of any of its obligations hereunder shall be
extended by the Parties for the period of time that such events prevented such performance.
Upon occurrence of an event of Force Majeure,the affected Party shall: (i)promptly notify the
other Party of such Force Majeure event,(ii)provide reasonable details relating to such Force
Majeure event, and(iii) implement mitigation measures to the extent commercially reasonable.
54. Indemnities.
54.1. The Sanitation District's Indemnity. The Sanitation District shall fully
indemnify the Water District and its respective directors,Groundwater Replenishment System
Steering Committee members,employees and agents against,and hold them completely free and
harmless from,any cost,expense,claim, demand,judgment, loss, injury and/or liability of any
kind or nature,including personal or bodily injury,death or property damage("Losses")that
may arise from(i)any grossly negligent act or omission of the Sanitation District related to
construction of the System or the construction and operation of the facilities used to provide
Specification Influent to the Water District or(ii) any claim made by a Sanitation District
employee specifically retained to provide services with respect to the facilities used to provide
Specification Influent.
54.2. The Water District's Indemnity. The Water District shall fully indemnify the
Sanitation District and its respective directors, Groundwater Replenishment System Steering
Committee members,employees and agents against,and hold them completely free and harmless
from,any Losses that may arise from(i)any grossly negligent act or omission of the Water
District related to the System's construction, management,operation, maintenance or repair,
except for costs, expenses,claims, demands,judgments, losses, injuries and/or liability arising
from any grossly negligent act or omission of the Sanitation District related to construction of the
System or(ii)any claim made by a Water District employee specifically retained to provide
services with respect to the System.
54.3. Joint Indemnity. Except as provided in Sections 54.1 and 54.2,each Party
shall indemnify the other Party and its respective directors,Groundwater Replenishment System
Steering Committee members,employees and agents against,and hold completely free and
harmless from, any Losses arising from the design and construction of facilities pursuant to this
Agreement; provided,however, that such indemnity shall be made only to the extent necessary to
allocate such Loss between the Parties in a proportion equal to the Parties' cost-sharing
obligations under this Agreement with respect to the design and construction of the facilities out
of which such Loss arose.
55. Successors and Assigns. The terms and conditions of this Agreement shall more
to the benefit of and be binding upon the parties hereto and their respective heirs,representatives,
successors and permitted assigns.
56. Further Acts and Assurances. The Parties agree to execute,acknowledge and
deliver any and all additional papers, documents and other assurances,and perform any and all
16
1201 581
acts and things reasonably necessary, in connection with the performance of the obligations
hereunder and to carry out the intent of the Parties.
57. Captions. The captions in this Agreement are inserted only as a matter of
convenience and reference and in no way define,limit or describe the scope or intent of this
Agreement,nor in any way affect this Agreement. Words of any gender in this Agreement shall
be held to include any other gender and words in the singular number shall be held to include the
plural when the sentence so requires.
58. Severability. Should it be found that any part of this Agreement is illegal or
unenforceable,such part or parts of this Agreement shall be of no force or effect and this
Agreement shall be treated as if such part or parts have not been inserted.
59. Entire Agreement. All previous negotiations had between the Parties hereto
and/or their agents or representatives with respect to this Agreement are merged herein and this
Agreement alone fully and completely expresses the Parties' rights and obligations.
60. Modifications in Writing. This Agreement shall not be modified in any manner
except by an instrument in writing executed by the Parties or their respective successors in
interest.
61. Interpretation. Each of the Parties hereby waives any provisions of law to the
effect that an ambiguity in a contract or agreement shall be interpreted against the Party that
drafted the contract, agreement or instrument.
62. Governing Law. This contract shall be governed by and construed according to
the laws of the State of California.
63. No Third-Party Beneficiaries. Nothing in this Agreement is intended to create
any third-party beneficiaries to the Agreement,and no person or entity other than the Parties,and
the permitted successors and assigns of either of them, shall be authorized to enforce the
provisions of this Agreement.
64. Assignment. Neither Party may assign its interest in this Agreement without the
prior written consent of the other Party.
65. Representations and Warranties. No representations or warranties are made or
have been relied upon by either Party other than those expressly set forth herein, if any.
17
12017581
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
day and year first written above.
ORANG SA IT ION DISTRICT
By:
C air, rd of Directors
Date: I I 1
By: _
the a
Date: I I
APPROVED AS TO FORM:
r
Brtdley R. Hogin
General Counsel
Orange County Sanitation District
ORANGE COUNTY WATER DISTRICT
By: Id
i JI
Pmsidcnp?V oTDirectors
Date: 7/
By: —�
e I anger
Date:
APP VED AS ORM:
Jocl orber
Gene 1 Counsel
Oran a County Water District
18
12017581
Exhibit A
Definitions
1. "AWT Facilities"means the advanced wastewater treatment facilities constructed by the
Parties on the Water District's and Sanitation District's property in Fountain Valley as
shown in Exhibit C.
2. "Cooperative Agreement"means the Cooperative Agreement for Project Planning for
Orange County Reclamation Project,entered into by the Parties in February of 1997.
3. "Effective Date"means the date of this Agreement.
4. "Final Expansion"means an expansion of the System as originally designed to provide
an increase in production capacity from 100 mgd to 130 mgd. As of September 2016,
the Water District's plan for the Final Expansion included construction of the following
major components: (1)facilities to increase the capacity of the System's existing
microfiltration processing; (2) facilities to increase the capacity of reverse osmosis
processing, (3)facilities to increase the ultraviolet light processing(4)additional
chemical storage and post-treatment facilities;(5)additional reverse osmosis transfer
pumps;(6)additional decarbonator and cartridge filter; and(7)additional product water
and backwash supply pumps."
5. "General Managers"means the general managers of the Water District and the
Sanitation District.
6. "Governing Boards"means the Board of Directors of the Water District and the Board
of Directors of the Sanitation District.
7. "Green Acres Project"means Reclaimed Water processed at the Water District's Green
Acres wastewater reclamation facility,or successor facilities used by the Water District.
8. "Groundwater Replenishment System"or"System"consists of four major
components: (1)AWT Facilities and pumping stations,(2)a pipeline to recharge
facilities,(3)a pipeline and the injection wells for the barrier and(4) Secondary Effluent
Flow Equalization Tanks. The AWT Facilities consist of Microfiltration (MF),reverse
osmosis(RO), Ultraviolet(UV) light disinfection, and Post Treatment using
decarbonators and lime addition.
9. `GWR Pipeline'means the pipeline constructed to convey Product Water from
Fountain Valley to the Water District's spreading basins.
10. "GWRS Water"or"Product Water"means water produced by the AWT Facilities.
11. "Initial Expansion"means an expansion of the System as originally designed to provide
an increase in production capacity from 70 mgd to 100 mgd, including demolition of
the Water District's old laboratory facility and construction of the following major
components: (1)upgrades to the System's existing screening facilities; (2) facilities to
increase the capacity of the System's existing microfiltmtion processing; (3) facilities to
increase the capacity of reverse osmosis processing, (4)facilities to increase the
19
1201758.1
ultraviolet light processing(5)additional chemical storage and post-treatment facilities;
(6)additional reverse osmosis transfer pumps;and(7)additional water and barrier
pumps as part of the off-site System facilities."
12. "Ground Water Replenishment System Steering Committee"or"GWRS Steering
Committee"or"Steering Committee"means the Ground Water Replenishment Steering
Committee previously established under the Cooperative Agreement and continued
under this Agreement.
13. "NTU" means nephelometric turbidity unit, as defined in the latest issue of Standard
Methods for the Examination of Water&Wastewater as published by the American
Public Health Association, the American Water Works Association and the Water
Environment Federation.
14. "Newly Discovered Contaminants"is defined as contaminants found in wastewater that
are or could be introduced into the Orange County Groundwater Basin through the
System,that we not identified in any of the Water District's wells above any federal or
state action level as of the effective date of this Agreement,and that either(1)are
assigned a new drinking water action level,by federal or state regulators after the
effective date of this Agreement,or(2)are newly discovered in the System's wastewater
or product water through new testing methods that only become available after the
effective date of this Agreement.
15. "Operational"is defined as the condition whereby the System has been installed and
tested,and startup activities have been completed, such that the System is ready to
process Specification Influent. Following attainment of Operational status,the System
general contractor may have ancillary and non-critical construction yet to complete(e.g.
landscaping, subsequent demolition). The System became Operational as of January 10,
2008.
16. "Peak Flows"shall mean wet weather flows received by the Sanitation District caused
by inflow and infiltration into its system nearing its hydraulic capacity which results in
the need for the Water District to accept a minimum of one hundred and four mgd of
Specification Influent for reuse or discharge to the Santa Ana River.
17. "Product Water"means water produced by the AWT Facilities.
18. "Reclaimed Water'means water meeting the Reclaimed Water Standards.
19. "Reclaimed Water Standards"means recycled water meeting the latest adopted version
of the California Code of Regulations,Title 22, Division 4,Chapter 3 entitled"Water
Recycling Criteria"as set forth in Section 60304 with respect to filter effluent.
20. 'Specification Influent"meaus secondary treated sewage that does not exceed (a)an
average of 5 NTU over a 30-day period; (b)an average of 10 NTU for a 24-hour period;
or(c)an instantaneous turbidity of 50 NTU at any time.
21. "System"means the Groundwater Replenishment System.
20
aon5s.i
22. "System Effluent Standards"means the treatment standards to permit Product Water to
be discharged into Santa Ana River as set forth in the NPDES Permit for the System.
21
1201758 1
Exhibit B
Final Expansion Projects on Sanitation District Property
In order to produce 130 mgd of purified water for the GWRS Final Expansion
project,OCWD will require up to 175 mgd of secondary effluent from OCSD. Currently, OCSD
provides up to 135 mgd of secondary effluent to OCW D, all of it from Plant 1. The balance of
secondary effluent needed for the AWTF Final Expansion will come from Plant 2. Five major
construction projects on OCSD property will be necessary to make this possible:
1. Plant 2 Headworks Modifications Project
Currently, OCSD Plant 2 receives domestic wastewater from the coastal and central
Orange County trunk lines. In addition to the domestic wastewater, Plant 2 also receives flows
from the Inland Empire Brine Line. The Inland Empire Brine Line, which is also known as the
Santa Ana Regional Interceptor(SARI) pipeline, accepts brine wastes from utilities and
industries in the Santa Ana Watershed.This water contains brine,concentrated waste streams,
and effluent from the Stringfellow site in Riverside County and is currently not allowed to be
used as source water for recycling through the AWTF by the Division of Drinking Water permit
to operate GWRS.
This project will modify the existing OCSD Plant 2 Headworks to dedicate the south
half of the Headworks to reclaimable flows and the north half to SARI and sidestream flows.
Each half of the Headworks will be isolated from each other by the installation of automated
isolation gates at key locations. A new 66-inch pipeline and flow meter vault will be constructed
to bypass the SARI and sidestream flows around the existing metering vault and screen influent
channel to a location upstream of the existing bar screens.
2. Plant Water Pump Station Replacement
The Plant Water Pump Station Replacement, which is part of the Ocean Outfall
System Rehabilitation Project J-117, will relocate the existing Plant Water Pump Station, which
takes its source water from the Activated Sludge treatment process and 144"SE pipe. After the
Final Expansion of the GWRS, the Activated Sludge (AS)treatment process will be dedicated to
the treatment of SARI and sidestream flows. Also, the 144"SE pipe will mainly contain brine
from the GWRS reverse osmosis process. Therefore, the existing Plant Water Pump Station will
be relocated to a location more suitable for receiving secondary effluent from the Trickling
Filter-Solids Contact(TF-SC)treatment process, which will be used to treat domestic
wastewater.
3. Plant 2 Effluent Pump Station Project
This project will construct the Plant 2 Effluent Pump Station to send approximately
50 - 85 MGD of secondary effluent from OCSD Plant 2 TF-SE process to the GWRS facility.
The preliminary pump station layout is estimated to be approximately 47-feet by 100-
feet with a three duty and one standby pump configuration.The four(4) pumps will be 500 HP
vertical turbine pumps. The Plant 2 Effluent Pump Station will take secondary effluent from the
120-inch TF-SE pipeline and boost this flow into a new conveyance pipeline to GWRS.
22
120175H 1
4. Plant 2 Flow Equalization Project
A 6 MG above-grade flow equalization tank will be constructed to equalize secondary
effluent being pumped from Plant 2 to Plant 1. hi addition,two sets of flow regulating stations
will be constructed to divert secondary effluent from the Plant 2 to GWRS pipeline. The other
station will be used to discharge water from the EQ tank back into the existing buried secondary
effluent system.
5. 66 Interplant Pipe Rehabilitation Project
OCSD owns an existing unused 66-inch gravity reinforced concrete pipeline(RCP)
that connects Plant 2 to Plant 1. This pipeline was constructed prior to 1965 and is no longer in
service.The pipeline alignment is approximately 3.6 miles from Plant 2 to Plant 1. OCSD has
surveyed the interior of this pipeline and determined that the pipeline is no longer usable with
exposed rebar and deteriorating manholes.
For the conveyance of secondary effluent from Plant 2 to the GWRS facility, OCSD
will allow OC W D to use the 66-inch existing pipeline and construction easement. In order to
convert this aging gravity RCP into a pressure pipeline to convey the effluent pump station
discharge, it will be rehabilitated with a trenchless pipe repair method. The new pipeline will be
connected on the south to the Plant 2 Effluent Pump Station and to the north to the existing 90-
inch OCSD Secondary Effluent Junction Box No. 6(SEJB6) influent pipeline located at Plant 1.
23
120175%.I
g as_
:
GAP BWW2 -!j67"M—BWW - _ —
96' MFF-- n
F
OCWD , ! f-
F AWTF , I is
/ OCSD
42"ROC O
-� L 96"MFF
r
_ 1
n U SEFE Tanks GWRS_.and Pump Screening --
Station 5 Facility -- -
Exhibit C3
;i:iX, ` x "� ' Green Acres
Pump Station
Exhibit C2
HlNKllBllll!!lFFIV � � � � 1 ;
_SEFE FIII(Draln� ��
1-
LpMd Sir SAR
78"FPWf—
mOCWD Boundary
C_-jocso Boundary
OCWD Facilities -
Land Leased from
OCSD
Exhibit C—Lease of Property— Plant 1
24
I u1,5X.1
OCWD
Trickling
Fiber
Meter
Vann
S =
Electrical Building � a a
I
I
I
I
I v 96
— _ 5emndarr,
3 OCWD _ OCSD
GWRS Screening Facility SEB3
I
I
I
I
I
I
I
i r �
I
� _ 6'ela Ater
L
Legend
O WD
OCWD Facility Flow
Meter
OCWD Piping Vault
— — — Abandoned Piping
Exhibit Cl
Water District Facilities on Sanitation District Property
GWRS Screening Facility
25
1201758.1
C
Y C
W
C Y
0 S
C
yu O
N d
N
6" Plant Water
0 n 66"Secondary Effluent
c c % ?�
Y Y
6 E, A
m d Z
SEM
a ..
Ili ; O O 9
s
OCWD Green
SEJB7 a Acres Project
Pump Station*
Legend
OCWD Facility
OCWD Piping
•OCSD maintains all reclaimed water pipe
within the Plant No. 1 boundary.
Exhibit C2
Water District Facilities on Sanitation District Property
Green Acres Project Pump Station
26
1201]SNJ
Exhibit D
Leased Property Description
ORANGE COUNTY SANITATION DISTRICT
THAT PORTION OF PARCEL 2 IN THE CITY OF FOUNTAIN VALLEY, COUNTY OF
ORANGE, STATE OF CALIFORNIA. AS DESCRIBED IN THE FINAL ORDER OF
CONDEMNATION TO ORANGE COUNTY SANITATION DISTRICT NO. I RECORDPD
FEBRUARY 23, 1967 IN BOOK$133,PAGE 28,OF OFFICIAL RECORDS, IN THE OFFICE
OF TITS COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF PARCEL 4
AS DESCRIBED IN THE FINAL JUDGMENT IN CONDEMNATION TO COUNTY
SANITATION DISTRICT NO- I RECORDED FEBRUARY 7, 1961 IN BOOK $622. PAGE
146, OP OFFICIAL RECORDS. IN TILE OFFICE OF SAID COUNTY RECORDER, MORE:
PARTICULARLY DESCRIBED AS FOLLOWS-
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2 ALSO BEING THE
NORTHWEST CORNER OF SAID PARCEL 4; THENCE SOUTH 89'34'21" EAST 50.00
FEET ALONG THE NORTH LINE OF SAID PARCEL 4; THENCE SOUTH 0006*14" WEST
432.04 FF.F.T; THENCE WEST 670.51 PP.F.T TO A POINT, SAID POINT BEING ON THE
EAST LINE OF TILE EASEMENT TO THE CITY OF FOUNTAIN VALLEY, L5.00 FEET IN
WIDTH, RECORDED IN 1ULY 30, 1994 AS INSTRUMENT NO. 84-313034, OF OFFICIAL
RECORDS, TN THE OFFICE OF SAID COUNTY RECORDER. SAID EAST LINE BEING
PARALLEL WITH AND 40.00 FEET EAST OF THE CENTERLINE OF WARD STREET;
THENCE NORTH W06'27" EAST 437.04 FEET ALONG THE EAST LINE OF SAID
EASEMENT TO A POINT, SAID POINT BEING ON THE NORTH LINE OF SAID PARCEL
2; THENCE SOUTH 89'34'21" EAST 620.49 FEET ALONG THE NORTH LINE OF SAID
PARCEL 2 TO THE POINT OF BEGINNING.
TILE AREA OF THE ABOVE DESCRIBED PARCEL IS 6.69 ACRES,MORE OR LESS.
ALL AS SHOWN ON EXHIBIT'B' ATTACHED HERETO AND MADE A PART HEREOF.
LAND 3
wP`0 A
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27
11017581
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12017581
EXHIBIT D2
ORANGE COUNTY SANITATION DISTRICT
THOSE PORTIONS OF PARCEL 1 AND PARCEL 2 IN THE CITY OF FOUNTAIN
VALLEY, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE
FINAL ORDER OF CONDEMNATION TO ORANGE COUNTY SANITATION DISTRICT
NO. 1 RECORDED FEBRUARY 23, 1967 IN BOOK 8183, PAGE 28, OF OFFICIAL
RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
TOGETHER WITH THOSE PORTIONS OF PARCEL 4 AND PARCEL 5 AS DESCRIBED
IN THE FINAL JUDGEMENT IN CONDEMNATION TO COUNTY SANITATION
DISTRICT NO, I RECORDED FEBRUARY 7, 1961 IN BOOK 5622, PAGE 146, OF
OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 2 ALSO BEING THE
NORTHWEST CORNER OF SAID PARCEL 4; THENCE SOUTH 89034'28" EAST 50.00
FEET ALONG THE NORTH LINE OF SAID PARCEL 4; THENCE SOUTH 0006'07" WEST
432.04 FEET; THENCE SOUTH 89059'53" WEST 5.10 FEET TO A POINT, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 0029'00" WEST 541.62
FEET TO A POINT AT THE BEGINNING OF A TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 50,00 FEET; THENCE SOUTHWESTERLY
78.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89039'00";
THENCE NORTH 89052'00" WEST 73.50 FEET; THENCE NORTH 0014'00" WEST 85.50
FEET; THENCE SOUTH 89043'00" WEST 179.20 FEET;THENCE NORTH 61045'00" WEST
31.50 FEET; THENCE NORTH 491.47 FEET; THENCE NORTH 89059'53" EAST 335.48
FEET TO THE TRUE POINT OF BEGINNING.
THE AREA OF THE ABOVE DESCRIBED PARCEL IS 4.10 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT D2 ATTACHED HERETO AND MADE A PART HEREOF.
NO S�9
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Dp.1201110 s
* Na 7062
1p �P
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29
EXHIBIT D2
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
ORANGE COUNTY SANITATION DISTRICT
W
PARCEL 9 �
o I FINAL ORDER OF CO NDEMNA710M
40 O.R.85214148 POINT OF BEGINNING
NE CORNER, PCL 2
I O.R. 8183/28
— - ORANGE C®U NTV WA14IEFR D1131 C4 — -
I 58934'28'E
N89'34'28''N - - - 620.49' 50.00'
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N89'S9'S3'E 670.51'
489'59'53'E 335.48' S89'5 9'053"W
TRUE POINT OF
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N61'45'00'W
31.50' S8943'00IN
179.20'
EO IANO st, NO'14'00'1V A=8939'00"
R=50.00'
* Exp. W31116 * N873.50' "W
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SCALE: 1' = 100' L
® AREA = 4.10t ACRES
11-03-16 AWTF2.DWG SHEET 1 OF 1
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y � k Tank Project c
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OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
io o4w —
AGENDA REPORT IWm Number Item Number
o —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Robert P. Ghirelli, Assistant General Manager
SUBJECT: STRATEGIC PLAN UPDATE
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
In November 2013, the Orange County Sanitation District (Sanitation District) Board of
Directors adopted the 2014-2019 Five-Year Strategic Plan. Each year, staff undertakes
a review and update of the Strategic Plan to make any necessary changes. In April, staff
began the 2017 update process.
In April, the firm of BHI Management Consulting (consultant) was retained to conduct a
series of one-on-one confidential interviews with interested board members. In July, the
consultant led a Strategic Planning Workshop for employees and participated in the
Executive Management Team's annual planning meeting in August. Information gathered
during these meetings was used to prepare this Strategic Plan Update.
RELEVANT STANDARDS
Strategic Plan
PRIOR COMMITTEE/BOARD ACTIONS
November 2013 - Adopted the 2014-2019 Five-Year Strategic Plan.
ADDITIONAL INFORMATION
Based on the outcome of the Strategic Plan Update Interviews and Employee Workshop,
several minor modifications were made to the Levels of Service and seven of the eight
strategic goals are deemed complete:
Completed Strategic Goals:
• Disinfection of Ocean Discharge—develop an implementation plan associated with
cessation of disinfection of the ocean discharge.
• Legislative Advocacy and Public Outreach—Develop a unified legislative advocacy
and public outreach program.
Page 1 of 2
• Odor Control — Completion of the Odor Control Master Plan.
• Future Biosolids Management Options — Study biosolids management options,
including third-party contracts and onsite capital facilities.
• Energy Efficiency — Research new energy efficiency and energy conversion
technologies.
• Local Sewer Transfers—Complete the transfer of 174 miles of local sewers serving
parts of Tustin and unincorporated areas north of Tustin and local sewer transfers
in the City of Santa Ana.
• Future Water Recycling—Determine partnerships, needs, strategies, benefits, and
costs associated with recycling of Plant No. 2 effluent water.
The eighth goal, Workforce Planning and Workforce Development, is continuing into the
final year of the 5-year strategic plan. As part of our comprehensive workforce planning
and development efforts, the General Manager's 2017-2018 work plan calls for a staffing
study that identifies required staffing levels and opportunities to improve organizational
efficiency and effectiveness.
Staff is proposing to make changes to some of the Levels of Service contained in the
Strategic Plan. These changes are highlighted in the attached red-line version of the
strategic plan. The changes are intended to clarify the meaning of a service level, delete
outdated service levels, and eliminate irrelevant service levels.
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)are included in hard copy and may also be viewed on-line at the OCSD website
(www.ocsd.com) with the complete agenda package:
• Redline Version of Draft Strategic Plan Document (provided in hard copy as
separate document)
Page 2 of 2
UPDATEDRAFr
December 2017
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ORANGE COUNTY SANITATION DISTRICT
ORANGE COUNTY SANITATION DISTRICT
five-year strategic plan
DECEMBER 2017
ANI A
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table of contents ■
OCSD Board of Directors...........................................................................................ii
Message from the General Manager..........................................................................iu
ExecutiveSummary.......................................................................................................1
tegic Planning Framework.............................................................................2
Statement.........................................................................................................3
Is�on tatement............................................................................................................4
CoreValues.....................................................................................................................5
RiskRegister....................................................................................................................6
Strategic Goals and Levels of Service.........................................................................7
ORANGE COUNTY SANITATION DISTRICT-S YEAR STRATEGIC PLAN(DECEMBER 2017)
board of directors
The strategic planning effort starts with the Board of Directors setting overall policy and priorities for the
Sanitation District.Based on that policy direction,staff develops the annual operational plan and budget.
Anaheim La Palma
Denise Barnes Peter Kim
Brea Los Alamitos
Glenn Parker Richard Murphy
Buena Park Member of the Board of Supervisors
Fred Smith Michelle Steel
Costa Mesa Sanitary District Midway City Sanitary District
James M. Ferryman Al Kfippner
Cypress Newport Beach
Mariellen Yatc Scott Peotter
Fountain Valley Orange
Steve Nagel Teresa Smith
Fullerton Placentia
Greg Seboum Chad Wanke
(Board Chair) Santa Ana
Garden Grove Sal Tinajem
Steve Jones Seal Beach
Huntington Beach Ellery Deaton
Barbara Delgleize Stanton
Irvine David Shawver
Donald P.Wagner Tustin
Allan Bernstein
Irvine Ranch Water District
John Withers Villa Park
La Habra Robert Collacott
Tun Shaw Yorba Linda Water District
Phil Hawkins
ORANGECOUNTY SANITATION DISTRICT-5Y 45iRAiE11110P (DECEMBER 20171
message from the general manager
tmd
ember 2013 the Orange County Sanitation District(OCSD)
d a 5-Year Strategic Plan that envisioned an organizational
that adheres to our core values and makes efficient and
e use of all available resources.The Strategic Plan centered
forts on customer service, fiscal responsibility, protecting
health and the environment, communication, partnering
thers and creating the best possible workforce. We
tied to the execution of that plan and implementation of the
als necessary to achieve success.
Protecting publironment are critical to our mission, and I am pleased to
report that our ocean monitoring program reflects that our ocean is healthy around OCSD's
ocean outfall.We also continue to be fiscally strong.This year OCSD received AAA bond ratings
and we have reduced our long term pension liabilities,which in rum enabled us to reduce planned
rate increases by 35 percent over the next three years.
Four years into the five year Strategic Plan, I am pleased to report that we have completed seven
of the original strategic goals and made strides towards accomplishing the final goal.In this update
year,we held Board member interviews,an employee workshop,and updated our Risk Register.
We remain committed to sustaining and improving our performance and meeting all of the
established strategic goals.
Under the direction of the Board of Directors,I am honored to be leading this effort and I look
forward to working together to accomplish our goals in the years ahead and contin our
successes. Ir
The accomplishments laid out in this Strategic Plan update would not be possible without the
collective dedication and effort of our workforce and the commitment a�d support of our Board
of Directors and The public we serve.
Respectfully submitted,
12 &
James D. Herberg,General Manager
ORANGECOUNTY SANITATION DISTRICT—SPEAR STRATEGIC PLAN(DECEMBER 2017)
executive summary
The 2014—2019 5 year Strategic Plan is a guiding document that provides a framework that directs our
work. Each year,the Strategic Plan will be reassessed,updated, and submitted for approval by the Board
of Directors.
This year's Strategic Plan Update began with consultant retained by OCSD conducting confidential Board
Interviews with interested Board members to identify issues of concerns. Next, the consultant led a
Strategic Planning Workshop for employees and attended the Executive Management Team's annual
retreat to provide feedback from the Board members and employees.
will. e Update concluded with t five Strategic
Goals being identified as completed, no new goals being adopted, and a few minor modifications being
made to OCSD's levels of service.
Comp/eted Strategic Goa/a
Disinfection of Ocean Discharge—Develop an implementation plan including the technical,financial,
and societal factors associated with cessation of disinfection of the ocean disc
Legislative Advocacy and Public Outreach—Develop a unified legislative adv7includmig
outreach program.
Odor Control—Completion of the Odor Control Master Plan.
Future Biosolids Management Options—Study biosolids management optionspartycontracts and onsite capital facilities.
Energy Efficiency—Continue to research new energy efficiency and energy conversonecnologies.
Local Sewer Transfers — Complete the transfer of 174 miles of local sewers serving parts of Tustin and
unincorporated areas north of Tustin and local sewer transfers in the City of Santa Ana.
Future Water Recycling — Determine partnerships, needs, strategies, benefits, and costs associated with
recycling of Plant No.2 effluent water.
$hategiC Goals is Progress.
1. Workforce Planning and Workforce Development—This initiative is ongoing and part of a comprehensive
workforce planning and development effort to ensure we have the right people with the right skills and
abilities,in the right place,at the right time.
ORANGE CWNTY SANITATION DISTRICT-SYSM SYMTMIC PLAN(DECEMBER 2017)
strategic planning framework
The planning framework illustrated below shows how OCSD staff and the Board of Directors play a critical
role in strategic planning and resource allocation.
Monitoring Strategic New or Altered
and Evaluation Planning evels of
Board strategic (:9)
Approval of
Budget planning
process
Budget ,o Goals and
Operational \objectives
Planning
_3
L
ORANGECOUNTY SANITATION DISTRICT-SPEAR STRATEGIC PLAN(DECEMBER 2017)
our mission
The Nlission Statement is the basic fo,andation that defines wlay we exist.
"To protect pub/ic hea/th
and the environment by
providing effective
wastewater co/%ction,
treatment, and
recyc/ing"
p3
vision statement
The Vision Statement supports the Mission Statement by expressing a broad philosophy of what the
Orange County Sanitation District strives to achieve in the delivery of services tour customers,vendors,
other agencies,the general public,and each other.
ORANGE COUNTY SANITATION DISTRICT
WILL BE A LEADER IN:
• Providing reliable, responsive, and
affordable services in line with
customer needs and expectations.
• Protecting public health and the
environment utilizing all practical
and effective means for wastewater,
energy and solids resource recovery.
• Continually seeking efficiencies to
ensure that the public's money is
wisely spent.
• Communicating our mission and
strategies with those we serve and
all other stakeholders.
• Partnering with others to benefit our
customers, this region, and our
industry.
• Creating the best possible workforce
in terms of safety, productivity,
customer service, and training.
ORANGECOUNTY SANITATION DISTRICT-6 YEAR STRATEGIC PLAN I DECEMBER 20171
philosophycore values
The Core Values support the NEssion and Vision Statements by expressing die values,beliefs,and
that guide our daily actions.7bey help form the framework of our organization and reinforce our
professional work ethic.
We aspire to the highest degree of integrity,honesty,trust,
and respect in our interaction with each other,our suppliers,
our customers,and our community.
We strive to reach OCSD goals through cooperative efforts
and collaboration with each other and our cons6tuenues.
We work to solve problems in a aeadve,cost-effective and
safe manner,and we acknowledge team and individual efforts.
We lead by example,acknowledging the value of our
resources and using them wisely and safely to achieve
our objectives and goals.We axe committed to act
in the best interest of our employees,our organi>ation,
and our community.
We continuously develop ourselves,enhancing our talents,
skills,and abilities,knowing that only through personal
growth and development will we continue
to progress as an agency and as individuals.
We seek to recognize,acknowledge,and xewazd
contributions to OCSD by our many talented employees.
p5
risk register 2017
The Risk Register is a periodic compilation of the various risks facing the Orange County Sanitation District,
as seen and determined by our management team. As the world dealt with a variety of critical events last year
(a number of terrorist incidents in Europe,high rainfalls in Southern California,a massive sewage leak offshore
from Los eles, an extensive natural gas leak north of Los Angeles), OCSD management identified risks
directly r to our infrastructure and ongoing services.Management agreed that our biggest risks Are cyber
terrorist er attacks,earthquakes with their associated impacts,and threats to maintenance of assets.
The 201 Isk Register Update Identified these as the top risks:
• Earthquake and liquefaction impact facilities and operations—Southern California is prone to
earthquakes, and some areas of Orange County may include areas subject to liquefaction.
• Poor maintenance of assets leads to safety and reliability issues—Concerns about sufficient
staffing of Maintenance personnel might lead to threats with regards to the assets.
• Cyber or hacker attack on OCSD—Cyber-attacks can potentially prevent servers and regular
work from continuing normally—OCSD operations now depend on continued computer and
server function,which could be at risk from cyber-attacks.
The major continuity challenges Include:
• Lack of business continuity exercises leads to unpreparedness—OCSD conducts
emergency preparedness exercises, but alight need to do more in regard to business continuity.
Engineering staff are putting new engineering measures into effect to reduce the chance of damage
to buildings from earthquakes, while Risk Management has purchased earthquake insurance
on additional key structures. The Operations department is adding staff to the Maintenance
function. Regarding cyber-attacks, OCSD's Information Technology a'l) Division has added
personnel who specialize in IT security. Risk Management will be asking the Board to approve
a contract with a business continuity consultant to move forward an integrated business continuity
effort for all OCSD divisions including IT.
ORANGE COJNTV SANITATION DGTRICT—SVEMWUMIeIC PLAN(DECEMBER 2017)
strategic goals and levels of service
OCSD has six outstanding strategic goals to support the vision of the Board of Directors and Executive
Management Team. The levels of service are key performance indicators in achieving the overall vision.
ProvldingExceptlonal Customer SeMoe
• Providing reliable,responsive,and affordable services in line with customer needs and expectations.
1. Control-Completion of the Odor Control Master Plan to make sure the District's investment is
current and,if needed,future process systems to produce the benefits intended.
Target for completion in FY 15-16.
Providing Exceptional Customer Service
Odor complaint call response: Treatment plants within 1 hour. 100%
Odor complaint call response: Collection system within 1 working day. 100%
Number of odor events: (Under normal operating conditions) 0
• Reclamation Plant No. 1 0
• Treatment Plant No. 2 12
• Collection System
Respond to public complaints or inquiries regarding construction projects within 1 100%
day.
guh RnJ
Respond to all biosolids contractor violations within a week of violation notice. 100%
Proteah7gPahlk Health and the Environment
• Protecting public health and the environment utilizing all practical and effective means for wastewater,
energy,and solids resource recovery.
2. Future Biosolids Management Options - Study biosolids management opt s including third-patty
contracts and onsite capital facilities for mid-term and long-term approaches 2016-2017.
Tagetfor romble#on in FY 15-16.
3. Energy Efficiency-The District will research new energy efficiency and energy conversion
technologies to maximize energy of 6ency,reduce operating costs,minimize environmental impact,
and replace assets that are at the end of their useful lives. Targetfor completion in FY 17-18.
OCSD owns and operates$6.2 billion in Infia$Vudum a5 eM.Through these assets OCSD collects,veers,andeidler reuses orsa(ely discharges 210
milliongallonspardayofwa m.ter.
ORANGECOUNTY SANITATION DISTRICT—STEAR 11111ATEa1C PLAN IDECEMBER 2017)
strategic goals and levels of service
Protecting Public Health& The Environme Level of
Service Target
Accept dry weather runoff diversion flows without imposing fees. Up to 10 mgd
Air emissions health risk to community and employees, per one million people < SO
(for each plant).
Notices of violation (NOV) with air, land, and water permits. 0
Respond to collection system spills within 1 hour. 100%
Sanitary sewer spills per 100 miles. <2.1
Contain sanitary sewer spills within 5 hours. 100%
BOO
Meet secondary treatment standards. TSS 25 mg/L
SS 30 mg/L
Thirty-day geometric mean of coliform bacteria in effluent after initial dilution of <1000
250:1 (MPN).
Frequency of unplanned use of emergency one-mile outfall (per year during dry 0
weather).
Compliance with Core Industrial pretreatment requirements. 100%
Msnsgfng&ndProtectfngthe Public's Funds
• Continually seeking efficiencies to ensure that the public's money is wisely spent.
4. Local Sewer Transfers-Complete transfer of 174 miles of local sewers serving parts of Tustin and
unincorporated areas north of Tustin and local sewer transfers in the City of Santa Ana to be
concluded by December 31,2013.Following those,no further local sewers to be transferred at the
initiation of CCSD.If a local jurisdiction is interested in CICSD transferring sewers,each request
will be considered on an individual basis assuming the sewers meet the requirements identified.
Tmget/orsomplehon in FY 13-14.
Managing and Protecting Public Funds evel of
Service Target
Annual user fees sufficient to cover all O&M requirements. 100%
Actual collection,treatment, and disposal costs per million gallons. <within 30%of budget
Maintain AAA Bond Rating. Maintain
ORANGE CGJNTV SANITATION DGTRICT-SVEM 57MTnIC PWI(DECEMBER 2017)
strategic goals and levels of service
Stakeholder UndeimWad/ngand Sappoit
• Communicating our mission and strategies with those we serve and all other stakeholders.
• Parmering with others to benefit our customers,this region,and our industry.
5. Future Water Recycling Options-Determine partnerships,needs,strategies,benefits,and costs
associated with recycling of Plant No. 2 effluent water. Target forcornpk6on in FY 18-19.
Stakeholder Understanding and Support Level of
Service Target
Meet GWRS specification requirements for Plant No. 1 secondary effluent. 5 NTU
Provide specification effluent available to the Groundwater Replenishment 100%
System to maximize production of purified water.
0rgan1Z9WW01Ef VdVenesa
• Creating the best possible workforce in terms of safety,productivity,customer service,and training.
6. Workforce Planning and Workforce Development-This initiative is ongoing and pan of a
comprehensive workforce planning and development effort to ensure we have the tight people with
the right skills and abilities,in the right place,at the right time. Target for completion, ongoing.
Organizational Effectiveness
Employee injury incident rate—per 100 employees.
Industry
Average
Meet mandatory OSHA training requirements. >95%
Achieve annual agency target of days away from work, days of restricted work <2 5
activity, or job transferred as a result of a work-related injury or illness.
Training hours per employee. 45 per year
ORANGECOUNTY SANITATION DISTRICT-5Y RSTRATEGIC PUN DECEMBER 2017)
.a y
Reclamation Plant No.1 (Administration Offices)
10844 Ellis Avenue • Fountain Valley,California 92708 714.962.2411
Treatment Plant No.2
22212 Brookhurst Street • Huntington Beach,California 92646
w .ocsewers.wm
a, N
mxwwo„
OPERATIONS COMMITTEE Meeting Date To ad.of Dir.
10
/0
4/1
7 --
AGENDA REPORT em Number tem Number
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Director of Finance and Administrative Services
SUBJECT: ORANGE COUNTY SANITATION DISTRICT PROCUREMENT PROCESS
GENERAL MANAGER'S RECOMMENDATION
Information Only.
BACKGROUND
Each month, staff provides an informational presentation on topics of interest to the Board
of Directors. This month's topic: Orange County Sanitation District's Procurement
Process, Bids vs. RFPs, Sole Source Contracts vs. Competitive Contracts, and other
related topics.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• Protection of Orange County Sanitation District assets
• Ensure the public's money is wisely spent
• Consider life-cycle costs in all decisions
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
N/A
Page 1 of 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
W ERF Water Environment & Reuse Foundation
WIFIA Water Infrastructure Finance and Innovation Act
WIIN 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 (DIT) — 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.