HomeMy WebLinkAbout12-02-2015 Operations Committee Agenda Packet Orange County Sanitation District Wednesday, December 2, 2015
Regular Meeting of the 5:00 P.M.
OPERATIONS COMMITTEE Administration Administration Building
Board Room
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA
PLEDGE OF ALLEGIANCE:
DECLARATION OF QUORUM: Clerk of the Board
PUBLIC COMMENTS: If you wish to address the Board of Directors 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 to be 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 Any items withdrawn from the Consent Calendar for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 November 4, 2015, Operations
Committee Meeting.
2. GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B, PROJECT NO. 7-37
(Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors:
A. Approve a Professional Construction Services Agreement with Tetra Tech,
Inc., for providing construction support services for Gisler-Redhill System
Improvements, Reach B, Project No. 7-37, in an amount not to exceed
$270,000; and
B. Approve a contingency of$27,000 (10%).
12/02/15 Operations Committee Agenda Page 1 of 4
3. 15th STREET, ROCKY POINT PUMP STATION (RPPS) AND BITTER POINT
PUMP STATION (BPPS) FALL PROTECTION IMPROVEMENTS, PROJECT NO.
FE12-05 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors: Approve a
construction contingency increase of$24,638 (15%)to the construction contract with
Jamison Engineering Contractors, Inc., for 15th St., RPPS and BPPS Fall Protection
Improvements, Project No. FE12-05, fora total contingency of$41,063 (25%).
4. JANITORIAL & FLOOR MAINTENANCE SERVICES CONTRACT (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors:
A. Approve a Service Agreement with Gamboa Services, Inc., DBA Corporate
Image Maintenance, the lowest responsive and responsible bidder, for
Janitorial & Floor Maintenance Service at Plants 1 & 2, Specification No. S-
2015-7301313, for the period February 1, 2016 through January, 2017 for an
amount not to exceed $345,700 with four (4), one-year renewal options; and
B. Approve an annual contingency of$34,570.00 (10%) aggregately per year.
5. DIGESTER CLEANING AND DISPOSAL CONTRACT (Ed Torres)
RECOMMENDATION: Recommend to the Board of Directors:
A. Approve a Service Agreement with Synagro-W WT, the lowest responsive and
responsible bidder, for Digester Cleaning and Disposal, Specification
No. S-2015-71913D,forthe period February 1, 2016 through January 31, 2017
for an amount not to exceed $1,160,000, with four one-year renewal options;
and
B. Approve an annual contingency of$116,000 (10%) aggregately per year.
6. 2015 AUDIT REPORT OF OCSD'S SANITARY SEWER SYSTEM MANAGEMENT
PLAN (Nick Arhontes)
RECOMMENDATION: Recommend to the Board of Directors: Receive and file the
2015 Waste Discharge Requirements (WDR) for Sanitary Sewer System
Management Plan Audit Report dated July 31, 2015.
12/02/15 Operations Committee Agenda Page 2 of 4
7. REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF SEWER,
SPECIFICATION FR12-003 - CHANGE ORDER RATIFICATION (Nick Arhontes)
RECOMMENDATION: Recommend to the Board of Directors: Ratify Change Order
No. 3 to the Repair to Manhole Structures of Warner Avenue Relief Sewer,
Specification No. FR12-003, with Mode Engineering, authorizing an additional
$54,884 increasing the total contract amount to $846,357.
NON-CONSENT CALENDAR:
8. BIOSOLIDS MASTER PLAN, PROJECT PS15-01 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors:
A. Approve a Professional Services Agreement with Black & Veatch to provide
professional services for Biosolids Master Plan, Project No. PS15-01, for an
amount not to exceed $2,965,556; and,
B. Approve a contingency of$296,556 (10%).
9. DOVER DRIVE TRUNK SEWER RELIEF, PROJECT NO. 5-63 (Rob Thompson)
RECOMMENDATION: Recommend to the Board of Directors:
Approve a contingency increase of $596,000 (9.63%) to the construction contract
with Mike Bubalo Construction Co., Inc. for the Dover Drive Trunk Sewer Relief,
Project No. 5- 63, for a total contingency of$2,452,700 (39.63%).
INFORMATION ITEMS:
10. COMMUNITY OUTREACH (Bob Ghirelli)
DEPARTMENT HEAD REPORTS:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS
IF ANY:
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, January 6, 2016, at
5:00 p.m.
12/02/15 Operations Committee Agenda Page 3 of 4
Accommodations for the Disabled: Meeting Rooms are wheelchair accessible. If you require any special disability
related accommodations, please contact the Orange County Sanitation District Clerk of the Board's office at
(714) 593-7433 at least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability
and the type of accommodation requested.
Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2,this agenda
has been posted outside the main gate of the Sanitation District's Administration Building located at 10844 Ellis Avenue,
Fountain Valley,Cal'domis,not less than 72 hours prior to the meeting date and Ume above. All public records relating
to each agenda item,including any public records distributed less than 72 hours prior to the meeting to all,or a 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 iherbem(a)ocsd.com
Assistant General Manager Bob Ghirelli (714)593-7400 rahirelli(&ocsd.com
Director of Engineering Rob Thompson (714)593-7310 rthompson(rilocsd.com
Director of Facilities Support Services Nick Amontes (714)593-7210 narhontes(g ocsd.com
Director of Operations&Maintenance Ed Torres 714 593-7080 etorres ocsd.com
12/02/15 Operations Committee Agenda Page 4 of 4
ITEM NO. 1
MINUTES OF THE
OPERATIONS COMMITTEE
Orange County Sanitation District
Wednesday, November 4, 2015, 5:00 p.m.
A regular meeting of the Operations Committee was called to order by Committee
Chair Withers on Wednesday, November 4, 2015, at 5:02 p.m. in the Administration
Building of the Orange County Sanitation District.
Director Smith led the Flag Salute.
A quorum was declared present, as follows:
COMMITTEE MEMBERS PRESENT: STAFF PRESENT:
John Withers, Chair Jim Herberg, General Manager
David Shawver, Vice-Chair Nick Arhontes, Director of Facility Support Services
Lisa Bartlett Celia Chandler, Director of Human Resources
Tom Beamish Rob Thompson, Director of Engineering
Ellery Deaton Ed Torres, Director of Operations & Maintenance
Steve Jones Lorenzo Tyner, Director of Finance &
Robert Kiley Administrative Services
Richard Murphy Kelly Lore, Clerk of the Board
Steve Nagel Jennifer Cabral
Fred Smith Mark Esquer
Chad Wanks Dean Fisher
Mariellen Yarc Norbert Gala
John Nielsen, Board Chair Alfredo Garcia
Greg Sebourn, Board Vice-Chair Kathy Millea
Jeff Mohr
COMMITTEE MEMBERS ABSENT:
None.
OTHERS PRESENT:
Brad Hogin, General Counsel
Kendra Chandrey, Deputy General Counsel
Michael Beverage, Alternate Director YLWD
Bob Ooten, Alternate Director, CMSD
Adam Hutchinson, OCWD
PUBLIC COMMENTS:
None.
REPORT OF COMMITTEE CHAIR:
Committee Chair Withers did not provide a report.
11/04/2015 Opeations Committee Minutes Page 1 of 4
REPORT OF GENERAL MANAGER:
General Manager, Jim Herberg stated that Adam Hutchinson, Recharge Planning
Managerfrom Orange County Water Districtwill be making a presentation on storm water
capture tonight as requested by the Board of Directors at the Strategic Plan Update
meeting.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES (Clerk of the Board)
MOVED. SECONDED. and DULY CARRIED TO: Approve Minutes of the
October 7, 2015, Operations Committee Meeting.
AYES: Bartlett, Beamish, Kiley, Nagel, Nielsen, Sebourn, Shawver,
Smith, F., Withers and Yarc
NOES: None
ABSTENTIONS: Murphy
ABSENT: Deaton, Jones and Wanke
2. MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL
TESTING SERVICES (Rob Thompson)
MOVED. SECONDED. and DULY CARRIED TO: Recommend to the Board of
Directors to: Approve Amendment No. 1 to the Professional Services Agreement,
PSA2013-001,with Sequoia Consultants, Inc., to provide on-call Materials Testing,
Inspection, and other Geotechnical Testing Services for Collection System and
Treatment Plant projects, for an amount not to exceed $100,000, increasing the
total contract amount not to exceed $300,000.
AYES: Bartlett, Beamish, Kiley, Murphy, Nagel, Nielsen, Sebourn,
Shawver, Smith, F., Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Deaton, Jones, and Wanke
NON-CONSENT CALENDAR:
Ed Torres, Director of Operations and Maintenance provided a brief report on Item 3.
3. ADDITIONAL INCREASE TO AGREEMENT J-79-1A FOR CENTRAL
GENERATION AUTOMATION/CONTINUOUS EMISSIONS MONITORING
SYSTEMS (CEMS) (Ed Torres)
MOVED. SECONDED, and DULY CARRIED TO: Recommend to the Board of
Directors to:
11/04/2015 Operations Committee Minutes Page 2 of 4
Approve additional maintenance services to a Sole Source Purchase Order
Service Agreement, J-79-1A 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.
AYES: Bartlett, Beamish, Kiley, Murphy, Nagel, Nielsen, Sebourn,
Shawver, Smith, F., Withers and Yarc
NOES: None
ABSTENTIONS: None
ABSENT: Deaton, Jones, and Wanke
Director Deaton arrived at 5:07 p.m.
Director Jones arrived at 5:09 p.m.
Director Wanke arrived at 5:12 p.m.
INFORMATION ITEMS:
4. QUARTERLY ODOR COMPLAINT REPORT (Ed Torres)
Mr. Torres provided a brief presentation and an update to the first quarter odor
complaint report, and also reported of ongoing issues with nearby Costa Mesa
residents and the suggested resolutions proposed. Staff then responded to
questions regarding benchmark goals for odor complaints and pipeline settlement
monitoring.
5. STORM WATER CAPTURE (Bob Ghirelli)
Adam Hutchinson, Recharge Planning Manager at Orange County Water District
gave an informative PowerPoint presentation on the importance of storm water to
the groundwater supplies of Orange County. He provided a history of the Orange
County Water District; surface recharge operations of the dams built; capture
statistics; challenges and constraints faced; sediment removal technologies; and
preservation efforts.
Mr. Hutchinson then fielded questions from the Committee regarding: aquafer
levels; technologies/techniques to increase water storage or percolation; usable
layman terms to inform residents; percentage of collection of water to Prado Dam;
percentage of allowable storage; acre fee for minimum base flow and water rights.
DEPARTMENT HEAD REPORTS:
Ed Torres, reported on recent El Nino preparedness efforts including: Updated wet
weather high flow preparedness plan; emergency preparedness and response training;
testing of emergency generators; and verifying critical supplies.
11/04/2015 Operations Committee Minutes Page 3 of 4
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS,
IF ANY:
Director Shawver wished everyone Happy Thanksgiving.
ADJOURNMENT
At 5:42 p.m., Committee Chair Withers declared the meeting adjourned to the next
scheduled meeting of Wednesday, December 2, 2015 at 5:00 p.m.
Submitted by,
Kelly A. Lore
Clerk of the Board
11/04/2015 Operations Committee Minutes Page 4 of 4
OPERATIONS COMMITTEE Neeing Dare TOBA.Of DIr.
1VO2115 12/16/15
AGENDA REPORT IternNumber Item Numbe
z
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: GISLER-REDHILL SYSTEM IMPROVEMENTS, REACH B,
CONTRACT NO. 7-37
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Construction Services Agreement with Tetra Tech, Inc. to
provide construction support services for Gisler-Redhill System Improvements,
Reach B, Contract No. 7-37, in an amount not to exceed $270,000; and
B. Approve a contingency of$27,000 (10%).
SUMMARY
The Orange County Sanitation District's (Sanitation District) 1999 Strategic Plan
identified a portion of the Gisler-Redhill System Improvements, Reach B, Contract
No. 7-37, to have inadequate capacity as confirmed by flow monitoring.
This project will construct a parallel larger diameter sewer to replace capacity-deficient
segments of the Gisler-Redhill Trunk Sewer along Redhill Avenue. It will also
rehabilitate/repair segments of both the trunk and interceptor pipelines and manholes
between Mitchell Avenue in Tustin and McGaw Avenue in Irvine.
Engineering support services are needed during the construction phase to provide
continuity through the completion of the project. The proposed services will be provided
on an as-needed basis and will include reviewing submittals, answering Contractor's
requests for information, reviewing design changes, preparing record drawings, and
assisting in closeout of the project.
Staff negotiated with Tetra Tech, Inc. for these support services in accordance with the
Orange County Sanitation District (Sanitation District) adopted policies and procedures.
A review of the proposed price was conducted using estimated quantities of requests for
information, submittals, meetings, site visits, change order review, and design revisions,
as well as the level of effort to prepare record drawings. Based on this review, staff
determined the negotiated fee to be fair and reasonable for these services. Staff
recommends awarding a Professional Consultant Services Agreement to Tetra Tech,
Inc.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
The Sanitation District, as lead agency, prepared a Program Environmental Impact
Report (PEIR) entitled 1999 OCSD Strategic Plan. The Board certified the PEIR on
October 27, 1999. The Sanitation District filed a Notice of Determination on
October 29, 1999. The Sanitation District has determined that the project is within the
scope of the PEIR, and that an Addendum to the PEIR should be prepared. The
Addendum will be included in the Agenda Report for the Construction Contract.
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This recommendation complies with authority levels of the Sanitation District's
Purchasing Ordinance. This item has been budgeted (FY2015-16 Update, Page A-7),
and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
Professional Consultant Services Agreement
HK:dm:gc
Page 2 of 2
PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 16'h day of December, 2015
by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"SANITATION DISTRICT", and TETRA TECH, INC., for purposes of this Agreement hereinafter
referred to as "CONSULTANT.
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide
Construction Support Services for Gisler-Redhill System Improvements, Reach B, Contract
No. 7.37; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction
Support Services in connection with these requirements; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with
the SANITATION DISTRICT Board of Directors' Ordinance No. OCSD-47 Section 4.03(B)for
the continuation of services and has proceeded in accordance with said procedures to perform
this work; and,
WHEREAS, at its regular meeting on December 16, 2015 the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee or Director of
Engineering and General Manager pursuant to SANITATION DISTRICT Board of Directors'
Ordinance No. OCSD-47 to approve this Agreement between the SANITATION DISTRICT and
CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
"Attachment A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 1 of 18
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 CADD drawings, figures, and other work shall be produced by
CONSULTANTS and Subconsultants using the SANITATION DISTRICT
standard software. Conversion of CADD work from any other non-standard
CADD format to the SANITATION DISTRICT format shall not be acceptable in
lieu of this requirement.
Electronic files shall be subject to an acceptance period of Thirty(30) calendar
days during which the SANITATION DISTRICT shall perform appropriate
acceptance tests. CONSULTANT shall correct any discrepancies or errors
detected and reported within the acceptance period at no additional cost to the
SANITATION DISTRICT.
E. All professional services performed by the CONSULTANT, including but not
limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are
for the sole use of the SANITATION DISTRICT, its agents and employees.
Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a)was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b)subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed Two Hundred Seventy
Thousand Dollars ($270,000). Total compensation to CONSULTANT including
burdened labor(salaries plus benefits), overhead, profit, direct costs, and
Subconsultant(s)fees and costs shall not exceed the sum set forth in Attachment
"E" - Fee Proposal.
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 2 of 18
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 Suboonsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
E. Suboonsultants
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.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 3 of 18
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. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/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
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 4 of 18
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"D"-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed the not-to-exceed amount of
the Agreement, including approved additional compensation, CONSULTANT
shall notify the SANITATION DISTRICT immediately, and in writing. This written
notice shall indicate the additional amount necessary to complete the services.
Any cost incurred in excess of the approved not-to-exceed amount, without the
express written consent of the SANITATION DISTRICT's authorized
representative shall be at CONSULTANT's own risk. This written notice shall be
provided separately from, and in addition to any notification requirements
contained in the CONSULTANT's invoice and monthly progress report. Failure to
notify the SANITATION DISTRICT that the services cannot be completed within
the authorized not-to-exceed amount is a material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2- COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 5 of 18
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%)of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT; or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act(Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 6 of 18
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 sec,
CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a) (3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulations Section 16461(e).
6. DOCUMENT OWNERSHIP—SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
PCSA CONTRACT NO.7-37
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 7 of 18
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vlll, 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
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 8 of 18
General Liability policy and coverage must be reflected on the submitted
Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. 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 One Million Dollars ($1,000,000) or
alternatively, One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage. A statement
on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement.
E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Two Million Dollars
($2,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 9 of 18
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until Completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10)days prior to the
expiration of each policy term.
G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010)or equivalent.
• Additional Insurance (ISO Forth) 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.
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 10 of 18
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
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,
Div. 260, and shall be received by the SANITATION DISTRICT not less than
thirty (30)days prior to the effective date of the change(s) if the change would
reduce coverage or increase deductibles or SIR amounts or otherwise reduce or
limit the scope of insurance coverage provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 11 of 18
M. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2-
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer. Such services hereunder will be
performed under the direct supervision of registered engineers.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 12 of 18
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: Hardat Khublall, Project Manager
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 13 of 18
Notices shall be mailed to CONSULTANT at:
TETRA TECH, INC.
17885 Von Kerman Avenue
Suite 500
Irvine, CA 92614-6213
Attention: Tom Epperson, P.E.
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.
PCSA CONTRACT NO.737
ReAsed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 14 of 18
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, consultants, 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 consultants fees and costs and the SANITATION DISTRICT's
general and administrative expenses (individually, a "Claim", or collectively, "Claims")
which may arise from or are in any manner related, directly or indirectly, to any work
performed, or any operations, activities, or services provided by CONSULTANT in
carrying out its obligations under this Agreement to the extent of the negligent,
recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents,
employees, CONSULTANT's suppliers, consultants, subconsultants, subcontractors,
and/or anyone employed directly or indirectly by any of them, regardless of any
contributing negligence or strict liability of an Indemnified Party. Notwithstanding the
foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 15 of 18
Indemnified Parties from any Claim arising from:
(A)the sole or active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, consultant, subconsultant, subcontractor, nor anyone
employed directly or indirectly by any of them.
Exceptions (A)through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder.
The terms of this Agreement are contractual and the result of negotiation between the
parties hereto. Accordingly, any rule of construction of contracts (including, without
limitation, California Civil Code Section 1654)that ambiguities are to be construed
against the drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnity 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 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.
PCSA CONTRACT NO.737
Remed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 16 of 18
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. 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.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PCSA CONTRACT NO.737
Revised 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 17 of 18
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: TETRA TECH, INC.
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Kelly A. Lore
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division Manager
Attachments: Attachment"A"—Scope of Work
Attachment'B"—Labor Hour&Cost Matrix
Attachment"C'— Not Used
Attachment"D"—Allowable Direct Costs
Attachment"E"—Fee Proposal
Attachment"F"— Not Used
Attachment"G"— Not Attached
GVP:yp
PCSA CONTRACT NO.737
ReAsed 052715 GISLER-REDHILL SYSTEM IMPROVEMENTS,REACH B
Page 18 of 18
OPERATIONS COMMITTEE Meeting Date TOBd.OfDlr.
12/02/15 12/16/15
AGENDA REPORT Item Item Number
3
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: 15tb STREET, ROCKY POINT PUMP STATION (RPPS) AND BITTER
POINT PUMP STATION (BPPS) FALL PROTECTION IMPROVEMENTS,
PROJECT NO. FE12-05
GENERAL MANAGER'S RECOMMENDATION
Approve a construction contingency increase of $24,638 (15%) to the construction
contract with Jamison Engineering Contractors, Inc., for 15tb St., RPPS and BPPS Fall
Protection Improvements, Project No. FE12-05, for a total contingency of $41,063
(25%).
SUMMARY
Fall protection improvements at 151b Street Pump Station and Bitter Point Pump Station
require additional safety improvements identified after the contract was awarded.
Improvements include additional brackets to a ladder, modifications to emergency
hatches, modifications to a concrete ramp, and installation of a machine guard on a
pump.
Staff has determined that the original contingency budget of 10% is inadequate to meet
the projected refurbishment needs of the facilities and allow the work to be in a timely
manner.
PRIOR COMMITTEE/BOARD ACTIONS
December 2014—Awarded a construction contract to Jamison Engineering Contractors,
Inc., for 15tb St., RPPS and BPPS Fall Protection Improvements, Project No. FE12-05,
for an amount not to exceed $164,253, and approved a contingency of$16,425 (10%).
ADDITIONAL INFORMATION
The Contractor will complete the additional work without compensation for the additional
time impact to the project.
CEQA
A Notice of Exemption was filed and recorded with the County of Orange on
February 19, 2014.
Page 1 of 2
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request for increase in the project contingency complies with authority levels of the
Orange County Sanitation District's Purchasing Ordinance. This item has been
budgeted (Budget Update FY2015-16, Page A-11).
Date of ADDroval Contract Amount Contingency
12/03/14 $164,253 $16,425 (10%)
12/02/15 $24,638 (15%)
$41,063 (25%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package:
N/A
RB:dm:gc
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OPERATIONS COMMITTEE Meeting Date TOBtl.of Dir.
2102115
1 16 15
AGENDA REPORT Rem Number Item number
a
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: JANITORIAL & FLOOR MAINTENANCE SERVICES CONTRACT
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Service Agreement with Gamboa Services, Inc., DBA Corporate Image
Maintenance, the lowest responsive and responsible bidder, for Janitorial & Floor
Maintenance Service at Plants 1 & 2, Specification No. S-2015-7306D, for the
period February 1, 2016 through January, 2017 for an amount not to exceed
$345,700 with four (4), one-year renewal options; and
B. Approve an annual contingency of$34,570.00 (10%) aggregately per year.
SUMMARY
The purpose of this service agreement is to provide cleaning and Floor maintenance
services, including all necessary labor, supplies, materials and equipment for
Plants 1 & 2 buildings and offices.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
This Contract was competitively bid with 10 prospective bidders attending the mandatory
job walk and ten (10) bids being received by the District. The companies that provided
bids are listed below. Staff recommends that Gamboa Services, Inc. be awarded the
Janitorial & Floor Maintenance Services Contract as the lowest responsive and
responsible bidder.
Bidder Total Cost
Gamboa Services, Inc. $ 345,700.00
UMS $ 427,600.00
GTC Golden Touch Cleaning Inc. $ 453,765.00
Santa Fe Building Maintenance $ 469,168.92
Golden West Corporation $ 473,339.92
Xanadu Service System $ 476,841.00
ABM Janitorial Services $ 484,906.56
U.S. Metro Group, Inc. $ 513,640.00
GOTM Enterprises $ 585,919.00
Ultimate Maintenance Services, Inc. $1,091,884.00
Page 1 of 2
CEQA
N/A
BUDGET / PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Division 870/880, Object No. 53041, Line
item 83). Project contingency funds will be used for this agreement.
Date of ADDroval Contract Amount Contingency
12/16/15 $345,700 $34,570
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package and attachments:
• Service Contract
Page 2 of 2
SERVICE AGREEMENT
Janitorial & Floor Maintenance Service at Plant 1 &2
Specification No. S-2015.730BD
THIS AGREEMENTis 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 92708-7018 (hereinafter referred to as "OCSD")and Gamboa Services, Inc.
DBA Corporate Image Maintenance with a principal place of business at 2116 S. Wright Street,
Santa Ana, CA 92705(hereinafter referred to as"SERVICE PROVIDER"). OCSD and SERVICE
PROVER are referred to herein collectively as the "Parties" or individually as a "Party."
WITNESSETH
WHEREAS,OCSD desires to retain the services of SERVICE PROVIDER for Janitorial and Floor
Maintenance Service at Plant 1 &2 "Services" as described in Exhibit"A"; and
WHEREAS, SERVICE PROVIDER submitted its bid, dated October 20, 2015: and
WHEREAS, OCSD has chosen SERVICE PROVIDER to conduct Services in accordance with
OCSD Board of Directors' Ordinance No. OCSD-47; and
WHEREAS, at its regular meeting on December 16, 2015, the Board of Directors of OCSD, by
minute order, authorized execution of this AGREEMENT between OCSD and SERVICE
PROVIDER; and
WHEREAS, SERVICE PROVIDER is qualified by virtue of experience, training, and education
and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction
1.1 This AGREEMENT and all exhibits hereto (called the "AGREEMENT") is made by OCSD
and SERVICE PROVIDER. The Terms and Conditions herein exclusively govern the purchase of
Services as described in the Scope of Work, attached hereto and incorporated herein by
reference as 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 and its exhibits/attachments, attached Addendum and
dated email string
Exhibit"B" Bid from SERVICE PROVIDER
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibit"D" 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.
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1.4 The provisions of this AGREEMENT may be amended or waived only by a writing
executed by authorized representatives of both Parties hereto.
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 Paragraph or provision
hereof.
1.6 The term "days", when used in the AGREEMENT, shall mean calendar days, unless
otherwise noted as business days.
1.7 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through
Thursday between the hours of 8AM and 4PM (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 legally observed holidays.
1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday,
Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.9 The term "hours", when used in this AGREEMENT, shall be as defined in Exhibit"A".
1.10 SERVICE PROVIDER shall provide OCSD with all required premiums and/or overtime
work at no charge beyond the price provided under"Compensation" below.
1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by SERVICE PROVIDER as a result of work performed
in anticipation of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this AGREEMENT, SERVICE PROVIDER shall
perform the Services attached hereto and incorporated herein Exhibit"A". SERVICE PROVIDER
shall perform said Services in accordance with generally accepted industry and professional
standards.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD or SERVICE PROVIDER at any time. All modifications must
be made in writing and signed by both Parties.
4. Compensation Compensation to be paid by OCSD to SERVICE PROVIDER for the
Services under this AGREEMENT for a firm fixed priced of three hundred forty-five thousand
seven hundred and 00/00 Dollars ($345,700.00).
5. California Department of Industrial Relations (DIR)Registration and Record of
Wages, if applicable
5.1 To the extent SERVICE PROVIDER's employees and/or its Subcontractors 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 et seq, CONTRACTOR and its
Subcontractors 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.
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5.2 The SERVICE PROVIDER and its Subcontractors 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 SERVICE PROVIDER and its Subcontractors
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 Division of Labor Enforcement of the Department of Industrial Relations.
5.4 The SERVICE PROVIDER and its Subcontractors 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. Payments Payments shall be made upon approval by OCSD Project Manager, or his/her
designee, of invoices submitted for Services completed as described in Exhibit"A". OCSD, at its
sole discretion, shall be the determining party as to whether the Services have been satisfactorily
completed.
7. Invoices
7.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges
thereon. Invoices shall include the Purchase Order Number.
7.2 Invoices shall be emailed by SERVICE PROVIDER to OCSD Accounts Payable at
APStaff(a)OCSD.com and reference the following in the subject line: 'INVOICE", the Purchase
Order number, the Project Manager, and Specification Number.
6. Audit Rights SERVICE PROVIDER agrees that, during the term of this AGREEMENT
and for a period 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 SERVICE PROVIDER
relating to the invoices submitted by SERVICE PROVIDER pursuant to this AGREEMENT.
9. AGREEMENT Term The Services provided under this AGREEMENT shall commence
on February 1, 2016 and end on January 31, 2017.
10. Renewals
10.1 OCSD may exercise the option to renew the Agreement for up to four(4)one-year periods
based upon the criteria set forth in the specifications, Exhibit"A", under the terms and conditions
contained herein. OCSD shall make no obligation to renew nor give reason if it elects not to
renew.
10.2 Renewals may be made through the OCSD Purchase Order Process.
11. Performance Time is of the essence in the performance of this AGREEMENT and the
provisions hereof.
12. Termination
12.1 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, SERVICE PROVIDER shall immediately discontinue all work under this
AGREEMENT (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30)
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days, pay SERVICE PROVIDER for work performed (cost and fee) to the date of termination.
SERVICE PROVIDER 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 SERVICE
PROVIDER other than for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this AGREEMENT immediately upon OCSD's
determination that SERVICE PROVIDER is not meeting specification requirements, if the level of
service is inadequate, or any other default of this AGREEMENT.
12.3 OCSD may also immediately cancel for default of this AGREEMENT in whole or in part by
written notice to SERVICE PROVIDER:
• if SERVICE PROVIDER becomes insolvent or files a petition under the Bankruptcy Act;
or
• if SERVICE PROVIDER sells its business; or
• if SERVICE PROVIDER breaches any of the terms of this AGREEMENT; or
• if total amount of compensation exceeds the amount authorized under this AGREEMENT.
12.4 All OCSD property in the possession or control of SERVICE PROVIDER shall be returned
by SERVICE PROVIDER to OCSD upon demand, or at the termination of this AGREEMENT,
whichever occurs first.
13. Insurance SERVICE PROVIDER and all subcontractors 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 (attached hereto and incorporated herein as Exhibit "C"). SERVICE PROVIDER
shall not commence work under this AGREEMENT until all required insurance is obtained in a
form acceptable to OCSD, nor shall SERVICE PROVIDER allow any subcontractor to commence
service pursuant to a subcontract until all insurance required of the subcontractor has been
obtained. Failure to maintain required insurance coverage shall result in termination of this
AGREEMENT.
14. Indemnification and Hold Harmless Provision SERVICE PROVIDER 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 SERVICE PROVIDER's services under this AGREEMENT, or
by its subcontractor or by anyone directly or indirectly employed by SERVICE PROVIDER, 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,
SERVICE PROVIDER 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 interference with the use of property, arising out of or in
connection with SERVICE PROVIDER'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 ads or omissions, willful misconduct, or negligent
misconduct, whether active or passive, on the part of SERVICE PROVIDER of or anyone
employed by or working under SERVICE PROVIDER. To the maximum extent permitted by law,
SERVICE PROVIDER'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 parties to be defended were actively, passively, or concurrently negligent, or which
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otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss,
damage, or injury. SERVICE PROVIDER agrees to provide this defense immediately upon
written notice from OCSD, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OCSD.
15. OCSD Safety Standards and Human Resources (HR) Policies OCSD requires all
contractors and service providers to follow and ensure their employees and all subcontractors
follow all State and Federal regulations as well as OCSD requirements while working at OCSD
locations. If during the course of this AGREEMENT it is discovered that OCSD policies, safety
manuals, or contracts do not comply with State or Federal regulations then the SERVICE
PROVIDER is required to follow the most stringent regulatory requirement at no cost to
OCSD. SERVICE PROVIDER and all their employees and subcontractors, shall adhere to all
applicable OCSD Safety Standards and Human Resources Policies found at: ocsd.00m, "Doc
Central" at the bottom of page, under"Safety". OCSD's Safety Standards and Human Resource
Policies are hereby incorporated by reference as though fully set forth herein.
15.1 In addition to the requirements stated above, SERVICE PROVIDER shall adhere to the
following OCSD Safety requirements: SOP-102 PPE, SOP-106 Hearing Conservation Program,
and SOP-107 Hazard Communication.
16. Warranties In addition to the Warranties stated in Exhibit "A", if any, the following
shall apply:
16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at
date of completion of this AGREEMENT.
16.2 SERVICE PROVIDER's warranty: If, within the 12-month period following completion of
its Services, OCSD informs SERVICE PROVIDER that any part of the Services fails to meet the
standards required under this AGREEMENT, SERVICE PROVIDER shall,within the time agreed
to by OCSD and SERVICE PROVIDER, take all such actions as are necessary to correct or
complete the noted deficiency(ies)at SERVICE PROVIDER's sole expense.
17. 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.
16. Freiaht (F.O.B. Destination) SERVICE PROVIDER 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.
19. Familiarity with Work By executing this AGREEMENT, SERVICE PROVIDER 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 the SERVICE PROVIDER 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 SERVICE
PROVIDER's risk, until written instructions are received from OCSD.
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20. Regulatory Requirements SERVICE PROVIDER shall perform all work under this
AGREEMENT in strict conformance with applicable federal, state, and local regulatory
requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503,
Title 22, 23, and California Water Codes Division 2.
21. Licenses, Permits. Ordinances and Regulations SERVICE PROVIDER 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
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 SERVICE PROVIDER.
22. Applicable Laws and Regulations SERVICE PROVIDER shall comply with all
applicable federal, state, and local laws, rules, and regulations. SERVICE PROVIDER also
agrees to indemnify and hold harmless from any and all damages and liabilities assessed against
OCSD as a result of SERVICE PROVIDER's noncompliance therewith. Any permission required
by law to be included herein shall be deemed included as a part of this AGREEMENT whether or
not specifically referenced.
23. SERVICE PROVIDER's Employees Compensation
23.1 Davis-Bacon Act— Not Used
23.2 General Prevailing Rate — OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this AGREEMENT, and copies of
the same are on file in the office of the engineer of OCSD. The SERVICE PROVIDER agrees
that not less than said prevailing rates shall be paid to workers employed on this AGREEMENT
as required by Labor Code Section 1774 of the State of California. Per California Labor Code
1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal
office and at each job site, which shall be made available to any interested party upon request.
23.3 Forfeiture For Violation - SERVICE PROVIDER shall, as a penalty to OCSD, forfeit fifty
dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the
SERVICE PROVIDER or any subcontractor under it) less than the prevailing rate of per diem
wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of
the California Labor Code for the work provided for in this AGREEMENT, all in accordance with
Section 1775 of the Labor Code of the State of California.
23.4 Apprentices — Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of
California, regarding the employment of apprentices are applicable to this AGREEMENT and the
SERVICE PROVIDER shall comply therewith if the prime contract involves thirty thousand dollars
($30,000.00)or more or twenty (20)working days or more; or if contracts of specialty contractors
not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00)
or more or five (5)working days or more.
23.5 Workday— In the performance of this AGREEMENT, not more than eight (8) hours shall
constitute a day's work,and the SERVICE PROVIDER shall not require more than eight(8) hours
of labor in a day from any person employed by him hereunder except as provided under General
Prevailing Rate above. SERVICE PROVIDER shall conform to Article 3, Chapter 1, Part 7
(Section 1810 et seq.)of the Labor Code of the State of California and shall forfeit to OCSD as a
penalty, the sum of twenty five dollars ($25.00)for each worker employed in the execution of this
CCONTRACT by SERVICE PROVIDER or any subcontractor for each calendar day during which
any worker is required or permitted to labor more than eight (8) hours in any one calendar day
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and forty(40) hours in any one week in violation of said Article. SERVICE PROVIDER shall keep
an accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by SERVICE PROVIDER in connection with the project.
23.6 Record of Wages; Inspection -SERVICE PROVIDER agrees to maintain accurate payroll
records showing the name, address, social security number,work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project
and agrees to require that each of its subcontractors do the same. All payroll records shall be
certified as accurate by the applicable SERVICE PROVIDER or subcontractor or its agent having
authority over such matters. SERVICE PROVIDER further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee's representative, the
Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall
comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-
compliance with the requirements of Section 1776 may be deducted from project payments per
the requirements of Section 1776.
24. South Coast Air Quality Management District's (SCAQMD) Requirements It is
SERVICE PROVIDER's responsibility that all equipment fumished and installed be in accordance
with the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All AGREEMENT work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. 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.
26. Breach 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 SERVICE PROVIDER 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.
27. Remedies In addition to other remedies available in law or equity, if the SERVICE
PROVIDER 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)cancel 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 SERVICE PROVIDER. In the event OCSD elects to"cover"
as described in (3), OCSD shall be entitled to recover from SERVICE PROVIDER as damages
the difference between the cost of the substitute goods or Services and the AGREEMENT price,
together with any incidental or consequential damages.
26. Dispute Resolution
26.1 In the event of a dispute as to the construction or interpretation of this AGREEMENT, or
any rights or obligations hereunder, the Parties shall 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.
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28.2 In the event the Parties are unable to timely resolve 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 at 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 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, orthree 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 of the State of California. The arbitrator's decision
and award shall be subject to review for errors of fact or law in the Superior Court for the County
of Orange, with a right of appeal from any judgment issued therein.
29. 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 to which he may be entitled.
30. Survival The provisions of this AGREEMENT dealing with Payment, Warranty,
Indemnity, and Forum for Enforcement, shall survive termination or expiration of this
AGREEMENT.
31. 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.
32. Damage to OCSD's Property Any of OCSD's property damaged by SERVICE
PROVIDER, any subcontractors or by the personnel of either will be subject to repair or
replacement by SERVICE PROVIDER at no cost to OCSD.
33. Disclosure SERVICE PROVIDER agrees not to disclose, to any third party, data or
information generated from this project without the prior written consent from OCSD.
34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make SERVICE PROVIDER an
OCSD employee. During the performance of this AGREEMENT, SERVICE PROVIDER and its
officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's
officers, employees, or agents. SERVICE PROVIDER and its officers, employees, and agents
shall obtain no rights to any benefits which accrue to OCSD's employees.
35. Limitations upon Subcontracting and Assignment SERVICE PROVIDER 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.
36. Third Party Rights Nothing in this AGREEMENT shall be construed to give any rights
or ben efts to anyone other than OCSD and SERVICE PROVIDER.
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37. Non-Liability of OCSD Officers and Emolovees No officer or employee of OCSD shall
be personally liable to SERVICE PROVIDER, or any successor-in-interest, in the event of any
default or breach by OCSD or for any amount which may become due to SERVICE PROVIDER
or to its successor, or for breach of any obligation for the terms of this Agreement.
38. Read and Understood By signing this AGREEMENT, SERVICE PROVIDER represents
that he has read and understood the terms and conditions of the AGREEMENT.
39. 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 formally bound.
40. 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.
41. 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. 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: Michelle Chewning
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
SERVICE PROVIDER: Gamboa Services, DBA Corporate Image Maintenance
2116 S. Wright Street
Santa Ana, CA 92705
Each party shall provide the other party written notice of any change in address as soon as
practicable.
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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 Division Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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OPERATIONS COMMITTEE Meeting Date TOBE.Or .Dir.
12/02/15 12/16/15
AGENDA REPORT ItemNumber Item Number
s
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Ed Torres, Director of Operations and Maintenance
SUBJECT: DIGESTER CLEANING AND DISPOSAL CONTRACT
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Service Agreement with Synagro-WWT, the lowest responsive and
responsible bidder, for Digester Cleaning and Disposal, Specification No. S-2015-
71913D, for the period February 1, 2016 through January 31, 2017 for an amount
not to exceed $1,160,000, with four one-year renewal options; and
B. Approve an annual contingency of$116,000 (10%) aggregately per year.
SUMMARY
The Sanitation District performs routine digester cleaning to remove materials that build
up over time that limits process capacity as well as to assess the structural and
mechanical conditions of the digesters after cleaning.
The previous digester cleaning contract expired November 2015. Staff recommends
Synagro-WWT, Inc. be awarded the Digester Cleaning and Disposal Contract as the
lowest responsive and responsible bidder. Approving the recommendations will allow
OCSD to maintain its current goal of completing two digester cleanings per year over the
next five years.
PRIOR COMMITTEE/BOARD ACTIONS
July 2014: Wastewater Solids Management, Inc. the lowest responsive and responsible
bidder, for Digester Cleaning and Disposal, Specification No. S-2014-60313D, for the
period August 15, 2014 through June 30, 2015 for an amount not to exceed $1,161,230;
and a contingency of$116,123 (10%).
February 2011: The Board of Directors approved a service agreement with Synagro
West, LLC, the lowest responsive and responsible bidder for Digester Cleaning and
Disposal, Specification No. S-2010-467, for the period March 1, 2011 through June 20,
2011 for an amount not to exceed $451,653.52 and a contingency of$ 22,583 (5%).
The Board also approved four one-year renewal options which began July 1, 2011
through June 30, 2012 for a total amount not to exceed $1,354,960.54 per year including
an annual cost escalator of 5% of the renewal base contract.
Page 1 of 2
ADDITIONAL INFORMATION
This Contract was competitively bid with 14 prospective bidders. Three bid packages
were received by the Sanitation District and are listed below.
Bidder Total Cost
Synagro-WWT, Inc. $1,160,000.00
Denali Water Solutions $1,491,670.50
J.R. Filanc Construction Company $1,655,936.00
The bids received are based upon a unit cost per 10,000 gallons of material removed and
disposed of as well as equipment mobilization and demobilization.
CEQA
N/A
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Division 870, Object No. 54010, Line item
109). Project contingency funds will be used for this agreement.
Date of Approval Contract Amount Contingency
12/16/15 $1,160,000 $116,000
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.coml with the
complete agenda package and attachments:
Digester Cleaning and Disposal Contract
Page 2 of 2
SERVICE CONTRACT
Digester Cleaning Services
Specification No. S-2015.719BD
THIS CONTRACT 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 92708-7018 (hereinafter referred to as "OCSD") and Synagro-WWT, Inc.
with a principal place of business at 3845 Bithell Lane, Suisun City, CA 94585(hereinafter referred
to as "SERVICE PROVIDER"). OCSD and SERVICE PROVIDER are referred to herein
collectively as the "Parties" or individually as a "Party."
WITNESSETH
WHEREAS, OCSD desires to retain the services of SERVICE PROVIDER for Digester Cleaning
Services"Services" as described in Exhibit"A"; and
WHEREAS, SERVICE PROVIDER submitted its proposal, dated October 6, 2015; and
WHEREAS, OCSD has chosen SERVICE PROVIDER to conduct Services in accordance with
OCSD Board of Directors' Ordinance No. OCSD-47; and
WHEREAS, at its regular meeting on December 16, 2015 the Board of Directors of OCSD, by
minute order, authorized execution of this CONTRACT between OCSD and SERVICE
PROVIDER; and
WHEREAS, SERVICE PROVIDER is qualified by virtue of experience, training, and education
and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between
the Parties, it is mutually agreed as follows:
1. Introduction
1.1 This CONTRACT and all exhibits hereto (called the "CONTRACT") is made by OCSD and
SERVICE PROVIDER. The Terms and Conditions herein exclusively govern the purchase of
Services as described in the Scope of Work, attached hereto and incorporated herein by
reference as Exhibit"A".
1.2 Exhibits to this CONTRACT are incorporated by reference and made a part of this
CONTRACT as though fully set forth at length herein. Exhibits to this CONTRACT are as follows
in order of precedence:
Exhibit"A" Scope of Work and all its attachments
Exhibit"B" Bid from SERVICE PROVIDER
Exhibit"C" Acknowledgement of Insurance Requirements
Exhibits "D-1" Not Used
Exhibit 1C Labor& Materials Bond
Exhibit"L" Performance Bond
1.3 In the event of any conflict or inconsistency between the provisions of this CONTRACT and
any of the provisions of the exhibits hereto, the provisions of this CONTRACT shall in all respects
govern and control.
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1.4 The provisions of this CONTRACT maybe amended or waived only by a writing executed
by authorized representatives of both Parties hereto.
1.5 The various headings in this CONTRACT are inserted for convenience only and shall not
affect the meaning or interpretation of this CONTRACT or any Paragraph or provision hereof.
1.6 The term"days",when used in the CONTRACT,shall mean calendar days,unless otherwise
noted as business days.
1.7 The term "workday". Workdays are defined as all days that are not Saturday, Sunday, or
legally observed holidays. Meetings with OCSD staff shall be scheduled from Monday through
Thursday between the hours of 8AM and 4PM. OCSD review periods shall not include legally
observed holidays.
1.8 OCSD holidays (non-working days) are as follows: New Year's Day, Lincoln's Birthday,
Presidents' Day Monday, Memorial Day Monday, Independence Day, Labor Day Monday,
Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.9 The term "hours", when used in this CONTRACT, shall be as defined in Exhibit"A".
1.10 SERVICE PROVIDER shall provide OCSD with all required premiums and/or overtime work
at no charge beyond the price provided under"Compensation" below.
1.11 Except as expressly provided otherwise, OCSD accepts no liability for any expenses,
losses, or action incurred or undertaken by SERVICE PROVIDER as a result of work performed
in anticipation of purchases of said services by OCSD.
2. Scope of Work Subject to the terms of this CONTRACT, SERVICE PROVIDER shall
perform the Services attached hereto and incorporated herein Exhibit"A". SERVICE PROVIDER
shall perform said Services in accordance with generally accepted industry and professional
standards.
3. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD or SERVICE PROVIDER at any time. All modifications must
be made in writing and signed by both Parties.
4. Compensation Compensation to be paid by OCSD to SERVICE PROVIDER for the
Services under this CONTRACT for a firm fixed price of One Million One Hundred Sixty Thousand
and 00/00 Dollars ($1,160,000.00).
5. California Department of Industrial Relations(DIR)Registration and Record of Wages
5.1 To the extent SERVICE PROVIDER's employees and/or its Subcontractors 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, SERVICE PROVIDER and its
Subcontractors 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 SERVICE PROVIDER and its Subcontractors 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.
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5.3 Pursuant to Labor Code Section 1776, the SERVICE PROVIDER and its Subcontractors
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 Division of Labor Enforcement of the Department of Industrial Relations.
5.4 The SERVICE PROVIDER and its Subcontractors 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. Payments Payments shall be made upon approval by OCSD Project Manager, or his/her
designee, of invoices submitted as described in Exhibit "A". Unit prices shall not exceed those
stated in Exhibit "B". OCSD, at its sole discretion, shall be the determining party as to whether
the work and deliverables listed below have been satisfactorily completed:
• At fifty percent (50%) completion, SERVICE PROVIDER will be paid twenty-five (25%)
of the Contract Price for Bid Item #6.
• At seventy-five percent (75%) completion, SERVICE PROVIDER will be paid an
additional twenty-five percent (25%)for Bid Item#6.
• At one hundred percent (100%)completion, SERVICE PROVIDER will be paid the final
fifty percent(50%)of Bid Item#6.
7. Invoices
7.1 OCSD shall pay within 30 days of completion and receipt and approval by OCSD Project
Manager of an itemized invoice, in a form acceptable to OCSD to enable audit of the charges
thereon. Invoices shall include the Purchase Order Number.
7.2 Invoices shall be emailed by SERVICE PROVIDER to OCSD Accounts Payable at
APStaff(a)OCSD.com and reference the following in the subject line: "INVOICE", the Purchase
Order number, the Project Manager and Specification Number.
8. Audit Rights SERVICE PROVIDER agrees that, during the term of this CONTRACT and
for a period 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 SERVICE PROVIDER relating
to the invoices submitted by SERVICE PROVIDER pursuant to this CONTRACT.
9. CONTRACT Term The Services provided under this CONTRACT shall be commence on
February 1, 2016 and continue through January 31, 2017.
10. Renewals
10.1 OCSD may exercise the option to renew the Agreement for up to four (4) one-year periods
based upon the criteria set forth in the specifications, Exhibit "A", if any, under the terms and
conditions contained herein. OCSD shall make no obligation to renew nor give reason if it elects
not to renew.
10.2 Renewals may be made through the OCSD Purchase Order Process.
11. Performance Time is of the essence in the performance of this CONTRACT and the
provisions hereof.
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12. Termination
12.1 OCSD reserves the right to terminate this CONTRACT 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, SERVICE PROVIDER shall immediately discontinue all work under this CONTRACT
(unless the notice directs otherwise). OCSD shall thereafter,within thirty(30)days, pay SERVICE
PROVIDER for work performed (cost and fee) to the date of termination. SERVICE PROVIDER
expressly waives any claim to receive anticipated profits to be earned during the uncompleted
portion of this CONTRACT. Such notice of termination shall terminate this CONTRACT and
release OCSD from any further fee, cost or claim hereunder by SERVICE PROVIDER other than
for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this CONTRACT immediately upon OCSD's
determination that SERVICE PROVIDER is not meeting specification requirements, if the level of
service is inadequate, or any other default of this CONTRACT.
12.3 OCSD may also immediately cancel for default of this CONTRACT in whole or in part by
written notice to SERVICE PROVIDER:
• if SERVICE PROVIDER becomes insolvent or files a petition under the Bankruptcy Act;
or
• if SERVICE PROVIDER sells its business; or
• if SERVICE PROVIDER breaches any of the terms of this CONTRACT; or
• if total amount of compensation exceeds the amount authorized under this CONTRACT.
12.4 All OCSD property in the possession or control of SERVICE PROVIDER shall be returned
by SERVICE PROVIDER to OCSD upon demand, or at the termination of this CONTRACT,
whichever occurs first.
13. Bonds
13.1 SERVICE PROVIDER shall, before entering upon the performance of this CONTRACT,
furnish bonds (attached hereto in Exhibit"K& L")approved by OCSD's General Counsel -one in
the amount of one hundred percent(100%)of the CONTRACT price bid,to guarantee the faithful
performance of the work, and the other in the amount of one hundred percent (100%) of the
CONTRACT price bid, to guarantee payment of all claims for labor and materials furnished. This
CONTRACT shall not become effective until such bonds are supplied to and approved by OCSD.
Bonds must be issued by a California admitted surety insurance and must be maintained
throughout the life of the project and during the warranty period.
14. Insurance SERVICE PROVIDER and all subcontractors shall purchase and
maintain, throughout the life of this CONTRACT and any periods of warranty or
extensions, insurance in amounts equal to the requirements set forth in the signed
Acknowledgement of Insurance Requirements (attached hereto and incorporated herein
as Exhibit"C"). SERVICE PROVIDER shall not commence work under this CONTRACT
until all required insurance is obtained in a form acceptable to OCSD, nor shall SERVICE
PROVIDER allow any subcontractor to commence service pursuant to a subcontract until
all insurance required of the subcontractor has been obtained. Failure to maintain
required insurance coverage shall result in termination of this CONTRACT.
15. Indemnification and Hold Harmless Provision SERVICE PROVIDER 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 SERVICE PROVIDER's services under this CONTRACT, or by
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its subcontractor or by anyone directly or indirectly employed by SERVICE PROVIDER, and
whether such damage or injury shall accrue or be discovered before or after the termination of
the CONTRACT. Except as to the sole active negligence of or willful misconduct of OCSD,
SERVICE PROVIDER 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 interference with the use of property, arising out of or in
connection with SERVICE PROVIDER's performance under the CONTRACT, 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 CONTRACT,
and/or (c) on account of any goods and services provided under this CONTRACT. This
indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent
misconduct, whether active or passive, on the part of SERVICE PROVIDER of or anyone
employed by or working under SERVICE PROVIDER. To the maximum extent permitted by law,
SERVICE PROVIDER'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 parties 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. SERVICE PROVIDER agrees to provide this defense immediately upon
written notice from OCSD, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OCSD.
16. OCSD Safety Standards and Human Resources (HR) Policies OCSD requires all
contractors and service providers to follow and ensure their employees and all subcontractors
follow all State and Federal regulations as well as OCSD requirements while working at OCSD
locations. If during the course of this CONTRACT it is discovered that OCSD policies, safety
manuals, or contracts do not comply with State or Federal regulations then the SERVICE
PROVIDER is required to follow the most stringent regulatory requirement at no cost to
OCSD. SERVICE PROVIDER and all their employees and subcontractors, shall adhere to all
applicable OCSD Safety Standards and Human Resources Policies found at: ocsd.00m, "Doc
Central" at the bottom of page, under"Safety". OCSD's Safety Standards and Human Resource
Policies are hereby incorporated by reference as though fully set forth herein.
16.1 In addition to the requirements stated above, SERVICE PROVIDER shall adhere to the
following OCSD Safety requirements: SOP-102 PPE, SOP-104 Confined Space, SOP-105
LOTO, SOP-107 Hazard Communication, SOP-109 Respiratory Protection Program, SOP-113
Bloodbome Pathogen,SOP-118 Hot Work, SOP-206 Fall Protection, SOP-304 Mobile Equipment
and Traffic Control.
17. Warranties In addition to the Warranties stated in Exhibit"A", the following shall apply:
17.1 Manufacturer's standard warranty shall apply. All manufacturer warranties will begin at date
of completion of this CONTRACT.
17.2 SERVICE PROVIDER's warranty: If, within the 12-month period following completion of its
Services, OCSD informs SERVICE PROVIDER that any part of the Services fails to meet the
standards required under this CONTRACT, SERVICE PROVIDER shall, within the time agreed
to by OCSD and SERVICE PROVIDER, take all such actions as are necessary to correct or
complete the noted deficiency(ies)at SERVICE PROVIDER's sole expense.
18. Force Maleure 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
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Majeure condition may be rescheduled by mutual consent or may be eliminated from the
CONTRACT.
19. Freiaht (F.O.B. Destination) SERVICE PROVIDER assumes full responsibility for all
transportation, transportation scheduling, packing, handling, insurance, and other services
associated with delivery of all products deemed necessary under this CONTRACT.
20. Familiarity with Work By executing this CONTRACT, SERVICE PROVIDER 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 CONTRACT. Should the SERVICE PROVIDER 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 SERVICE
PROVIDER's risk, until written instructions are received from OCSD.
21. Reaulatory Requirements SERVICE PROVIDER shall perform all work under this
CONTRACT in strict conformance with applicable federal, state, and local regulatory
requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503,
Title 22, 23, and California Water Codes Division 2.
22. Licenses, Permits. Ordinances and Reaulations SERVICE PROVIDER 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
State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed
under the terms of this CONTRACT will be paid by SERVICE PROVIDER.
23. Applicable Laws and Reaulations SERVICE PROVIDER shall comply with all applicable
federal, state, and local laws, rules, and regulations. SERVICE PROVIDER also agrees to
indemnify and hold harmless from any and all damages and liabilities assessed against OCSD
as a result of SERVICE PROVIDER's noncompliance therewith. Any permission required by law
to be included herein shall be deemed included as a part of this CONTRACT whether or not
specifically referenced.
24. Contractor's Employees Compensation
24.1 Davis-Bacon Act—Not Used
24.2 General Prevailing Rate — OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and the
general prevailing rate for legal holiday and overtime work in the locality in which the work is to
be performed for each craft or type of work needed to execute this CONTRACT, and copies of
the same are on file in the office of the engineer of OCSD. The SERVICE PROVIDER agrees
that not less than said prevailing rates shall be paid to workers employed on this CONTRACT as
required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2,
OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and
at each job site, which shall be made available to any interested party upon request.
24.3 Forfeiture For Violation - SERVICE PROVIDER shall, as a penalty to OCSD, forfeit fifty
dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the
SERVICE PROVIDER or any subcontractor under it) less than the prevailing rate of per diem
wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of
the California Labor Code for the work provided for in this CONTRACT, all in accordance with
Section 1775 of the Labor Code of the State of California.
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24.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this CONTRACT and the SERVICE
PROVIDER shall comply therewith if the prime contract involves thirty thousand dollars
($30,000.00)or more or twenty (20)working days or more; or if contracts of specialty contractors
not bidding for work through the general or prime Contractor are two thousand dollars($2,000.00)
or more or five (5)working days or more.
24.5 Workday — In the performance of this CONTRACT, not more than eight (8) hours shall
constitute a day's work,and the SERVICE PROVIDER shall not require more than eight(8) hours
of labor in a day from any person employed by him hereunder except as provided under General
Prevailing Rate above. SERVICE PROVIDER shall conform to Article 3, Chapter 1, Part 7
(Section 1810 et seq.)of the Labor Code of the State of California and shall forfeit to OCSD as a
penalty, the sum of twenty five dollars ($25.00)for each worker employed in the execution of this
CONTRACT by SERVICE PROVIDER or any subcontractor for each calendar day during which
any worker is required or permitted to labor more than eight (8) hours in any one calendar day
and forty(40) hours in any one week in violation of said Article. SERVICE PROVIDER shall keep
an accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by SERVICE PROVIDER in connection with the project.
24.6 Record of Wages; Inspection - SERVICE PROVIDER agrees to maintain accurate payroll
records showing the name, address, social security number,work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project
and agrees to require that each of its subcontractors do the same. All payroll records shall be
certified as accurate by the applicable SERVICE PROVIDER or subcontractor or its agent having
authority over such matters. SERVICE PROVIDER further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee's representative, the
Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall
comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-
compliance with the requirements of Section 1776 may be deducted from project payments per
the requirements of Section 1776.
25. South Coast Air Quality Management District's (SCAQMD) Requirements It is
SERVICE PROVIDER's responsibility that all equipment furnished and installed be in accordance
with the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All CONTRACT work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
26. Governing Law This CONTRACT 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 CONTRACT or the performance thereof.
27. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this CONTRACT, shall not be deemed a continuing waiver by such party of any other
provision or of any subsequent breach or violation of this CONTRACT or default thereunder. Any
breach by SERVICE PROVIDER 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.
28. Remedies In addition to other remedies available in law or equity, if the SERVICE
PROVIDER fails to make delivery of the goods or Services or repudiates its obligations under this
CONTRACT, or if OCSD rejects the goods or Services or revokes acceptance of the goods or
Services, OCSD may (1) cancel the CONTRACT; (2) recover whatever amount of the purchase
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price OCSD has paid, and/or (3) 'cover" by purchasing, or contracting to purchase, substitute
goods or Services for those due from SERVICE PROVIDER. In the event OCSD elects to"cover"
as described in (3), OCSD shall be entitled to recover from SERVICE PROVIDER as damages
the difference between the cost of the substitute goods or Services and the CONTRACT price,
together with any incidental or consequential damages.
29. Dispute Resolution
29.1 In the event of a dispute as to the construction or interpretation of this CONTRACT, or any
rights or obligations hereunder, the Parties shall 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 to timely resolve 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 at 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 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, orthree 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 of the State of California. The arbitrator's decision
and award shall be subject to review for errors of fact or law in the Superior Court for the County
of Orange, with a right of appeal from any judgment issued therein.
30. Attomev'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
CONTRACT, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
31. Survival The provisions of this CONTRACT dealing with Payment, Warranty, Indemnity,
and Forum for Enforcement, shall survive termination or expiration of this CONTRACT.
32. Severability If any section, subsection, or provision of this CONTRACT, or any agreement
or instrument contemplated hereby, or the application of such section, subsection, or provision is
held invalid, the remainder of this CONTRACT 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.
33. Damaae to OCSD's Property Any of OCSD's property damaged by SERVICE PROVIDER
any subcontractors or by the personnel of either will be subject to repair or replacement by
SERVICE PROVIDER at no cost to OCSD.
34. Disclosure SERVICE PROVIDER agrees not to disclose, to any third party, data or
information generated from this project without the prior written consent from OCSD.
35. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make SERVICE PROVIDER an
OCSD employee. During the performance of this CONTRACT, SERVICE PROVIDER and its
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officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's
officers, employees, or agents. SERVICE PROVIDER and its officers, employees, and agents
shall obtain no rights to any benefits which accrue to OCSD's employees.
36. Limitations upon Subcontracting and Assignment SERVICE PROVIDER shall not
delegate any duties nor assign any rights under this CONTRACT without the prior written consent
of OCSD. Any such attempted delegation or assignment shall be void.
37. Third Party Rights Nothing in this CONTRACT shall be construed to give any rights or
benefits to anyone other than OCSD and SERVICE PROVIDER.
38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to SERVICE PROVIDER, or any successor-in-interest, in the event of any
default or breach by OCSD or for any amount which may become due to SERVICE PROVIDER
or to its successor, or for breach of any obligation for the terms of this Agreement.
39. Read and Understood By signing this CONTRACT, SERVICE PROVIDER represents that
he has read and understood the terms and conditions of the CONTRACT.
40. Authority to Execute The persons executing this CONTRACT on behalf of the Parties
warrant that they are duly authorized to execute this CONTRACT and that by executing this
CONTRACT, the Parties are formally bound.
41. Entire Contract This CONTRACT 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.
42. Notices All notices under this CONTRACT 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. 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: Michelle Chewning
Senior Contracts Administrator
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
SERVICE PROVIDER: Synagro-WWT, Inc.
3845 Bithell Lane
Suisun City, CA 94585
Each party shall provide the other party written notice of any change in address as soon as
practicable.
Orange County Sanitation District 9 of 10 Specification No. S-2015-719BD
Vemb date 063015
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
CONTRACT 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 Division Manager
COMPANY
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
Orange County Sanitation District 10 of 10 Specification No. S-2015-719BD
Vemb date 063015
OPERATIONS COMMITTEE Neeing Dare TOBA.Of DIr.
1VO2115 12/16/15
AGENDA REPORT em Number Item Numbe
6
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
SUBJECT: 2015 AUDIT REPORT OF OCSD'S SANITARY SEWER SYSTEM
MANAGEMENT PLAN
GENERAL MANAGER'S RECOMMENDATION
Receive and file the 2015 Waste Discharge Requirements (WDR) for Sanitary Sewer
System Management Plan Audit Report dated July 31, 2015.
SUMMARY
The State Water Resources Control Board (SWRCB) requires us to perform an internal
audit of our Sewer System Management Plan (SSMP) and WDR compliance efforts
every two years. The SSMP is Orange County Sanitation District's (OCSD) plan for
management, maintenance, and operation of our sewer system.
Attached is a copy of the audit which reviews the period from January 1, 2013 through
December 31, 2014. This latest audit assesses whether OCSD is completing the
requirements of our SSMP, identifies any deficiencies found, and recommends
corrective actions. In addition, the audit provides an evaluation of SSMP effectiveness
and best practices. HDR, Inc. was selected by OCSD to conduct the audit which
included staff interviews and field/site visits. OCSD will use the audit results to maintain
SSMP compliance.
The results of the audit found (1) noncompliance issue, (16) conformance deficiencies,
and (15) opportunities. The one noncompliance issue was related to having easily
available and organized documentation of changes to the SSMP since the last
certification of our SSMP. This requirement went into effect as a result of the State's
Order that changed on September 9, 2013. To address the non-compliance item, staff
will create an electronic log to track SSMP changes in one location. Staff is addressing
the other audit findings and will address the recommended corrective or improvement
actions and conformance deficiencies no later than March 2016.
The findings of this two-year internal audit are not significant enough to require the
Board to recertify or reapprove the updated SSMP. The current edition of our SSMP is
posted on our website for public awareness.
Page 1 of 2
PRIOR COMMITTEE/BOARD ACTIONS
March 2012 - Board of Directors approved the Sewer System Management Plan dated
March 28, 2012.
May 2009 - Board of Directors approved the Sewer System Management Plan dated
May 1, 2009.
October 2008 - Board of Directors received and filed the SSMP Compliance Status
Report dated September 24, 2008.
July 2007 - Board of Directors approved the SSMP Development Plan and Schedule.
October 2006 - Board of Directors approved the development and implementation of a
compliance program with the Sanitary Sewer System WDR Order.
ADDITIONAL INFORMATION
None
CEQA
N/A
BUDGET / PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENTS
The following attachment(s) maybe viewed on-line at the OCSD website (Mm w.ocsd.com) with the
complete agenda package and attachments:
Final WDR Audit Report dated July 31, 2015
N JA:MAE:W C:M PV:a h:pe
Page 2 of 2
FINAL WDR/SSMP Audit Report IMP
Orange County Sanitation District WDR/SSMP Audit
Subject: 2013-2014 WDR/SSMP Audit Report
Prepared for: MarcoPolo Velasco-OCSD
Prepared by: Michael Flores, David Spencer,Jennifer Duffy-HDR
Reviewed by: Eric Scherch- HDR
Date: July 31, 2015
Purpose
The purpose of this document is to report the results of the Waste Discharge Requirements
(WDR) Audit conducted for the Orange County Sanitation District (OCSD/District) covering
Calendar Years (CY) 2013 and CY 2014. This report was prepared pursuant to the
requirements included in the State Water Resources Control Board Order No. 2006-0003 —
Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (WDR). The
audit requirements are:
As part of the Sewer System Management Plan (SSMP), the Enrollee shall conduct periodic
internal audits, appropriate to the size of the system and the number of SSOs. At a minimum,
these audits must occur every two years and a report must be prepared and kept on file. This
audit shall focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance
with the SSMP requirements identified in this subsection (D.13), including identification of any
deficiencies in the SSMP and steps to correct them."
This audit serves as the District's 2015 SSMP audit. The District is in compliance with the SSMP
Program Audit element.
Background
The District is a regional sewer agency formed to address the need for sewage collection,
treatment, and disposal for 23 cities in Orange County. The District is responsible for operation
and maintenance of a sanitary sewer system that includes 366.5 miles of regional interceptor
and trunk sewers; 196.5 miles of smaller gravity sewer mains serving the City of Tustin and
other unincorporated areas of Orange County; and 15 outlying lifupump stations. The District is
in the process of reviewing ownership of regional sewers and in cases where regional sewer
convey flows from only one agency, the District has initiated a process to transfer ownership of
these sewers back to the appropriate satellite agency. The District is not responsible for
maintenance of sewer laterals. The District Board adopted an updated version of the SSMP on
March 28, 2012.
July 31,2015 1
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR/SSMP Audit
This audit reviews the period between January 1, 2013 and December 31, 2014 and is the third
WDR Audit performed to meet WDR requirements for completion of an audit a minimum of once
every two years. The previous audit was completed on April 25, 2013, ahead of the May 2, 2013
deadline. This audit assesses the current state of WDR compliance with the provisions included
in the WDR including Provision D.13, identifies any deficiencies found in the SSMP, and
recommends corrective actions. In addition, the audit provides an evaluation of SSMP
effectiveness. The District intends to use the audit results to maintain SSMP compliance and
performance in reducing sewer overflows.
HDR conducted the audit on behalf of the District through a series of meetings with District staff
involved with implementation of activities required by provisions included in Provision D.13 of
the WDR. The HDR Audit Team members and District staff supporting the audit interviews and
audit process are identified in Table 1 and Table 2.
Table 1:WDR Audit Team Members
Team Member Organization Role
MarcoPolo Velasco OCSD WDR Audit Project Manager& Subject
Matter Expert
Michael Flores HDR Lead Auditor
David Spencer HDR Technical Expert, Asset Management
Jennifer Duffy HDR Technical Expert, System Evaluation and
Capacity Assurance Plan
July 31,2015 2
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Table 2:WDR Audit Interviewees
Name SSMP Role
Alex Rampley Information and Data Management
Becky Brooks Standard Operating Procedures Data Management
Dean Fisher Engineering Manager
Dindo Carrillo Senior Environmental Specialist; Responsible for SSO Reporting
Erik Stratmoen Lead Mechanic, Collection Facilities Operations and Maintenance
Ingrid Hellebrand Responsible for Communications Program
James Cabral Maintenance Supervisor, Collection Facilities O&M
John Gonzalez Maintenance Supervisor, Collection Facilities O&M; Legally
Responsible Official
Juston Fenton Associate Engineer, Collection Facilities Contracts and
Engineering Services
Kathleen Millea Manager, Engineering Planning
Larry Jones Information and Data Management
MarcoPolo Associate Engineer, SSMP Audit Project Manager
Velasco
Mark Esquer Manager, Collection Facilities and Support Services; Authorized
Representative
Merrill Seiler Principal Environmental Specialist; Responsible for FOG Program
Michael Dorman Enigneering Supervisor
Michele Farmer Principal Environmental Specialist; Responsible to update SSMP
audit status in ECAP
Mike White Capital Improvement Funding
Nick Arhontes Director, Facilities Support Services; Legally Responsible Official
Peggy Echavarria Executive Assistant, Facilities Support Services
Robert Michaels IT Supervisor
Santiago Escobar Supervisor, Reliability
Terry Kris Supervisor—Construction Inspection
Victoria Raymond Control Center Staff
Wendy Smith Collection System Capital Improvement Planning and Asset
Management
William Cassidy Engineering Supervisor, Collection Facilities Contracts and
Engineering Services; WDR Subject Matter Expert; Responsble
for SSMP Audits
SSMP audit interviews were performed over a three-week period starting on May 19, 2015 and
concluding on June 22, 2015. The order of the audit interviews, WDR provision audited, and
District staff interviewed is documented in Table 3:
July 31,2015 3
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Table 3:Audit Meeting Attendees
Date WDR Topics Interviewees
Provision
Section
5/19/15 D.13 (i) Goal Nick Arhontes
D.13 (ii) Organization
D.13 (iii) Legal Authority
6/8/15 D.13 (vii) FOG Control Program Merrill Seiler
Mike Zedek
6/8/15 D.13 (viii) System Evaluation and Capacity Kathleen Millea
Assurance Plan Wendy Smith
6/8/15 D.13 (iv) O&M Program—Funding and Mike White
Adequate Resources and
Accounting Practices
6/9/15 D.13 (vi) Overflow Emergency Response Victoria Raymond
Plan Reporting Dindo Carrillo
6/9/15 D.13 (iv) O&M Program - Information and William Cassidy
Data Management, Decision- Alex Rampley
Making —Small Diameter
Contractor Cleaning and CCTV
6/9/15 D.13 (iv) O&M Program Standard Becky Brooks
Procedures
6/15/15 D.13 (vi) Overflow Emergency Response James Cabral
Plan—Response, Containment, Erik Stratmoen
Clean-up Mark Esquer
6/15/15 D.13 (iv) Operation and Maintenance John Gonzalez
Program—OCSD Cleaning and James Cabral
Inspection Crew
6/15/15 D.13 (iv) Operation and Maintenance Juston Fenton
Program— Field Visit— William Cassidy
Contractor Cleaning Crew
6/15/15 D.13 (v) Design and Performance Dean Fisher
Provisions Mike Dorman
Terry Kris
6/22/15 D.13 (x) Monitoring, Measurement, and William Cassidy
Program Modifications Michele Farmer
SSMP Program Audit MarcoPolo Velasco
July 31,2015 4
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Date WDR Topics Interviewees
Provision
Section
6/22/15 D.13 (iv) O&M Program—Information and William Cassidy
Data Management—Large Wendy Smith
Diameter Inspection, John Gonzalez
Assessment, and Decision- James Cabral
Making Juston Fenton
6/22/15 D.13 (iv) O&M Program—Information and John Gonzalez
Data Management— In-House James Cabral
Cleaning PM for Large and Small Juston Fenton
Diameter Pipes Robert Michaels
6/22/15 D.13 (iv) O&M Program—Information and John Gonzalez
Data Management—Pump James Cabral
Station O&M, RCM, Inspection, Santiago Escobar
Condition Assessment, and R&R Juston Fenton
Decision-Making
July 31,2015 5
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Evaluation of SSMP Effectiveness
Overall, based on analysis of the sanitary sewer overflow(SSO) trends over the past two years
and the results of the SSMP audit, the overall program for managing the sewer system has
been effective and continues to operate at a high level of perfonnance. The District has
maintained a SSO rate averaging less than 1.02 SSOs per 100 miles of sewer pipelines per
year consistently over the past two years as indicated by the 12-month rolling average SSO rate
over that period. Over the last five years, the District has consistently operated below 1.39
SSOs per 100 miles per year as shown in Figure 1.
Sewer Overflow Performance
The primary measure of the effectiveness of the SSMP is sewer overflow performance. This
section reviews the District's recent sewer overflow performance through analysis of the sewer
overflow data reported to the State Water Resource Control Board (SWRCB) California
Integrated Water Quality System (CIWQS)SSO database.
Sanitary Sewer Overflow Rate
Over the past two calendar years the District has experienced seven (7) sanitary sewer
overflows and achieved an average SSO rate of 0.59 SSOs per 100 miles of sewer pipelines
per year from Calendar Year 2013 through Calendar Year 2014. The District operates within the
Regional Water Quality Control Board's Santa Ana Region, otherwise known as Region 8. This
SSO rate is well below the average annual SSO rate during the same period of the other fifty-
two (52) Region 8 agencies that do not have sewer lateral responsibility. Figure 1 shows the
12-month rolling average of SSOs per 100 miles of pipelines per year from January 2010
through May 2015.
July 31,2015 6
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Figure 1:12-Month Rolling Average of SSOs per 100 Miles of Sewer Pipelines per Year
4.00
3.50 Audit Window
3.00
22.50
Ze
22.00
e
e
g 150
1.00
N
0.50
0.00
V Y Y z y 2 ti Y e Z Y Y e y I V Y e y T Z Y Y t
g F E E q F E E q E E q E E q E E q
g _ 19 _ 4Lg � g _ I
Month.Year
10CSD Local Sewers �DCSD Regional sewers
— All OCSD Sewers �Regim 8 Systems w/o Lateral Responsibility
One observation to note is the SSO performance of the local sewer system versus the regional
sewer system. The local sewer system is defined as the sewer systems serving the City of
Tustin and unincorporated areas of Orange County. The regional sewer system includes the
trunk pipelines, interceptors, and pump stations conveying flows from tributary sewer systems to
the treatment plant. Over the past two years, the District has maintained a 12-month rolling
average SSO rate ranging between 0.45 to 1.36 SSOs per 100 miles, which is a high level of
performance for this size class of sewers. This level of SSO performance in the local sewer
system is accomplished through a combination of an aggressive 12-month cleaning cycle,
focused 3-month and 6-month holspot cleaning, and CCTV inspection in the local sewer system
for condition assessment and quality control of contractor cleaning activities. During that same
period, OCSD has achieved an 12-month rolling average SSO rate ranging between 0 to 0.82
SSOs per 100 miles per year in the regional sewer system. The SSO rate in the regional system
has increased recently due to operator error, construction bypassing practices, and
infrastructure condition-related failure.
Number and Size of Sewer Overflows
During the period between January 1, 2013 and December 31, 2014, the District experienced
seven (7) SSOs with four(4)SSOs occurring in local sewer gravity mainlines and three (3)
SSOs occurring in the regional sewer system. Over the past five years, the District has
experienced 22 SSOs. Over the past five years, the average SSO volume for SSOs in the local
sewers has averaged at less than 400 gallons per SSO. In the last two years, this average has
July 31,2015 7
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
decreased to approximately 200 gallons per SSO. SSO volume from the regional system varies
widely from year to year and has averaged approximately 800 gallons per SSO over the last five
years. The number and volume of SSOs in the local and regional system can be seen in Figure
2.
Figure 2:Number of SSOs and SSO Volume for Local and Regional Systems by Calendar Year
7
6
5
� 4
E3
E
= 2
1
0
2010 2011 2012 2013 2014
CalanderYear
■local ■Regional
8,0D0
7,000
6,0D0
5,000
E 4,000
3,000
N 2,000
1,000
D
1 A
2010 2011 2012 2013 21314
Calendar Year
■local ■lleglonal
In the past five years, 16 out of 22 SSOs (73 percent) had volumes of less than 1,000 gallons.
Of the six (6) SSOs larger than 1,000 gallons, five (5) occurred prior to 2013. OCSD did not
experience any SSO greater than 1,000 gallons in CY 2013. Table 4 shows the number and
size of all SSOs occurring in the OCSD sewer system between CY 2010 through CY 2014. It
July 31,2015 S
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
should be noted that OCSD only experienced one SSO in Calendar Year 2013, which is an
outstanding achievement.
Table 4: Number and Size of All OCSD SSOs from CY 2010 through CY 2014
Size of SSO(gallons) CY 2010 CY2011 CY2012 CY2013 CY2014 TOTAL
Greater than 10,000 0 0 0 0 0 0
From 1,000 to 9,999 2 0 3 0 1 6
From 100 to 999 1 2 0 1 4 8
From 10 to 99 2 2 2 0 1 7
From 1 to 9 0 0 1 0 0 1
Total 5 4 6 1 6 22
Causes of SSOs
SSOs caused by roots (7), grease (3), and debris (2)accounted for approximately 55 percent of
SSOs occurring from the District's sewer system between January 1, 2010 and December 31,
2014 as shown in Table 5. Of the remaining ten (10) SSOs, three (3)were caused by pump
station-related issues, four(4)were caused by construction-related issues, and one was caused
by structural failure, one was caused by operator error, and one occurred due to an
undetermined cause.
July 31,2015 9
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Table 5:Causes of OCSD SSOs(1/112010-1213112014)
Cause of SSO Number Number Total Percent of Total
of SSO of SSOS Number
In Local in of SSOs
System Regional
System
Blockage: AW
Roots 7 0 7 31.8
Grease 3 0 3 13.6
Debris 1 1 2 9.1
Subtotal for Blocks
Pump Station-Related 0 3 3 13.6
Construction-Related 1 3 4 18.2
Structural 0 1 1 4.5
Operator Error 0 1 1 4.5
Unknown 1 0 1 4.5
Capacity-related 0 0 0 0.0
TOTAL(ALL) 13 9 22 100%
July 31,2015 10
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Review of Effectiveness of SSMP and Audit Narrative
The following sections focus on evaluating the effectiveness of each chapter of the SSMP and
provide a narrative of the audit findings.
Chapter 1 —Prohibitions and Provisions
WDR Requirement: The WDR does not require this section to be part of the SSMP.
Audit Finding: This chapter explicitly documents all of the prohibitions and provisions included
in the WDR and provides a means for the District Board to acknowledge and approve all
provisions and prohibitions included in the WDR, not just Provision D.13 that requires the
development and implementation of the SSMP.
Chapter 2 -Goal
WDR Requirement: The goal of the Sewer System Management Plan (SSMP) is to provide a
plan and schedule to properly manage, operate, and maintain all parts of the sanitary sewer
system. This will help reduce and prevent SSOs, as well as mitigate any SSOs that do occur.
Audit Finding: As stated in the OCSD SSMP, the goal of the SSMP is to provide a plan and
schedule for measures to be implemented to prevent SSOs. Overall, the programs, plans,
systems, and practices the District employs to manage, operate, and maintain the sewer system
resulted in a 12-month rolling average SSO rate that consistently remained at or below 1.19
SSOs per 100 miles of pipelines per year over the last two years. This indicates the District has
been effective with achieving this goal. The District is in compliance with the Goal element
requirement of WDR Provision D.13.
Chapter 3—Organization
WDR Requirement: The Sewer System Management Plan (SSMP) must identify.,
a. The name of the responsible or authorized representative as described in Section J of
this Order.
b. The names and telephone numbers for management, administrative, and maintenance
positions responsible for implementing specific measures in the SSMP program. The SSMP
must identify lines of authority through an organization chart or similar document with a narrative
explanation; and
C. The chain of communication for reporting SSOs, from receipt of a complaint or other
information, including the person responsible for reporting SSOs to the State and Regional
Water Board and other agencies if applicable (such as County Health Officer, County
Environmental Health Agency, Regional Water Board, and/or State Office of Emergency
Services (OES)).
Audit Finding: The District is in compliance with the Organization element requirement of WDR
Provision D.13. The District has assigned roles and responsibilities for development and
implementation of specific measures in the SSMP program. The audit did discover the following
minor issues with the SSMP Chapter 3 organization and related appendices:
July 31,2015 11
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WDR/SSMP Audit Findings FINAL
1. Titles in the Appendic C - SSMP Program Organizational Chart are not the same as
used in the Appendix C- Organizational Narrative, which causes confusion.
2. An additional position (i.e., Engineering Supervisor, Collection Facilities Division or
designee of the LRO) is included in the Appendix C - Organizational Narrative that is not
included in the SSMP Program Organizational Chart. This position is the WDR Subject
Matter Expert as defined in the District's Environmental Auditing Procedure TS-ECRA-
SOP-011 included as Appendix X1 of the SSMP and is responsible for managing the
WDRISSMP audit.
3. The Organizational Narrative incorrectly identifies the Principal Environmental Specialist
— Management Services Team as responsible for the SSMP audit, yet this position is
only responsible for updating the status of the audit in ECAP. The District should update
the Organization Narrative and SSMP Program Organizational Chart to reflect these
responsibilities.
4. James Cabral's and Wendy Smith's positions are not represented on the SSMP
Program Organizational Chart or the Organizational Narrative. Based on the audit, these
are key positions and should be represented. James Cabral's position is responsible for
pump station maintenance. Wendy Smith's position is responsible for collection system
asset management.
One of the key positions identified in the Organizational Narrative is the Engineering Supervisor,
Collection Facilities Division. This is the position responsible for leading stakeholders to review
and modify the program and measurement tools. This position is also responsible for audit
closure, which in the past was documented with an audit closure memorandum documenting all
of the decisions and corrective actions resulting from the previous audit. The person previously
assigned to this position moved to a different position in the OCSD organization and the
responsibilities appear not to have transferred in the process. This resulted in several outcomes:
1. Internal Stakeholder Meetings did not occur after the last audit resulting in reduced
accountability for addressing identified program deficiencies and updating of the SSMP.
2. The Audit Closeout Memo in Appendix Y was not updated after the 2013 WDR Audit. It
is not clear whether or how the audit findings from the previous audit were addressed.
3. The SSMP was last certified in March 2012. The amended Monitoring and Reporting
Program (Order No. WQ 2013-0058-EXEC) requires documentation of SSMP updates.
Records are not attached to the SSMP documenting all changes made to the SSMP
since its last certification indicating when subsections were changed or updated and who
authorized the change or update.
Appendix P of the SSMP contains a SSO Response Flow Chart and SSO Notification
Procedures clearly documenting the chain of communication and notifications.
July 31,2015 12
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WDR/SSMP Audit Findings FINAL
Chapter 4— Legal Authority
WDR Requirement: Each Enrollee must demonstrate, through sanitary sewer system use
ordinances, service agreements, or other legally binding procedures, that it possesses the
necessary legal authority to:
a. Prevent illicit discharges into its sanitary sewer system (examples may include 1/1,
stormwater, chemical dumping, unauthorized debris and cut roots, etc.);
b. Require that sewers and connections be property designed and constructed;
C. Ensure access for maintenance, inspection, or repairs for portions of the lateral owned
or maintained by the Public Agency;
d. Limit the discharge of fats, oils, and grease and other debris that may cause blockages,
and
e. Enforce any violation of its sewer ordinances.
Audit Finding: The District is in compliance with the Legal Authority requirement of the WDR
Provision D.13. The District has ordinances and design guidelines providing the District with the
authority to prevent illicit discharges, require sewers be properly designed, limit discharge of
fats, oils, and grease, and enforce violations of sewer ordinances. Table 6 identifies linkages to
the District Ordinances and Engineering Design Guidelines for each of the legal authority
requirements.
Section 4.1 (c) of the SSMP discusses access for maintenance, inspection, or repairs for
portions of the lateral owned by OCSD. This section misses an opportunity to clearly state that
the District does not own and is not responsible for maintenance of the laterals connecting
private buildings to local sewers and therefore does not require access for maintenance,
inspection, or repairs of those laterals.
OCSD claims responsibility for maintaining and repairing the first four feet of local satellite
agency pipelines connecting to OCSD sewers. In most cases, a satellite agency's pipeline
connects to the District's sewer system at an OCSD structure providing the District with access
to the portion of local agency sewer OCSD is responsible for maintaining and repairing.
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WDR/SSMP Audit Findings FINAL
Table 6:Summary of OCSD Legal Authorities
Requirement District Engineering Design Meets
Ordinances Guidelines or WDR
Connection Permit Require-
ments?
GENERAL
Prevent illicit discharges into the wastewater OCSD-39,201 Yes
collection system
Limit the discharge of fats, oils, and grease OCSD-25,2.2 Yes
and other debris that may cause blockages
Require that sewers and connection be Chapter 12.2& 12.3 Yes
properly designed and constructed
Require proper installation, testing, and Chapter 12.4 Yes
inspection of new and rehabilitated sewers Project specs for
rehabilitated sewers
LATERALS
Clearly define District responsibility and District references Sewer Connection Yes
policies California Civil Application and Permit
Code 831. for Construction
Ensure access for maintenance, inspection, or Not applicable. District does not own, operate, or
repairs for portions of the service lateral maintain any portion of service laterals connecting
owned or maintained by the District private buildings to local sewers.
Control infiltration and inflow (1/1) from private OCSD-39,203 Yes
service laterals
FOG SOURCE CONTROL
Ir
Installation of grease removal device(GRE) OCSD-25, 2.5 Yes
Design standards for GRE OCSD-25,4.2-4.3 Yes
Maintenance and BMP requirements OCSD-25, 2.4& Yes
3.3 &4.5-4.6
Record keeping and reporting OCSD-25, 3.3& Yes
5.1
Authority to inspect grease producing facilities OCSD-25, 5.2-5.3 teaENFORCEMENT
Enforce any violations of sewer ordinances OCSD-25,Article Sewer Connection
6 Application Permit for
Construction
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WDR/SSMP Audit Findings FINAL
Chapter 5—Operation and Maintenance Program
WDR Requirement: The Sewer System Management Plan (SSMP) must include those
elements listed below that are appropriate and applicable to the Enrollee's system:
a. Maintain an up-to-date map of the sanitary sewer system, showing all gravity line
segments and manholes, pumping facilities, pressure pipes and valves, and applicable
stormwater conveyance facilities;
b. Describe routine preventive operation and maintenance activities by staff and
contractors, including a system for scheduling regular maintenance and cleaning of the sanitary
sewer system with more frequent cleaning and maintenance targeted at known problem areas.
The Preventative Maintenance (PM)program should have a system to document scheduled and
conducted activities, such as work orders;
C. Develop a rehabilitation and replacement plan to identify and prioritize system
deficiencies and implement short-term and long-term rehabilitation actions to address each
deficiency. The program should include regular visual and TV inspections of manholes and
sewer pipes, and a system for ranking the condition of sewer pipes and scheduling
rehabilitation. Rehabilitation and replacement should focus on sewer pipes that are at risk of
collapse or prone to more frequent blockages due to pipe defects. Finally, the rehabilitation and
replacement plan should include a capital improvement plan that addresses proper
management and protection of the infrastructure assets. The plan shall include a time schedule
for implementing the short- and long-term plans plus a schedule for developing the funds
needed for the capital improvement plan;
d. Provide training on a regular basis for staff in sanitary sewer system operations and
maintenance, and require contractors to be appropriately trained;and
e. Provide equipment and replacement part inventories, including identification of critical
replacement parts.
Audit Finding: The District is in compliance with the Operation and Maintenance Program
element of WDR Provision D.13. The primary measure of the effectiveness of the operation and
maintenance program is SSO performance improvements over time. The District has sustained
a 12-month rolling average SSO rate in the sewer system of less than 1.39 SSOs per 100 miles
of sewer pipelines per year over the last five years, placing OCSD in the category of high-
performing sewer systems. The Operation and Maintenance Program is a key contributor to the
high level of SSO performance achieved in the last five years through the following efforts:
• An aggressive sewer cleaning program in the local sewer system focusing on
pipelines with historical maintenance issues and cleaning of all pipes less than or
equal to 39 inches in diameter at least once per year;
o Cleaning of known trouble spot sewer segments on a 1-month or 3-month
cleaning schedule.
o Quality control inspections of up to 30 percent of segments cleaned by the
contractor.
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• A five-year cleaning cycle for all regional sewers, less than or equal to 42-inch
diameter, and more frequent cleaning of known problem regional sewer pipe
segments. Trouble spots and siphons are cleaned every 4 weeks to 3 months based
on historical cleaning needs, which may include pipe segments larger than 42-inch
diameter.
• CCTV inspection of all pipes with sewer overflows, blockages, or severe
maintenance issues to determine an appropriate maintenance strategy and identify
repair or rehabilitation needs.
• Systematic CCTV inspection of the sewer system on an 7-year cycle beginning with
the problematic and older portions of the system. This systematic approach enables
OCSD to identify structural deficiencies in the early stages of deterioration and to
monitor these deficiencies and determine appropriate corrective actions.
• A well developed collection system asset management program documenting
assumed fife expectancies for collection system assets and projecting future
refurbishment and replacement funding to maintain level of service goals. Based on
this effort, the District has the funding in place to perform the repair, rehabilitation,
and replacement as necessary to address system condition-related deficiencies.
• Well-trained Collection system employees with all employees above the Maintenance
Worker classification maintaining CWEA Collection System Maintenance
certifications at or above levels required for their position.
• Accurate and up-to-date mapping of the sewer system to support SSO response and
preventive maintenance activities. District response crews also have access to
stormwater drainage system mapping to support sewer overflow response and
recovery.
• A pump station maintenance and inspection program with a well-defined
maintenance schedule, documented standard operating procedures, checklists, and
daily SCADA data review.
Operations and Maintenance Program deficiencies include:
• CCTV Database— In October 2014, the District's MS Access CCTV database exceeded
the database size limit and would not accept any new records. The District is in the
process of creating a Request for Proposals to purchase a off-the-shelf CCTV software
to serve as the future repository of CCTV inspection data. In the meantime, CCTV data
collected is being summarized for each inspection and loaded into a spreadsheet.
According to staff, almost all CCTV data collected is Coded using PACP coding
standards. A quick review of the MS Access CCTV Database tables indicates the table
structure and database format is not currently in PACP database format. OCSD will
need to transform that data into a format that can be migrated into the future CCTV
repository database.
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Other observations and opportunities related to the Operations and Maintenance Program
include:
• In January 2015, the District implemented Maximo Computerized Maintenance
Management System (CMMS) to plan, schedule, and document maintenance
activities performed on the sewer system as well as to support documentation of
important information collected during maintenance by asset. The District utilized
Cassworks CMMS up until January 2015 to document collection system
maintenance activities. The District's Maximo implementation is still in the early
stages of implementation. Staff provided a review of how the Maximo CMMS
implementation is used to manage collection system maintenance activities and it
appears that the information collected and Maximo's ability to support OCSD's
maintenance program is superior to the CassWorks CMMS implementation. OCSD
did not provide data collected to date in the Maximo CMMS, therefore feedback on
the accuracy, completeness, and usefulness of the data collected in Maximo CMMS
cannot be provided at this time.
• The 12-month cleaning schedule for all local sewer system pipes over the past four
years has resulted in a significant amount of data regarding every sewer segment in
the local sewers including:
o Four or more recent completed cleaning work orders with maintenance
feedback indicating type and severity of material found during cleaning.
o One CCTV inspection focused on condition assessment and potentially a
second inspection for cleaning quality control.
The District has the opportunity to analyze this data to optimize cleaning frequencies
for local sewer system pipes.
• During interviews staff indicated that trouble spot pipe schedules are regularly added,
removed, or modified as conditions warrant. For example, H a trouble spot pipe routinely
comes back dirty(based on contractor input or data), staff may will consider cleaning it
more often. Conversely, if the pipe routinely comes back clean, staff will consider
cleaning it less often. OCSD should consider tracking a metric to identify the number of
schedule changes made over time.
• Internal vs SSMP Goals - Some of OCSD's internal goals have changed and are now
more aggressive than those documented in the SSMP. For example, OCSD's pipe
inspection goal has changed from 7 years to 5 years and goals for manhole inspections
are now set at 2 years. OCSD should consider updating these goals in the SSMP.
OCSD may want to defer making these changes until performance metrics to track
achievement of these goals is in place.Risk Assessment—OCSD does not currently
have a means to continuously update collection system risk as new CCTV data is
collected. This has evolved from being a best management practice to becoming a
standard industry practice. For example, NASSCO recently incorporated a risk
assessment methodology into the PACP standard. Also, off-the-shelf software with risk
assessment functionality is readily available in the wastewater industry marketplace.
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OCSD should evolve to towards having a continuously updated risk assessment for all
pipes in the sewer system. One of the primary sources of likelihood of failure data is
CCTV inspection data. As CCTV inspection data is collected and synchronized into
OCSD's future CCTV repository database, OCSD will have the opportunity to update
asset risk scoring to support maintenance and renewal decision-making. This can start
with an update of the risk assessment framework, collection of consequence of failure
data, and assessment of asset consequence of failure. OCSD can also begin to evaluate
information system options for implementing a means to assess risk continuously.
• Decision-Making Guidelines—OCSD currently evaluates the maintenance and renewal
needs of sewer pipelines on a case-by-case basis. OCSD has the opportunity to develop
a standardized approach to evaluating maintenance and CCTV data and determine
maintenance and renewal actions (i.e., repair, replace, CIPP, upsize, etc.)to address
asset deficiencies as maintenance and CCTV data is collected. OCSD also has the
opportunity to implement information analysis tools to support maintenance and renewal
decision-making and documentation.
• Estimating Renewal Needs—OCSD has estimated long-term asset renewal needs and
has incorporated these estimates into OCSD's budget and rate structure. These
estimates were based on assumptions for useful life of collection system assets. OCSD
has condition data for almost all collection system assets. OCSD should consider using
this data to calculate actual asset reliability rates using available CCTV inspection data
and then updating the renewal needs funding forecast. OCSD can then begin to
understand whether the current funding level is adequate to sustain desired service
levels and risk tolerances.
• CCTV Inspection Schedule—OCSD has collected CCTV inspection data for almost all
collection system gravity mainline assets. OCSD should consider moving towards a risk-
based CCTV monitoring schedule for future inspections. High-risk pipes would be
inspected more frequently (e.g. 5 to 10-year schedule) and low risk pipes less frequently
(e.g., 10 to 20 year schedule).
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Chapter 6—Design and Performance Provisions
WDR Requirement:
a. Design and construction standards and specifications for the installation of new sanitary
sewer systems, pump stations and other appurtenances; and for the rehabilitation and repair of
existing sanitary sewer systems; and
b. Procedures and standards for inspecting and testing the installation of new sewers,
pumps, and other appurtenances and for rehabilitation and repair projects.
Audit Finding: The District is in compliance with the Design and Performance Provisions
elements of WDR Provision D.13 and has appropriate design and construction standards and
specifications as well as procedures and standards for inspection and testing of new sewers
and rehabilitation and repair projects.
• The District has implemented a process to continually update design and construction
standards and specifications.
o The District has formed an Engineering Department Advisory Council responsible
for review and approval of design and construction standards.
o Project managers for design and construction projects are required to provide a
"lessons learned" report at the end of a project, which may include recommended
changes to standard and specifications.
o OCSD has a process in place for any staff member to provide input using an
Engineering Field Feedback form and the Sharepoint document management
system.
o Standards have an assigned editor and an assigned owner. Changes are
processed by a Standards Custodian, editors, and owners with processes for
technical review and approval.
o The District is considering changing how specifications are assigned to design
staff to improve the update process. The process will enable staff to send
comments on specifcations to both custodian and owner. The District should
document this process change in the SSMP once implemented.
• One of the recent improvements to the design standards is the requirement for design
consultants to develop a bypassing plan for construction projects. In the past, the
bypassing plan was developed during the construction phase of the project by the
contractor. This is now developed during infrastructure design and included in the bid
documents for the construction project.The District has developed a specification for
temporary handling of flow during construction projects. Contractors are required to
develop a spill response plan.
One opportunity for improvement was identified during the audit:
• Contractors are required to perform a quality assurance/quality control inspection of
pipelines after construction work is completed. In the past, the District would then
perform a baseline CCTV inspection. On some projects, the District is having the
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contractor perform the baseline inspection. According to staff, OCSUS specification for
the contractor (Spec 2730) does not require a PACP inspection. OCSD should update
contractor specifications to require PACP inspection if the inspection is going to be used
as a baseline inspection.
Chapter 7—Overflow Emergency Response Plan
WDR Requirement: Each Enrollee shall develop and implement an overflow emergency
response plan that identifies measures to protect public health and the environment. At a
minimum, this plan must include the following:
a. Proper notification procedures so that the primary responders and regulatory agencies
are informed of all SSOs in a timely manner;
b. A program to ensure an appropriate response to all overflows;
C. Procedures to ensure prompt notification to appropriate regulatory agencies and other
potentially affected entities (e.g. health agencies, Regional Water Boards, water suppliers, etc.)
of all SSOs that potentially affect public health or reach the waters of the State in accordance
with the MRP. All SSOs shall be reported in accordance with this MRP, the California Water
Code, other State Law, and other applicable Regional Water Board WDRs or NPDES permit
requirements. The Sewer System Management Plan (SSMP) should identify the officials who
will receive immediate notification;
d. Procedures to ensure that appropriate staff and contractor personnel are aware of and
follow the Emergency Response Plan and are appropriately trained;
e. Procedures to address emergency operations, such as traffic and crowd control and
other necessary response activities;and
f. A program to ensure that all reasonable steps are taken to contain and prevent the
discharge of untreated and partially treated wastewater to waters of the United States and to
minimize or correct any adverse impact on the environment resulting from the SSOs, including
such accelerated or additional monitoring as may be necessary to determine the nature and
impact of the discharge.
Audit Finding: The District is in compliance with the Overflow Emergency Response Plan
requirement of WDR Provision D.13. The District has developed and implemented an overflow
response capability, procedures, and training program to effectively respond to SSOs and to
promptly communicate and notify responsible personnel and regulatory authorities as
necessary. The Control Center staff has developed a training binder for training new Control
Center staff on how to appropriately document and communicate customer calls for potential
SSO events.
The Control Center receives all calls to the District and is operated by a combination of full-time
Control Center staff and treatment plant operations staff. Events are tracked in a Log Book and
then transferred into CIWQS. In the past, service requests were created in CassWorks CMMS
and are now created in Maximo CMMS. As soon as an SSO is confirmed by OCSD crews, the
Control Center will send out a spill notification, which is transmitted via e-mail and text.
Environmental Compliance is responsible for managing the notification e-mail distribution. The
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recipients of the notification are responsible for reviewing, determining if action is needed, and
responding to the event. Recipients will call Environmental Compliance or the Control Center to
gather more information if necessary to determine if action is needed.
Collection system maintenance crews are responsible for responding to the spill and addressing
the event following spill response standard procedures. The crew will provide documentation of
the event on a spill response field report along with pictures and other documentation as
required. Documentation for the event, including maps, pictures, e-mails, and the field report is
compiled by Facilities Support Services Division staff and entered into CIWQS as a draft report.
Documentation for the SSO report is stored in the ECAP database. The spill volume for the
event will be calculated by Facilities Support Services staff, unless the spill was caused by
contractors working for another department. In this case the contracting department is
responsible for calculating the spill volume. Environmental Compliance staff will perform a
quality control review of the draft SSO report in CIWQS and will signify completion by changing
the status to 'Ready to Certify'. The Collection Facilities and Support Services Manager or
Collection System Maintenance Supervisor are primarily responsible for final certification of
CIWQS SSO reporting. The Facility Support Services Director and OCSD General Manager are
also able to certify SSO reporting in CIWQS, if required. In some cases, the SSO volume
estimate may be revised after the SSO report is originally certified in CIWQS. In this case, the
LRO will be notified to and the SSO report will be updated per CIWQS SSO reporting revision
quidelines and process.
During the audit interviews, the audit team selected three SSO reports randomly and reviewed
reporting with OCSD staff during the audit interviews. SSO reporting for CIWQS SSO Event ID
797060, 808299, and 811188 were reviewed. Documentation for these SSOs including the
initial call, field report, spill volume calculation, and certified CIWQS SSO report were stored in
ECAP following reporting protocols. A detailed review of the CIWQS report for each of these
SSOs noted the following:
• CIWQS Spill ID 797060: Reports spill volume of 105 gallons with 0 gallons recovered
and 38 gallons reaching surface waters. Final Spill Destination Explanation notes a
portion of the spill had a final destination of "Native Soil". The audit team assumes this
means a portion the spill was discharged to land. The volume discharged to land is
shown as 0 gallons. Upon subsequent inquiry, staff explained the report was submitted
prior to CIWQS updates that would have provided the data entry field to document
discharges to land and therefore was properly documented at the time of submission.
• CIWQS Spill ID 808299: Reports spill volume of 262 gallons with 262 gallons reaching
land and 100 gallons recovered. The Final Spill Destination is indicated as Street/Curb
and Gutter. The audit team assumes that 162 gallons soaked into the pavement or
evaporated. The report does not include an explanation of the final spill destination to
indicate what happened with the remaining 162 gallons. OCSD should consider
including an explanation to clarify the final spill destination, as appropriate, in future
reporting.
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• CIWQS Spill ID 811188: Reports spill volume of 750 gallons with 300 gallons reaching
surface waters and 450 gallons discharged to land. It is unclear whether the 450 gallons
remained in the construction excavation hole and soaked into the ground. The report
does not include an explanation of the final spill destination to indicate what happened
with the 450 gallons discharged to land. OCSD should consider including an explanation
to clarify the final spill destination, as appropriate, in future reporting.
The audit team reviewed the Overflow Emergency Response Plan documentation provided in
the SSMP and observed the following deficiencies:
• SSMP Chapter 7 - SSMP Chapter 7 does not reference notification procedures and
response protocols for sewer overflows caused by contractors working for the District.
The District requires contractors to develop a Spill Prevention and Countermeasure
Control Plan (SPCC Plan), which is not mentioned in the SSMP. The section should
reference the District's requirement for contractors to develop a Spill Prevention and
Countermeasure Control Plan in Chapter 7 of the SSMP and in SSMP appendices as
applicable. If an SPCC Plan is not always required, then described any spill notification
and response protocols required by the District or guidance provided by the District to
contractors in the event an SSO occurs due to their activities.
• 870-GEN-01 & 870-GEN-08 - The 870-GEN SSO response procedures are referenced
but not included in the SSMP. These SOPS are key components of the Overflow
Emergency Reponse Plan. The District should consider including these SOPS in the
Volume II Appendix documents.
• Appendix P2— Environmental Compliance SSO Response Procedure: Appendix P2
was last updated on February 10, 2011. On July 30, 2013, the State Water Resources
Control Board issued Order No. WQ 2013-0058-EXEC amending the monitoring and
reporting program for the WDR. Changes to the monitoring and reporting program are
not reflected in Appendix P2. The OCSD website does include Sanitary Sewer Overflow
Reporting Guidelines dated February 10, 2015 that do reflect changes in the monitoring
and reporting program, yet these are not referenced in the SSMP. Staff has completed
an update of the procedure and is awaiting final approval. Upon final approval, staff will
update Appendix P2 on the OCSD website.
• Appendix P3 — SSO Notiffcation Procedures: Appendix P3 was last updated on
August 15, 2012. The document should be updated to reflect changes in monitoring and
reporting requirements amended on July 30, 2013. For example, under the
responsibilities overview, responsibilities for Category 1 and 2 SSOS are discussed, yet
not for Category 3 SSOs. Staff has completed an update of the procedure and is
awaiting final approval. Upon final approval, staff will update Appendix P3 on the OCSD
website.
• Appendix R — SSO Spill Estimation and Simulation Training: Appendix R was last
updated on November 11, 2011. The OCSD website posts a Sewer Spill Estimation
Guide that contains a more comprehensive set of spill volume estimation methods along
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with a more detailed narrative description for how to utilize these methods. The SSMP
should be updated to reference or incorporate this new information.
With regards to spill response capabilities and training, OCSD has more than adequate training,
equipment, and supplemental contractor support available to address large and complex sewer
overflow events, if they occur. OCSD has created an SSO training facility and provides access
to the facility for use by other agencies in the region. The Lido force main break is a good
example of the ability of OCSD to manage a complex SSO response that incorporated a
combination of OCSD staff to contain and manage flow, contractor bypass pumping, contractor
traffic control, contractor CCTV, and contractor engineering support to solve the issue and
repair the force main.
Chapter S—FOG Control Program Plan
WDR Requirement: Each Enrollee shall evaluate its service area to determine whether a FOG
control program is needed. If an Enrollee determines that a FOG program is not needed, the
Enrollee must provide justification for why it is not needed. If FOG is found to be a problem, the
Enrollee must prepare and implement a FOG source control program to reduce the amount of
these substances discharged to the sanitary sewer system. This plan shall include the following
as appropriate:
a. An implementation plan and schedule for a public education outreach program that
promotes proper disposal of FOG;
b. A plan and schedule for the disposal of FOG generated within the sanitary sewer system
service area. This may include a list of acceptable disposal facilities and/or additional facilities
needed to adequately dispose of FOG generated within a sanitary sewer system service area;
C. The legal authority to prohibit discharges to the system and identify measures to prevent
SSOs and blockages caused by FOG;
d. Requirements to install grease removal devices (such as traps or interceptors), design
standards for the removal devices, maintenance requirements, BMP requirements, record
keeping and reporting requirements;
e. Authority to inspect grease producing facilities, enforcement authorities, and whether the
Enrollee has sufficient staff to inspect and enforce the FOG ordinance;
f. An identification of sanitary sewer system sections subject to FOG blockages and
establishment of a cleaning maintenance schedule for each section; and
g. Development and implementation of source control measures for all sources of FOG
discharged to the sanitary sewer system for each section identified in (0 above.
Audit Finding: The District is in compliance with WDR requirements for a FOG Control
Program and has a very effective program consisting of the following components:
• Consistent and effective source control of active permitted food service establishments
(FSEs).
• Implementation of GIS information tools to support FOG investigations.
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• Aggressive sewer cleaning of all areas known to have a history of FOG issues.
• An effective public outreach education program for proper disposal of FOG through
education at public events, website, social media, and newletlers. The District increases
promotion prior to holiday events where grease can be an issue (e.g., Thanksgiving and
Christmas holidays).
• A FOG ordinance providing adequate FOG enforcement authorities.
• Adequate staffing to accomplish FOG program inspections and enforcement as required.
• Close coordination between source control and collection system operations and
maintenance staff to investigate FOG issues and determine appropriate source control
and maintenance corrective actions to address issues.
Since January 2010, the District has only experienced three (3) grease-related SSOs with only
109 gallons spilled. Grease-related SSO contribute 0.17 SSOs per 100 miles per year on
average in the District's sewer system overall. All of the grease-related SSOs are occurring in
the local sewer system. Grease-related SSOs in the local sewer system contribute 0.51 SSOs
per 100 miles per year in that portion of the sewer system and over the past two years have not
contributed any SSOs. Overall, this is an indicator that the current FOG Control Program is
effective at controlling grease issues in the sewer mainlines. Table 7 shows the number of
grease-related SSOs in the District's sewer system since 2010.
Table 7:Grease-Related SSOs
Year 2010 2011 2012 2013 2014 2015 1 Total
YTD
Number of Grease-related SSOs 1 1 1 0 0 0 3
Chapter 9—System Evaluation and Capacity Assurance Plan
WDR Requirement: The Enrollee shall prepare and implement a capital improvement plan
(CIP) that will provide hydraulic capacity of key sanitary sewer system elements for dry weather
peak flow conditions, as well as the appropriate design storm or wet weather event. At a
minimum, the plan must include:
a. Evaluation:Actions needed to evaluate those portions of the sanitary sewer system that
are experiencing or contributing to an SSO discharge caused by hydraulic deficiency. The
evaluation must provide estimates of peak flows (including flows from SSOs that escape from
the system) associated with conditions similar to those causing overflow events, estimates of
the capacity of key system components, hydraulic deficiencies (including components of the
system with limiting capacity) and the major sources that contribute to the peak flows associated
with overflow events;
b. Design Criteria: Where design criteria do not exist or are deficient, undertake the
evaluation identified in (a) above to establish appropriate design criteria; and
C. Capacity Enhancement Measures: The steps needed to establish a short- and long-term
CIP to address identified hydraulic deficiencies, including prioritization, alternatives analysis,
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and schedules. The CIP may include increases in pipe size, 1/1 reduction programs, increases
and redundancy in pumping capacity, and storage facilities. The CIP shall include an
implementation schedule and shall identify sources of funding.
d. Schedule: The Enrollee shall develop a schedule of completion dates for all portions of
the capital improvement program developed in (a)-(c) above. This schedule shall be reviewed
and updated consistent with the Sewer System Management Plan (SSMP) review and update
requirements as described in Section D. 14.
Audit Finding: Overall, the District's approach to system evaluation and capacity assurance
has proven to be effective, as evidenced by no capacity-related SSOs occurring since before
January 2007. The District is in compliance with the System Evaluation and Capacity
Assurnance element of the SSMP.
The District performed a system evaluation and capacity assurance analysis and developed a
plan to address deficiencies identified as part of the 2006 Strategic Plan Update in 2006. This
analysis was reviewed and updated as part of the development of the 2009 Facilities Plan. The
evaluation performed as part of the 2006 Strategic Plan Update identified design criteria for
system evaluation and capacity assurance. Projects identified to address capacity issues in
2006 were reviewed in 2009 and in some cases were eliminated or deferred indefinitely due to
revisions in flow projections or corrections/changes to the modeled network.
OCSD has implemented activities to manage flows in areas with known capacity issues.
Activities to manage flows include flow diversion, flow bypass, and field monitoring by OCSD
staff during high flow events. Flow management protocols are also incorporated into the District
emergency response procedures. The District has also incorporated high flow scenarios in
emergency response preparedness exercises.
The District should consider developing a plan or process for field monitoring, or documenting
on-going flow management and field monitoring activities, of current potential hydraulic
deficiencies that are not scheduled for corrective action via CIP projects . Since surcharging or
overflows are generally not expected to occur in these sewers, except under extreme rainfall
events exceeding the design storm, monitoring should focus on wet weather periods exceeding
design storm conditions. One monitoring approach is to install inexpensive passive surcharge
monitors that record only the highest water level, and check and re-set them only after major
storm events. A single strategically-place monitor should be adequate for each deferred project.
Use the findings from the monitoring program to make decisions on if and when to implement
the related capacity projects.
The SSMP and referenced documents such as the 2006 Strategic Plan Update, the 2009
Facilities Plan, and Fiscal Year Budgets describe capital improvement projects for capacity
enhancement. Some of the identified projects have been completed and others deferred for a
variety of reasons. It is not easy to determine the status of each project because the information
is contained in various documents. The District should consider updating the table in Appendix
M that lists all the capacity-related CIP projects that were identified in the 2006 Strategic Plan
Update, the 2009 Facilities Plan, or in other studies. Include the original source of the
recommendation to perform the project. Document the schedule and status of each project. For
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projects that have been deferred and/or are not currently included in the District's CIP, the table
should include the reason for the deferral (e.g., reduced flows, lower growth projections,
acceptable level of risk, etc.). This table should be updated annually and included in the SSMP.
Evaluation
OCSD's Capital Improvement Program is updated annually, in the fall for budgeting purposes.
The updates includes a validation of the hydraulic model, adding any new conditions that have
occurred over the past year. The model is validated against any recent wet weather events,
however in recent years there have been only minor storms. The District uses long term flow
information from before 2006. A climate change study is currently underway to assess impacts
on their system. The District anticipates performing a comprehensive update of the Sewer
Master Plan starting in 2016. The District is planning to include an I&I evaluation and
monitoring of dry weather flows to re-calibrate the hydraulic model.
OCSD has seen a decrease in sewage flows associated with economic conditions and water
conservation efforts of the local water agencies. OCSD also has very strict/robust bypass
requirements for construction projects, to minimize risk of spills. OCSD does permit dry weather
urban run off diversions, which are assessed for hydraulic flow and capacity issues and
approved on a case by case basis.
Once a project is identified to address a capacity deficiency by the OCSD Planning Division, the
project moves to the Design group for prioritization. The schedule and budget for that project is
managed by Division 750 (Project Management).
Operational changes can impact capacity availability, e.g. diversion of sewage from one service
area to another. The Hydraulic Model is run in those cases to assess ability of the system to
handle diverted flows.
Design Criteria
Design criteria are stated in Appendix M for the evaluation and redesign of existing pipe. Design
criteria cover the depth to diameter ratio and allowable surcharge based on depth of pipe, using
a 10-year design storm. OCSD's design criteria represent the goal for the project, and during
design or redesign, that goal is sometimes not attainable due to the specific site conditions.
Those issues are brought to the attention of the Design Group Managers and any variances
from the design criteria are discussed and documented in a technical memorandum.
Capacity Enhancement Measures
OCSD maintains a short and long term CIP, prioritized in the schedule based on need and
available funding. Priorities are checked annually during the budgeting process. Project
justification descriptions identify whether a project is capacity related, or partially capacity
related.
In 2006, OCSD established Ordinance OCSD-27, which instituted a consolidated revenue
district and applies fees and charges uniformly throughout the service area, with the exception
of IRWD (Revenue Area 14) which is fully funded by IRWD. OCSD uses an empirical model to
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distribute its available revenues among projects, and develop schedules for the CIP
components.
Schedule
The CIP is updated annually. The most recent update is dated October 2014 and is included in
the current version of the SSMP posted to the OCSD website. The list indicates the reference
number and name of the project and anticipated fiscal year for the start of the project. Those
projects that have been started are noted as on-going. OCSD uses an empirical model to
distribute its available revenues among projects, and develop schedules for the CIP
components.
Chapter 10—Monitoring, Measurement, and Program Modifications
WDR Requirement: The Enrollee shall.,
a. Maintain relevant information that can be used to establish and prioritize appropriate
Sewer System Management Plan (SSMP) activities;
b. Monitor the implementation and, where appropriate, measure the effectiveness of each
element of the SSMP;
C. Assess the success of the preventative maintenance program;
d. Update program elements, as appropriate, based on monitoring or performance
evaluations;and
e. Identify and illustrate SSO trends, including: frequency, location, and volume.
Audit Findings: The District is maintaining relevant information that is used to establish and
prioritize appropriate SSMP activities. The District is out of compliance with the WDR MRP
requirements since a log has not been created documenting the changes to the SSMP
occurring since September 9, 2013, the date the amended Monitoring and Reporting Program
requirements (WQ 2013-0058-EXEC) went into effect requiring changes to the SSMP to be
documented in a log and attached to the SSMP.
Overall SSMP Performance: The primary indicators utilized to measure and monitor the
success of SSMP implementation include the following performance indicators:
• SSOs per 100 miles per year: Goal is less than 2.1 SSOs per 100 miles per year
• Time to contain flow: Goal is to contain SSOs within 5 hours.
• SSO response time: Goal is to respond to all SSOs within 1 hour of notification.
Each of these indicators are tracked and communicated to the District Managers and District
Board monthly. Organizational units responsible for various SSMP elements and SSMP
activities are tracking relevant data required to manage operational units, SSMP programs, and
system performance.
Operations and Maintenance Program: In January 2015, the District began tracking and
assessing the success of operations and maintenance work activities using the Maximo
Computerized Maintenance Management System (CMMS). The District has a standard
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Collections Metrics Report that summarizes work order data for various maintenance activities
to support overall management of collection system maintenance. CCTV inspection data is
stored in a CCTV repository database. Pump station reliability data is stored in separate
reliability software database. The manager of the Division 340 - Facilities and Support Services
Division (FSSD) meets with supervisors responsible for all aspects of the collection system
maintenance program individually every two weeks and as a management team every two
weeks to discuss status of activities assigned, upcoming activites, issues, etc. Through these
meetings, activities between various maintenance units are coordinated. The success of the
preventive maintenance program is being discussed at some level on a weekly basis.
Appendix 11 of the SSMP entitled Preventative Maintenance Program, specifies collection
system maintenance output goals. These goals are summarized in Table 8. Staff indicated
verbally that these commitments are being achieved, yet data, at the time of the audit, was not
readily available to validate this. Moving forward, OCSD may want to focus efforts on improving
the ability to provide documentation verifying SSMP commitments are being achieved. As
OCSD's implementation of new information systems used to track maintenance activities
continues to mature, OCSD should consider developing performance metrics and reporting
systems to track achievement of these goals on a monthly basis.
Table 8:Summary of Maintenance Outputs Specified in SSMP Appendix 11 —Preventive Maintenance
Program
Activity Frequency(months)
Asset Type Cleaning Inspection Exercise
Gravity Pipe 12-inches and smaller Higher risk 12 60
Lower risk 18 60
Greater than 12-inches and less than or
equal to 42-inches 60 84
Greater than 42-inches Note 1 84
Siphons and trouble spot gravity pipe 1 to 9
Manholes Note 2
Pressure sewers Isolation valves 3
and Pumping Air/vacuum release valves
Facilities 6
Note 1:Cleaned as required based on CCTV results.
Note 2:Manholes are inspected as part of gravity sewer inspection
Overflow Emergency Response: In addition to the SSO response activities tracked in the
Cassworks CMMS and now the Maximo CMMS, the District relies on the SWRCB CIWQS
database to store SSO event and reporting data. Supporting SSO documentation (pictures,
forms, calculations, etc.) is stored on a District server.
Fats, Oils, and Grease Control Program: FOG Program inspection information is tracked in
the District's FOG Program database. This database tracks all active FOG Program permits,
scheduled inspections, follow-up inspections, inspection results, FOG program violations, and
enforcement activities.
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Sewer Repair, Rehabilitation and Replacement Program: Historically, the District tracked
sewer repair activities in the CassWorks CMMS, and currently is tracking sewer repairs using
the Maximo CMMS. Sewer rehabilitation and replacement is tracked in the GIS as part of the
GIS update process. Prior to the GIS update, rehabilitation and replacement of specific assets is
tracked by project either by Engineering or Contracts Support Services.
System Evaluation and Capacity Assurance Program: The District tracks the implementation
of system evaluation and capacity assurance program recommendations on a project by project
basis. These projects are being implemented over a long-term horizon and tracking is
documented in the SSMP in Appendix M, Table 1-3. The technical memorandum was last
updated on October 8, 2014.
Asset Management Improvement Program: The District has an active Asset Management
Improvement Program with long-term, medium-term, and short-term strategies for managing
asset reliability. OCSD is currently developing and implementing the processes required to more
accurately predict funding required for long-term asset reliability and sustainability. The District's
current long-term funding predictions are based on best professional judgement at this time. In
the medium-term, CIP funding is reviewed annually based on the projects identified and
prioritized to address system reliability needs. In the short-term, projects are delivered by either
a maintenance unit, Facilities Engineering Division, of the Engineering Department depending
on urgency, scope, and priority. The District has a Clearinghouse committee that coordinates
project delivery between the various groups.
Program Modifications: The SSMP was last certified in March 2012. The amended Monitoring
and Reporting Program (Order No. WQ 2013-0058-EXEC) requires documentation of SSMP
updates. Records are not attached to the SSMP documenting all changes made to the SSMP
since its last certification indicating when subsections were changed or updated and who
authorized the change or update. OCSD should document all changes to the SSMP that have
occurred since September 9, 2013, when the amended Monitoring and Reporting Program
went into effect, and attach the log to the SSMP.
Chapter 11 —SSMP Program Audits
WDR Requirement: As part of the SSMP, the Enrollee shall conduct periodic internal audits,
appropriate to the size of the system and the number of SSOs. At a minimum, these audits
must occur every two years and a report must be prepared and kept on file. This audit shall
focus on evaluating the effectiveness of the SSMP and the Enrollee's compliance with the
SSMP requirements identified in this subsection (D.13), including identification of any
deficiencies in the SSMP and steps to correct them.
Audit Findings: The District conducted an SSMP audit during March and April of 2013 and
finalized an audit report on April 25, 2013. The audit assessed the effectiveness of the SSMP
implementation and identified deficiencies in the SSMP and steps to correct them. This audit
serves as the District's 2015 SSMP audit. The District's 2015 SSMP audit was originally due on
April 25, 2015, two years after the previous audit. In 2013, OCSD contracted with a firm to
provide the 2013 SSMP audit with the option to use the contract to perform the subsequent two
audits. In January 2015, OCSD staff responsible for the SSMP audit process contacted the fine
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that performed the 2013 SSMP audit and the firm declined to perform the 2015 SSMP audit.
After considering using in-house resources to perform the 2015 SSMP audit to meet the
deadline, OCSD staff decided to move forward with hiring a 3" party consultant to perform the
audit. On February 11, 2015, OCSD issued a Request for Bid for Waste Discharge
Requirement/Sewer System Management Plan Audit, Specification No. S-2015-658 with bids
due on March 19, 2015. In early March 2015, OCSD concluded the the audit process would
require additional time and requested an extension from the SWRCB to provide the time
necessary to utilize a V party consultant to perform the 2015 SSMP audit. On March 10, 2015,
OCSD sent an e-mail to SWRCB staff requesting an extension to the SSMP audit deadline from
April 25, 2015 to July 31, 2015. SWRCB staff SWRCB staff accepted the deadline extension
request and recommended OCSD include a brief explanation on why the audit would be a few
weeks late. The paragraph above serves as the explanation. On March 31, 2015, OCSD
selected and began the process to contract with a firm to perform the 2015 SSMP audit. OCSD
completed the contracting process in early May 2015 and the 2015 SSMP audit kickoff meeting
was held on May 7, 2015. Audit interviews were conducted starting on May 19, 2015 and
concluded on June 22, 2015. The final report was completed on July 31, 2015 meeting the
deadline extension accepted by the SWRCB.The District is in compliance with the SSMP
Program Audit element. Facilties Support Services Division staff has created a calendar
reminder to trigger an audit schedule review by the WDR/SSMP audit Subject Matter Expert 7
months in advance of the audit deadline, which will provide enough time to implement OCSD's
Environmental Auditing Procedure TS-ECRA-SOP-011 and complete the next WDR/SSMP
audit on time by July 31, 2017.
Specific deficiencies related to the SSMP audit element includes:
• The Audit Closeout Memo in Appendix Y was not updated. It is not clear whether or how
the audit findings from the 2013 WDR audit were addressed. The District should
consider updating the Audit Closeout Memo in Appendix Y after closeout of the 2015
WDR/SSMP audit is complete. If the District chooses not to update the Audit Closeout
Memo then the District should consider updating the SSMP to remove the previous Audit
Closeout Memo.
An observation and opportunity for improvement for the SSMP Audit element includes:
• ECAP is sending notifications to staff requesting review and update of SSMP sections. It
is not clear who the administrator is for the WDR in ECAP and whether these
notifications are staying updated. OCSD should develop a procedure for update of the
SSMP similar to the Environmental Compliance procedure included in Appendix X1 of
the SSMP. This new procedure should document the roles and responsibilities of all staff
involved in the SSMP update process, who is responsible for ECAP notifications, and
the person responsible for holding staff accountable for the SSMP update process.
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Chapter 12—Communication Program
WDR Requirement: The Enrollee shall communicate on a regular basis with the public on the
development, implementation, and performance of its SSMP. The communication system shall
provide the public the opportunity to provide input to the Enrollee as the program is developed
and implemented.
The Enrollee shall also create a plan of communication with systems that are tributary and/or
satellite to the Enrollee's sanitary sewer system.
Audit Finding: The District is in compliance with WDR requirements for a Communication
Program. The District has a Sanitary Sewer Overflow webpage dedicated to providing the public
with information regarding the WDR, OCSD's SSMP, and sewer overflow reporting. The
webpage has:
1. Description of sewer responsibility and sewer overflow definition.
2. Information about the State Water Resource Control Board (SWRCB)WDR and a link to
the WDR on the State Water Resources Control Board website.
3. Description of OCSD's SSMP and a link to the document on the OCSD Doc Central.
4. Information regarding SSO reporting and links to the SWRCB California Integrated
Water Quality System (CIWQS)website and spill maps.
5. Information regarding the Orange County WDR General Committee meeting.
6. Contact information for key OCSD staff involved with the WDR.
The District has formed two periodic meetings to communicate with tributary agencies including
the WDR Steering Committee and the OC WDR General Meeting. These meetings occur every
two months and consist of representatives of the District and all agencies with a collection
systems tributary to OCSD's regional system. These meetings cover a range of topics related to
the WDR and serve as an effective means for OCSD to communicate with tributary agencies.
A list of upcoming meetings for each of these groups is can be found at
htto://www.ocsd.com/about-ocsd/calendar.
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Strengths and Implementation Accomplishments
Documenting the strengths and implementation accomplishments of the SSMP is as important
as determining the deficiencies and corrective actions. The District should recognize the areas
of strength in sewer system management as well as continue building upon success in these
areas. Table 9 includes the strengths and implementation accomplishments that were identified
during the audit.
Table 9:Strengths and Implementation Accomplishments
WDR Provision Strengths and Implementation Accomplishments
D.13(ii)- Organization The District has assigned roles and responsibilities for
development and implementation of the SSMP and staff have
been effective at implementing key elements of the SSMP.
D.13(iii)— Legal The District has ordinances and design guidelines providing the
Authority District with the authority to:
• Prevent illicit discharges;
• Require sewers to be property designed and constructed;
• Limit discharge of fats, oils, and grease, and;
• Enforce violations of sewer ordinances.
DA 3(iv)—Operations The District has sustained an SSO rate in the sewer system of
and Maintenance less than 1.36 SSOs per 100 miles of sewer pipelines per year
Program over the last five years, placing OCSD in the category of high-
performing sewer systems. The Operations and Maintenance
Program is a key contributor to the high level of SSO
performance achieved in the last five years through:
• An aggressive sewer cleaning program in the local sewer
system which focuses aggressive sewer cleaning in
pipelines with historical maintenance issues and cleaning of
all other pipes at least once every year;
• A five-year cleaning cycle for all regional sewers less than
or equal to 42-inch diameter and more frequent cleaning of
known problem regional sewer pipe segments. Trouble
spots and siphons are cleaned every 4 weeks to 3 months
based on historical cleaning needs, which may include pipe
segments larger than 42-inch diameter.
• CCTV inspection of all pipes with sewer overflows,
blockages, or severe maintenance issues to determine an
appropriate maintenance strategy and identify repair or
rehabilitation needs.
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WDR Provision Strengths and Implementation Accomplishments
• Systematic CCTV inspection of the sewer system on an 5-
year cycle beginning with the problematic and older portions
of the system. This systematic approach enables OCSD to
identify structural deficiencies in the early stages of
deterioration and to monitor these deficiencies and
determine appropriate corrective actions.
• A well developed collection system asset management
program documenting assumed life expectancies for
collection system assets and projecting future refurbishment
and replacement funding to maintain level of service goals.
Based on this effort, the District has the funding in place to
perform the repair, rehabilitation, and replacement as
necessary to address system condition-related deficiencies.
• Well-trained collection system employees with all
employees above the Maintenance Worker classification
maintaining CWEA Collection System Maintenance
certifications at or above levels required for their position.
• Accurate and up-to-date mapping of the sewer system to
support SSO response and preventive maintenance
activities. District response crews also have access to
stormwater drainage system mapping to support sewer
overflow response and recovery.
• A pump station maintenance and inspection program with a
well-defined maintenance schedule, documented standard
operating procedures, checklists, and daily SCADA data
review.
• Baseline CCTV inspection of all new pipe upon acceptance
of new construction.
D.13(iv)(c)—Operations The District has implemented a pump station reliability program
and Maintenance that currently performs vibration analysis, oil analysis, and
Program thermography on pump station equipment. This analysis can
lead to additional monitoring, maintenance, repair, and in some
cases replacement of pump assets. The District has just started
utilizing ultrasound to support similar types of decisions.
Collection and use of reliability data to support maintenance
and renewal decisions is a best practice.
D.13(vi)(c)—Overflow The District has documented and trained staff on procedures
Emergency Response and process for SSO notifications and communication (SSMP
Plan Appendices P2 and P3).
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WDR Provision Strengths and Implementation Accomplishments
D.13(vii)— FOG Control The District has a very effective program for fats, oils, and
Program grease (FOG) blockage Control including:
• Consistent and effective source control of active permitted
FSEs.
• Implementation of GIS information tools to support FOG
investigations.
• Aggressive sewer cleaning of all areas known to have a
history of FOG issues.
• An effective public outreach education program for proper
disposal of FOG through education at public events,
website, social media, and newsletters. The District
increases promotion prior to holiday events where grease
can be an issue (e.g., Thanksgiving and Christmas
holidays).
• A FOG ordinance providing adequate FOG enforcement
authorities.
• Adequate staffing to accomplish FOG program inspections
and enforcement as required.
• Close coordination between source control and collection
system operations and maintenance staff to investigate
FOG issues and determine appropriate source control and
maintenance corrective actions to address issues.
D.13(ix)— Monitoring, The District is tracking SSO performance indicators and is
Measurement, and communicating these to District Managers and District Board
Program Modifications monthly.
D. 13 (viii)—System The District has not experienced any capacity-related sewer
Evaluation and Capacity overflows in the past eight years.
Assurance Program
D.13(x)—SSMP The District successfully completed an SSMP Audit and Update
Program Audits cycle. The District conducted an SSMP audit in early 2013. The
audit assessed the effectiveness of the SSMP implementation
and identified deficiencies in the SSMP and steps to correct
them.
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WDR Compliance, SSMP Deficiencies and
Corrective Actions
Several deficiencies were identified during the audit and are in this Section along with
recommended corrective actions. Deficiencies were divided into three categories and assigned
a deficiency type code. The deficiency categories are coded and defined as shown in Table 10:
Table 10:Deficiency Definitions
Deficiency Deficiency Type Deficiency Definition
Type
A Non-Compliance A process or outcome resulting in the
SSMP not currently being in compliance
with the WDR/SSMP requirements.
B-major Major Non-Conformance Moderate to high likelihood that a
statement in the SSMP is not fully
conformed. Moderate to high likelihood
the deficiency may impact the success of
the SSMP and/or program performance.
B-minor Minor Non-Conformance Low likelihood that a statement in the
SSMP is not fully conformed. Low
likelihood the deficiency may impact the
success of the SSMP and/or program
performance.
WDR Compliance
This audit found one compliance issue related to the documentation of changes to the SSMP
that have occurred since the amended Monitoring and Reporting Program requirements went
into effect on September 9, 2013.
SSMP Deficiencies and Corrective Actions
The following tables document the SSMP deficiencies identified as a result of the audit along
with recommended corrective actions.
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Table 11:Major and Minor Non-Conformance Deficiencies and Recommended Corrective Actions
WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(ii)— The SSMP Program Organization Chart is Update the SSMP Organization Chart in the B-minor
Organization missing three OCSD staff responsible for key SSMP to include OCSD staff that are responsible
elements of OCSD's SSMP Program. for key elements of the SSMPProgram. Update
the Organizational Narrative to incorporate
• James Cabral - Responsible for pump positions at OCSD responsible for key elements
station mechanical equipment of the SSMP Program.
operations and maintenance
• Wendy Smith—Responsible for
collection system asset management
planning and implementation
• William Cassidy— Responsible for
managing collection system contract
services including sewer cleaning in
local sewers and all CCTV inspection
contracts.
Of these three staff,Wendy Smith's position
and James Cabral's position are not
represented in the Organizational Narrative.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(ii)— CIWQS lists four OCSD staff as"Onsite Update the SSMP, as appropriate, to identify who B-minor
Organization Manager also referred to as Legally in the organization is designated as a Legally
Responsible Officials (LRO). There are the only Responsible Official in the CIWQS database.
individuals that can certify SSO reports in
CIWQS. The SSMP only identifies Mark Esquer
as an LRO. The SSMP does not identify the
other three individuals as having these roles
(James Herberg, Nick Arhontes, and John
Gonzalez).
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(ii)— Several of the title descriptions on staff Create consistency between title descriptions on B-minor
Organization identified in the SSMP Program Organizational the SSMP Program Organization Chart and the
Chart are dissimilar from the title descriptions in Organization Narrative documents. For example,
the Organizational Narrative creating confusion on the SSMP Program Organizational Chart,
when linking the two documents together. Ingrid Hellebrand is shown as a Sr. Staff Analyst,
Similarly, the role designations on the SSMP while on the Organizational Narrative she is
Program Organizational Chart do not always shown as Sr. Public Information Specialist.
align with the SSMP Responsibility on the
Organizational Narrative. With regards to the role designations on the
SSMP Program Organizational Chart and SSMP
Responsibility on the Organizational Narrative.
One way to address this would be to include the
exact wording contained in the role description
from the SSMP Organizational Chart in the SSMP
Responsibility narrative. For example, for the Sr.
Public Information Specialist the narrative could
read:
Communications: Responsible for liaising
with the Public Affairs division staff to ensure
OCSD's SSMP is available to the public and
the public has input.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D. 13 (ii)- An additional position(i.e., Engineering Update Appendix C to address. B-minor
Organization Supervisor, Collection Facilities Division or
designee of the LRO) is included in the
Appendix C - Organizational Narrative that is
not included in the SSMP Program
Organizational Chart. This position is the WDR
Subject Matter Expert as defined in the
District's Environmental Auditing Procedure
TS-ECRA-SOP-011 included as Appendix X1
of the SSMP and is responsible for managing
the WDR/SSMP audit.
D. 13 (ii)- The Organizational Narrative incorrectly Update Appendix C to address. B-minor
Organization identifies the Principal Environmental Specialist
—Management Services Team as responsible
for the SSMP audit, yet this position is only
responsible for updating the status of the audit
in ECAP. The District should update the
Organization Narrative and SSMP Program
Organizational Chart to reflect these
responsibilities.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D. 13(iv)— In October 2014, the District's MS Access Follow through with the evaluation and purchase B-major
Operations and CCTV database exceeded the database size of a new CCTV software to serve as the CCTV
Maintenance limit and would not accept any new records. data repository. Migrate historical CCTV data into
Program The District is in the process of creating a the new CCTV repository.
Request for Proposals to purchase a off-the-
shelf CCTV software to serve as the future
repository of CCTV inspection data. In the
meantime, CCTV data collected is being
summarized for each inspection and loaded
into a spreadsheet. According to staff, almost
all CCTV data collected is coded using PACP
coding standards. A quick review of the MS
Access CCTV Database tables indicates the
table structure and database format is not
currently in PACP database format. OCSD will
need to transform that data into a format that
can be migrated into the future CCTV
repository database.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(vi)— Appendix P2 was last updated on February 10, Update Appendix P2 in the version of the SSMP B-minor
Overflow 2011. On July 30, 2013, the State Water provided on the OCSD website as the official
Emergency Resources Control Board issued Order No. WQ SSMP document once the updated procedure is
Response Plan 2013-0058-EXEC amending the monitoring and approved.
reporting program for the WDR. Changes to the
monitoring and reporting program are not
reflected in Appendix P2. The OCSD website
does include Sanitary Sewer Overflow
Reporting Guidelines dated February 10, 2015
that do reflect changes in the monitoring and
reporting program, yet these are not referenced
in the SSMP. Staff has completed an update of
the procedure and is awaiting final approval.
D.13(vi)— Appendix P3 was last updated on August 15, Update Appendix P3 in the version of the SSMP B-minor
Overflow 2012. The document should be updated to provided on the OCSD website as the official
Emergency reflect changes in monitoring and reporting SSMP document once the updated procedure is
Response Plan requirements amended on July 30, 2013. For approved..
example, under the responsibilities overview,
responsibilities for Category 1 and 2 SSOs are
discussed, yet not for Category 3 SSOs. Staff
has completed an update of the procedure and
is awaiting final approval.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(vi)— Appendix R was last updated on November 11, Appendix R should be updated to incorporate this B-minor
Overflow 2011. The OCSD website posts a Sewer Spill new information.
Emergency Estimation Guide that contains a more
Response Plan comprehensive set of spill volume estimation
methods along with a more detailed narrative
description for how to utilize these methods.
The SSMP should be updated to reference this
new information.
D.13(vi)— The 870-GEN SSO response procedures are Include the 870-GEN SSO response SOPS in the B-minor
Overflow referenced but not included in the SSMP. Volume II Appendix documents.
Emergency These SOPS are key components of the
Response Plan Overflow Emergency Reponse Plan.
D.13(vi)(c)- The SSMP Chapter 7 does not reference Reference the Districts requirement for B-minor
Overflow notification procedures and response protocols contractors to develop a Spill Prevention and
Emergency for sewer overflows caused by contractors Countermeasure Control Plan in Chapter 7 of the
Response Plan working for the District. The District requires SSMP and in SSMP appendices as applicable. If
contractors to develop a Spill Prevention and an SPCC Plan is not always required, then
Countermeasure Control Plan (SPCC Plan), described any spill notification and response
which is not mentioned in the SSMP. protocols required by the District or guidance
provided by the District to contractors in the event
an SSO occurs due to their activities.
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WDR/SSMP Audit Findings FINAL
WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13(viii)(a)— SSMP describes the District's periodic master Describe the District's ongoing modeling and B-minor
System planning process, but does not describe the capacity analysis process in next update of the
Evaluation and process used by District staff to review major SSMP.
Capacity development proposals, apply the model as
Assurance Plan needed to evaluate impact on hydraulic
capacity, and update the model and its flows as
new information becomes available.
D.13(viii)(a)— References and design criteria information Update the Design Criteria narrative provided in B-minor
System provided in the SSMP are not current. the SSMP. Update dates of reference documents
Evaluation and for documents that have been revised.
Capacity
Assurance Plan
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13 viii (c,d)— Based on the work performed for the 2009 Consider developing a plan or process for field B-minor
System Facilities Plan, some of the capacity projects monitoring, or document on-going flow
Evaluation and recommended in 2006 have been eliminated or management and field monitoring activities, of
Capacity deferred indefinitely on the basis of revisions to current potential hydraulic deficiencies that are not
Assurance Plan flow projections or corrections/changes to the scheduled for corrective action via CIP projects.
modeled network. However, some projects that Since surcharging or overflows are generally not
were determined in 2006 to present a likelihood expected to occur in these sewers except under
of overflow under current development extreme rainfall events, monitoring should focus
conditions during a 10-year wet weather event on wet weather periods. One monitoring
have been deferred indefinitely, even though approach is to install inexpensive passive
subsequent modeling analysis has confirmed surcharge monitors that record only the highest
the original hydraulic deficiency. Although the water level, and check and re-set them only after
2009 Facilities Master Plan calls for those major storm events. A single strategically-place
potential deficiencies to be monitored, there is monitor should be adequate for each deferred
no documentation that any monitoring is being project. Use the findings from the monitoring
performed. program to make decisions on if and when to
implement the related capacity projects.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D.13 viii (d)— SSMP and referenced documents such as the Update the table in Appendix M that lists all the B-minor
System 2006 Strategic Plan Update, the 2009 Facilities capacity-related CIP projects that were identified
Evaluation and Plan, and Fiscal Year Budgets describe capital in the 2006 Strategic Plan Update, the 2009
Capacity improvement projects for capacity Facilities Plan, or in other studies. Include the
Assurance Plan enhancement. Some of the identified projects original source of the recommendation to perform
have been completed and others deferred for a the project. Document the schedule and status of
variety of reasons. It is not easy to determine each project. For projects that have been deferred
the status of each project because the and/or are not currently included in the District's
information is contained in various documents. CIP, the table should include the reason for the
deferral (e.g., reduced flows, lower growth
projections, acceptable level of risk, etc.). This
table should be updated annually and included in
the SSMP.
D. 13 (ix)— The SSMP was last certified in March 2012. Create a log of changes to the SSMP that have A
Monitoring, The amended Monitoring and Reporting occurred since the amended Monitoring and
Measurement, Program (Order No. WQ 2013-0058-EXEC) Reporting Program went into effect in 2013.
and Program requires documentation of SSMP updates. Incorporate this documentation into the SSMP as
Modifications Records are not attached to the SSMP required.
documenting all changes made to the SSMP
since its last certification indicating when
subsections were changed or updated and who
authorized the change or update.
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WDR Provision Identified Deficiency Recommended Corrective Action Deficiency
Type
D. 13 (x)— The Audit Closeout Memo in Appendix Y was Update the Audit Closeout Memo in Appendix Y to B-minor
SSMP Program not updated after the 2013 WDR Audit. It is not reflect the decisions and changes resulting from
Audits clear whether or how the audit findings from the this 2015 WDR Audit. If the District chooses not to
previous audit were addressed. update the Audit Closeout Memo then the District
should consider updating the SSMP to remove the
previous Audit Closeout Memo.
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WDR/SSMP Audit Findings FINAL
Other Findings and Opportunities
This section includes other findings and opportunities for improvements not linked directly to issues of compliance or conformance
with the WDR. These are ideas which resulted from the audit and are presented for the District's consideration.
Table 12:Other Findings and Opportunities
WDR Provision Finding Opportunity
D.13(iii)(c)— Section 4.1 (c) of the SSMP discusses access for In the next update of the SSMP, add verbiage to the Legal
Legal Authority maintenance, inspection, or repairs for portions of the Authorities section to clearly state the District does not
lateral owned by OCSD. This section misses an own and is not responsible for maintenance or repair of
opportunity to clearly state that the District does not own any portion of the service laterals connecting private
and is not responsible for maintenance of the laterals properties to local sewers. Clarify the distinction between
connecting private buildings to local sewers and therefore service laterals connecting private buildings to OCSD
does not require access for maintenance, inspection, or sewers versus "laterals"connecting tributary collection
repairs of those laterals. systems to OCSD sewers. Update the SSMP to reference
California Civil Code 831 as well as the District's Sewer
Connection Application and Permit that is the basis for a
contract between the District and property owners. The
current version of the Sewer Connection Application and
Permit clearly states OCSD is not responsible for
ownership or maintenance of the street sewer lateral. The
District may want to consider incorporating version control
into the Sewer Connection Application and Permit form.
D. 13 (ii)— Internal Stakeholder Meetings did not occur after the last Either re-establish internal stakeholder meetings or
Organization audit. In the past, these meetings served to support develop a new way to drive accountability or addressing
increased accountability for addressing WDR audit identified program deficiencies and SSMP updates.
deficiencies and updates to the SSMP.
July 31,2015 47
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR Provision Finding Opportunity
D.13(iv)(b)— Over the past four years, the District has collected The District has the opportunity to analyze this data to
Operations and multiple data points for every asset in the local sewer optimize cleaning frequencies for local sewer system
Maintenance system. pipes. The overall goal of this analysis would be to
Program— determine appropriate cleaning frequencies for individual
Preventive • Four or more recent completed cleaning work sewer segments that would not increase risk of blockage
Maintenance orders with maintenance feedback indicating type or overflow. Analysis may reveal that many of the
and severity of material found during cleaning. segments cleaned and/or inspected over the past four
One CCTV inspection focused on condition years show no sign of maintenance issues. These
assessment and potentially a second inspection segments could potentially be cleaned on a less frequent
for cleaning quality control. basis with no increase in risk of blockage or overflow.
Alternatively, segments with indications of maintenance
issues can remain at a 12-month cleaning frequency or be
cleaned more frequently.
D. 13 (iv)— During interviews staff indicated that trouble spot pipe OCSD should consider tracking a metric to identify the
Operations and schedules are regularly added, removed, or modified as number of schedule changes made over time.
Maintenance conditions warrant. For example, if a trouble spot pipe
Program routinely comes back dirty(based on contractor input or
data), staff may will consider cleaning it more often.
Conversely, if the pipe routinely comes back clean, staff
will consider cleaning it less often.
Some of OCSD's internal goals have changed and are OCSD should consider updating these goals in the SSMP.
Operations and now more aggressive than those documented in the OCSD may want to defer making these changes until
Maintenance SSMP. For example, OCSD's pipe inspection goal has performance metrics to track achievement of these goals
Program changed from 7 years to 5 years and goals for manhole is in place.
inspections are now set at 2 years.
July 31,2015 48
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR Provision Finding Opportunity
D. 13(iv)- OCSD does not currently have a means to continuously OCSD should evolve to towards having a continuously
Operations and update collection system risk as new CCTV data is updated risk assessment for all pipes in the sewer system.
Maintenance collected. This has evolved from being a best One of the primary sources of likelihood of failure data is
Program management practice to becoming a standard industry CCTV inspection data. As CCTV inspection data is
practice. For example, NASSCO recently incorporated a collected and synchronized into OCSD's future CCTV
risk assessment methodology into the PACP standard. repository database, OCSD will have the opportunity to
Also, off-the-shelf software with risk assessment update asset risk scoring to support maintenance and
functionality is readily available in the wastewater industry renewal decision-making. This can start with an update of
marketplace. the risk assessment framework, collection of consequence
of failure data, and assessment of asset consequence of
failure. OCSD can also begin to evaluate information
system options for implementing a means to assess risk
Continuously.
D.13(iv)(c)- OCSD currently evaluates the maintenance and renewal OCSD has the opportunity to develop a standardized
Operations and needs of sewer pipelines on a case-by-case basis. approach to evaluating maintenance and CCTV data and
Maintenance determine maintenance and renewal actions (i.e., repair,
Program replace, CIPP, upsize, etc.)to address asset deficiencies
as maintenance and CCTV data is collected. OCSD also
has the opportunity to implement information analysis tools
to support maintenance and renewal decision-making and
documentation.
July 31,2015 49
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR Provision Finding Opportunity
D.13(iv)(c)— The District has utilized an assumption for asset The District should develop the methodology for refining
Operations and deterioration to generate long-term refurbishment and the assumptions for sewer pipeline asset deterioration.
Maintenance replacement cost projections. These projections are the OCSD has condition data for almost all collection system
Program basis for future refurbishment and replacement funding assets. OCSD should consider using this data to calculate
for capital investment. actual asset reliability rates using available CCTV
inspection data and then updating the renewal needs
funding forecast. OCSD can then begin to understand
whether the current funding level is adequate to sustain
desired service levels and risk tolerances.
D.13(iv)(c)— OCSD has collected CCTV inspection data for almost all OCSD should consider moving towards a risk-based
Operations and collection system gravity mainline assets. CCTV monitoring schedule for future inspections. High-risk
Maintenance pipes would be inspected more frequently (e.g. 5 to 10-
Program year schedule) and low risk pipes less frequently (e.g., 10
to 20 year schedule).
D. 13(v)— The District is considering changing how specifications The District should document this process change in the
Design and are assigned to design staff to improve the update SSMP once implemented.
Performance process. The process will enable staff to send comments
Provisions on specifications to both custodian and owner.
D. 13(v)— Contractors are required to perform a quality OCSD should update contractor specifications to require
Design and assurance/quality control inspection of pipelines after PACP inspection if the inspection is going to be used as a
Performance construction work is completed. In the past, the District baseline inspection.
Provisions would then perform a baseline CCTV inspection. On
some projects, the District is having the contractor
perform the baseline inspection. According to staff,
OCSD's specification for the contractor(Spec 2730) does
not require a PACP inspection.
July 31,2015 50
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR Provision Finding Opportunity
D.13(vi)(c)— It is difficult to determine which SSOs reported to CIWQS The District may want to add a note in the"Spill
Overflow were related to the local system versus the regional Appearance Point Explanation'field indicating whether the
Emergency system. It appears this information may be determined spill is from the local system or regional system. Another
Response Plan from the City field, yet this is not clear. approach the District may want to consider is to create a
separate WDID for the local sewers and treat it as a
separate collection system that discharges to the regional
system.
D.1 3(viii)(a)— The District has invested significant funds to assist Develop a plan to assess 1/1 from member agencies over
System member agencies with their 1/1 reduction efforts, but does time. That plan could be implemented in part through
Evaluation and not monitor the effectiveness of those efforts or attempt to monitoring and 1/1 assessment work performed in the
Capacity quantify trends in 1/1 over time. It is important to the upcoming Sewer Master Plan update. Another possible
Assurance Plan District that peak 1/1 be controlled by the member step would be to use the continuous simulation model
agencies. Significant increases in peak 1/1 could result in developed in 2006 to assess system-wide flows (total
additional hydraulic deficiencies that have not yet been influent to both plants) observed in all storms since 2006.
identified in the District's trunk sewers, as well as in the That model is capable of quantifying 1/1 as a percentage of
District's treatment plants and ocean outfalls. rainfall, factoring in dry and wet antecedent rainfall
conditions, and should be able to quantify any significant
increases or decreases in 1/1 that have occurred.
Follow-up and document I&I improvement efforts by
upstream agencies. Proposed monitoring program should
include comprehensive analysis of flows from these
agencies.
July 31,2015 51
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
WDR Provision Finding Opportunity
D.13(ix)— Appendix 11 of the SSMP entitled Preventative As OCSD's implementation of new information systems
Monitoring, Maintenance Program, specifies collection system used to track maintenance activities continues to mature,
Measurement, maintenance output goals. These goals are summarized OCSD should consider developing performance metrics
and Program in Table 8. Staff indicated verbally that these and reporting systems to track achievement of these goals
Modifications commitments are being achieved, yet at the time of the on a monthly basis.
audit data was not readily available to validate this.
D. 14—SSMP ECAP is sending notifications to staff requesting review OCSD should develop a procedure for update of the
Update and update of SSMP sections. It is not clear who the SSMP similar to the Environmental Compliance procedure
administrator is for the WDR in ECAP and whether these included in Appendix X1 of the SSMP. This new procedure
notifications are staying updated. should document the roles and responsibilities of all staff
involved in the SSMP update process, who is responsible
for ECAP notifications, and the person responsible for
holding staff accountable for the SSMP update process.
July 31,2015 52
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
List of Documents Reviewed
The following table lists the documents reviewed over the course of the WDR audit. The documents are organized in alphabetical
order.
Table 13: List of Documents Reviewed
Document Date Source
2009 Facilities Master Plan, adopted December 2009 December 2009 Wendy Smith
5-Year Strategic Plan November 2013 OCSD Website
Answers to Questions about Private Sewer Laterals in Tustin and Other Nearby
Unincorporated Areas December 19, 2007 Internet Search
Asset Management Plan 2006 July 2006 OCSD Website
Asset Management Plan FY2008-09&FY2009-10 June 2009 OCSD Website
Asset Management Plan FY2011-12 Not Dated OCSD Website
State Water
Resource Control
Board CIWQS
California Integrated Water Quality System -Sanitary sewer overflow data Downloaded on July 6, 2015 Website
Capital Improvement Program FY2013-14 Update September 2014 OCSD Website
Control Center Training Materials for Sanitary Sewer Overflow Notification March 29,2013 Victoria Raymond
District Ordinance OCSD-25 Novmber 17, 2004 OCSD Website
District Ordinance OCSD-39 September 23,2009 OCSD Website
July 31,2015 53
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Document Date Source
OCSD Website;
Environmental Compliance Sanitary Sewer Overflow Response Procedure, EC- Appendix P2 of
SOP-008 February 10, 2011 SSMP
OCSD Website;
Environmental Compliance Sanitary Sewer Overflow Response Procedure, EC- Appendix P3 of
SOP-009 August 15,2012 SSMP
MarcoPolo
OCSD 2013 WDR Audit Report Final April 25,2013 Velasco
OCSD Comprehensive Annual Financial Report June 30, 2014 OCSD Website
OCSD Design and Construction Requirements for Sanitary Sewers October 2012 OCSD Website
OCSD Fact Sheet: Care Elements of Fats, Oils, and Grease (FOG) Ordinance
OCSD-25 Not Dated OCSD Website
OCSD Fact Sheet: Design Guidelines for Grease Interceptors Not Dated OCSD Website
OCSD Fact Sheet: Fats, Oils, and Grease(FOG)Definitions Not Dated OCSD Website
OCSD Fact Sheet: Fats, Oils, and Grease(FOG) Issues, Frequently Asked
Questions Not Dated OCSD Website
OCSD Fact Sheet: Fats, Oils, and Grease(FOG)Source Control Program Not Dated OCSD Website
OCSD Fact Sheet: FOG Source Control Program Frequently Asked Questions
(FAQs) Not Dated OCSD Website
OCSD Fact Sheet: Food Service Waste Reduction Not Dated OCSD Website
OCSD Fact Sheet: General Best Management Practices for Fats, Oils, and
Grease Not Dated OCSD Website
July 31,2015 54
Orange County Sanitation District WDR Audit
WDR/SSMP Audit Findings FINAL
Document Date Source
OCSD Fact Sheet: Grease Interceptors Not Dated OCSD Website
OCSD Fact Sheet: Kitchen Best Management Practices (BMPs)for FOG Not Dated OCSD Website
OCSD Fact Sheet: Managing Food Materials Not Dated OCSD Website
OCSD Fact Sheet: Prohibitions Relating to Discharge of Fats, Oils,and Grease
(FOG) Not Dated OCSD Website
OCSD Fact Sheet: Restaurant Oil and Grease Rendering Not Dated OCSD Website
OCSD Quarterly Financial Reports Various OCSD Website
OCSD Rates and Fees Effective July 1, 2015-June 30,2016 OCSD Website
Orange County Santa Ana Region, Sanitary Sewer Overflow Reporting
Guidelines; Abbervialed and Expanded February 10, 2015 OCSD Website
Organization Chart-Facilities Support Services Division March 20,2015 Nick Arhontes
Proposed Budget, FY14-15&FY15-16 June 25, 2014 OCSD Website
Sewer Connection Application and Permit Not dated Wendy Smith
Standard Operating Procedure 870-GEN-01, Spill Containment, Task Procedure
Analysis Worksheet December 21,2005 John Gonzalez
Standard Operating Procedure 870-GEN-08 (Rev 1), Sanitary Sewer Overflow
Response,Task Procedure Analysis Worksheet January, 27,2009 John Gonzalez
July 31,2015 55
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
12J02/15 12/16/15
AGENDA REPORT em Number Iem Numbe
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Nick Arhontes, P.E., Director of Facilities Support Services
SUBJECT: REPAIR TO MANHOLE STRUCTURES OF WARNER AVENUE RELIEF
SEWER, SPECIFICATION FR12-003 - CHANGE ORDER RATIFICATION
GENERAL MANAGER'S RECOMMENDATION
Ratify Change Order No. 3 to the Repair to Manhole Structures of Warner Avenue Relief
Sewer, Specification No. FR12-003, with Mode Engineering, authorizing an additional
$54,884 increasing the total contract amount to $846,357.
SUMMARY
Repair to Manhole Structures of Warner Avenue Relief Sewer, Specification No. FR12-
003 (Project) consists of the replacing five existing sewer access structures in Warner
Avenue between Bolsa Chica Road and Springdale Street in the City of Huntington
Beach. These access structures are unique because they are custom built concrete
boxes that accommodate the very shallow sewers. The access plates failed, created
noise issues for the adjacent homeowners, and required continuous maintenance.
This final change order covers extended overhead costs and additional contract time.
Unknown conditions were encountered during repairs that created major complications
to the work. The existing reinforced concrete covers were found to be bonded to the
structure's walls rather than being removable as shown on record drawings. This unique
condition increased both the scope and complexity of work required to complete the
repairs. These overhead and contract time items were not addressed in Change Order
No. 2 because the contractor had not submitted proper documentation to justify the extra
costs.
The Contractor submitted a request for an additional amount of $132,262. OCSD's
Project Manager, Senior Contracts Administrator, and Purchasing Buyer performed an
audit and met several times with the Contractor and requested additional records for
justification. Upon final review, OCSD staff found that a time extension of 486 calendar
days and $54,884.
PRIOR COMMITTEE/BOARD ACTIONS
On September 23, 2015 the Board approved the ratification of Change Order No. 2
authorizing an additional $416,068 increasing the total contract amount to $791,473.
On October 23, 2013 the Board approved the award of a service contract to Mode
Engineering,for a total amount not to exceed $338,000 and with a contingency of$67,600
(20%).
Page 1 of 2
ADDITIONAL INFORMATION
Change Order No. 3 (Summary):
Schedule Extension ($54,884 & 486 calendar days) incorporates schedule extensions
and associated overhead costs for the previously approved Change Orders Nos 1 and 2.
Those previous change orders consist of temporary asphalt repairs, additional work
activities, modification to the manhole structures, additional demolition, excavation and
structural modifications. Schedule impacts were not originally captured due to uncertainty
with the durations required to perform the extra work. Overhead costs cover items
including: extended insurance, lay down/storage lease, bond increases, and project
manager support.
CEQA
A Notice of Exemption has been filed for this work. The project is categorically exempt
from CEQA under section 15301 (b) — replacement or repair of existing manhole
structures for a publicly owned utility involving no expansion of existing capacity or use.
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
Sufficient budget exists but the change order exceeds the authorized contingency. This
repair is funded through the Ongoing Small Capital Replacement/Rehabilitation Project
SP-34 (Budget Update Fiscal Year 2015-2016; Summary of Capital Requirements,
Appendix Section A-7 — Page A-11). This Small Capital fund is used to pay for capital
repairs and/or direct replacements. The SP-34 budget is adequate to cover this Project.
Date of Approval Contract Amount
10/02/13 $ 338,000
09/23/15 $ 791,473
12/16/15 (Proposed) $ 846,357
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package and attachments:
• Change Order No. 3
MAE:WC:JF:eh:pe
Page 2 of 2
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
CHANGE ORDER
Contractor: Mode Engineering C.O. No.: Three (00003)
Date: November 5. 2015
,lob: FR12-0037 Repair to Manhole Structures of Warner Avenue Relief Sewer
Consultant: RMC Water and Environment
Amount of this Change Order (Add): $54,884
In accordance with theContract documents, the following changes to the Contract and/or
Contract Scope of Work are hereby authorized and as compensation, the following additions
to or deductions from the Contract price are hereby approved.
FCO 006-SCHEDULE EXTENSION
This item incorporates schedule extensions and associated overhead costs for the per°cr-ance of
previously approved Feld Change Orders Nos 1 through 5. Schedule impae:s nere not origina y
captured based on uncertainty with the durations required to perform ;ti -- o` t-e :•:crk associated
with the unknown conditions. Overhead costs associated with the extended sch 1,; a 'rcli de
insurance coverage, lay down/storage lease, bond increases, and Project f.:.anag- s-JFpert
throughout the total of 486 calendar day extension of the Contract.The yr --I. assccie.-eJ .:itr this item
was negotiated with the Contractor in accordance With the Contract di--ts
ADDED COSTTHIS CHANGE ORDER ITEM: So4,884
TIME EXTENSION THIS CHANGE ORDER ITEM: �86 Ca D9,
The Contractor hereby agrees to furnish or delete, as the case may be, any anc a le Lc r. r'aterial,
and equipment required for the performance of this Change Order in strict acco- larca ::1'111- re terms
and conditions of the Contract documents. The Contractor further agrees tha co--oersation
(cost)set forth In this Change Order comprises the full and complete compa^sati-il cue e
Contractor, all subcontractors, and all suppliers,for the work or change ce' -aJ in this Cr=n9e Order,
including all impact on any unchanged work. By signing this Change Order. tte Contractor
acknowledges and agrees, on behalf of itself, all subcontractors, and all s.,ppllers. The s cr ,.g o'this
Change Order shall indicate that the Change Order constitutes full mutual acco,d gird sa for
the change, and that the cost under the Change Order constitutes the to:a equra''-le adjust'-ert oeeeJ
the Contractor,all subcontractors, and all suppliers, as a result of the chary-Ie. Tde Con:-acncr. cn
behalf of itself, all subcontractors, and all suppliers, agrees to waive all rio^.ts. e:tho„t excecPon o
reservation of any kind whatsoever,to file any further claim or request for listmenf c' art
type, for any reasonably foreseeable cause that shall arise out of or as a rwt of tr- s Charge Omar
or the impact of this Change Order on the remainder of the work under tl s Oon-ract.
i Nwil 00N-Ft-055 Page t of 3 Revision Dare:0SPor>/10
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
CHANGE ORDER
Contractor: Mode Engineering C.O. No.: Three (00003)
Date: November 5, 2015
Job: FR12-0037 Repair to Manhole Structures of Warner Avenue Relief Sewer
Consultant: RMC Water and Environment
SUMMARY OF CONTRACT TIME
Original Contract Date: December 03,2013
Original Contract Time: 120 calendar days
Original Completion Date: April 01,2014
Time Extension this C.O.: 486 calendar days
Total Contract Time Extension: 486 calendar days
Revised Contract Time: 606 calendar days
Revised Final Completion Date: July 31, 2015
Time Subject to Liquidated Damages: WA
Actual Final Completion Date: July 31,2015
Original Contract Price $ 338,000
Prev. Authorized Changes $ 453,473
This Change (Add) $ 54,884
Amended Contract Price $ 846.357
Form Number.CON-F1-055 Page 2 or 3 Rev'sion Dale:0&W10
ORANGE COUNTY SANITATION DISTRICT
10844 ELLIS AVENUE
FOUNTAIN VALLEY, CALIFORNIA 92708-7018
CHANGE ORDER
Contractor: Mode Engineering C.O. No.: Three(00003)
Date: November 5. 2015
Job: FR12-003: Repair to Manhole Structures of Warner Avenue Relief Sewer
Consultant: RMC Water and Environment
Board Authorization Date: December 16, 2015
ORANGE COUNTY SANITATION DISTRICT MODE ENGINEERING
Recommended by: Accepted by:
By njo n, By
Justin Fenton, P.E. Date Bijan Sha our Date
Project Manager
By
Nick Arhontes, P.E. Date
Director of Facilities Support Services
By
James D. Herberg Date
General Manager
Approved by:
By
John Nielsen Date
Board Chair
Attest:
By
Kelly A. Lore Date
Clerk of the Board
Form Number.CON-Fl-WS Page 3 of 3 Revision Date:05/05/10
OPERATIONS COMMITTEE Meeting Date TOBd.of Dir.
1V02115 12/16/15
AGENDA REPORT IternNumber ItemNumbe
B
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: BIOSOLIDS MASTER PLAN, PROJECT PS15-01
GENERAL MANAGER'S RECOMMENDATION
A. Approve a Professional Services Agreement with Black & Veatch to provide
professional services for Biosolids Master Plan, Project No. PS15-01, for an
amount not to exceed $2,965,556; and,
B. Approve a contingency of $296,556 (10%).
SUMMARY
The purpose of this project is to meet one of the eight strategic goals identified in the
Five-Year Strategic Plan approved by the Orange County Sanitation District (Sanitation
District) Board of Directors in 2013, which is to study future biosolids management
options and solids handling facilities improvements. Biosolids are nutrient-rich treated
organic material recovered through the treatment of wastewater that can be recycled as
a soil amendment. Effective management of biosolids is critical to the Sanitation District
mission of resource recovery and permit compliance.
The Biosolids Master Plan, Project No. PS15-01, will study mid- and long-term
strategies for biosolids management, and will identify onsite and offsite facility options to
generate a biosolids product that could meet future regulations for a sustainable
biosolids beneficial use market. The project will also evaluate the existing Sanitation
District solids handling facilities, evaluate different technology alternatives, and make
recommendations for future capital facilities improvements. In addition, this project will
prepare and certify a Programmatic Environmental Impact Report for all recommended
capital facilities to comply with the California Environmental Quality Act.
The Sanitation District advertised a Request for Proposal (RFP) and five proposals were
received. The five proposals were evaluated and ranked. Black & Veatch was selected
as the best qualified firm. Staff recommends awarding a Professional Services
Agreement (PSA) to Black & Veatch for an amount not to exceed $2,965,556.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Page 1 of 4
ADDITIONAL INFORMATION
Proiect Background
The 2003 Long-Range Management Plan resulted in guidelines for diversification of
biosolids products, contractors, and markets to create a sustainable biosolids program.
The updated biosolids policy (2013 Board Resolution No. OCSD 2013-03) commits the
Sanitation District to a diversified portfolio of biosolids management options, including
recycling and other best management practices to maintain a sustainable program.
The Sanitation District's biosolids management contract with Synagro expires in
December 2016. In 2017, the Irvine Ranch Water District (IRWD) will stop sending
solids to the Sanitation District. In addition, during this timeframe, the Sanitation
District's dewatering centrifuges will be online after completion of Project Nos. P1-101
and P2-92. With these changes, the biosolids production will be reduced by
approximately one-third in the next few years. A study of current and available biosolids
recycling options will assist the Sanitation District in selecting the right option to ensure
conformance with the biosolids policy regarding diversity of management options and
other criteria.
The age and vulnerable condition of the Plant No. 2 digesters generate the need for
their rehabilitation or replacement. The 18 digesters were built in the time range of
1959 to 1979. No major structural rehabilitation had been done since the digesters
were built. The recent planning study, SP-186 Plant 2 Digesters and Tunnels Seismic
Evaluation, determined that all Plant No. 2 digesters have high risk of structural failure
in the event of a major liquefaction or other seismic event. Major ground improvements
and structure improvements will be needed to reduce the risk of structural failure and
bring the structures up to the current seismic code. The study recommended replacing
the digesters instead of rehabilitation on a life cycle cost basis.
Request for Proposal (RFPI
On July 27, 2015, the Sanitation District issued an RFP to procure the work and
services outlined in the Scope of Work. The RFP was publicly advertised in the Orange
County Register and the RFP Invitation Letter was sent electronically to multiple
professional firms registered in the SANITATION DISTRICT's vendor database; and
therefore, adequate competition was expected.
A non-mandatory pre-proposal meeting was conducted on August 11, 2015 at the
Sanitation District's facilities to discuss the proposal requirements, scope of work,
schedule, and evaluation process with potential Proposers.
As a result, five proposals were received on September 24, 2015. A Staff Evaluation
Committee consisting of five representatives and three non-voting technical advisors
from Engineering, and Operations and Maintenance Departments reviewed and ranked
each of the proposals in accordance with the evaluation process set forth in Sanitation
District Board of Directors' Ordinance No. OCSD-47, Section 4.02. Two representatives
Page 2 of 4
from the Contracts Administration Division participated in the evaluation process as
non-voting members. The proposals were evaluated according to the following criteria:
(1) project understanding and approach; (2) related project experience; and (3) project
team and staff qualifications.
After reviewing and scoring the proposals, the five Consultant firms were ranked
according to the score achieved. On October 21, 2015, the Evaluation Committee
interviewed the top two proposing firms, Black & Veatch, and CH2M, to meet the
proposed key team members and further evaluate the firms' proposals. Pursuant to the
results of the interview, the Evaluation Committee selected Black & Veatch as the top-
ranked firm as shown in Table 1.
TABLE 1
PROPOSAL EVALUATION*
Consultant Black andVth CH2M AECOM HDR Ramboll
eac
Evaluator Environ
Reviewer A 1 2 3 3 5
Reviewer B 1 2 3 4 5
Reviewer C 1 2 4 3 5
Reviewer D 1 2 3 3 5
Reviewer E 1 2 4 3 5
Overall Ranking 1 2 3 4 5
Proposal Fee $2,992,314 N/A N/A N/A N/A
Negotiated Fee $2,965,556
Proposal
'Based on scores after interview
Black & Veatch was ranked highest by the Evaluation Committee based on all three
criteria. Black & Veatch proposed a highly qualified team that includes local and national
experts on biosolids market and treatment technology, and includes an independent
biosolids expert panel to perform and to be consulted of some specific tasks. Black &
Veatch's proposal demonstrated the best understanding and approach to the Scope of
Work. The proposed team members have successfully performed similar projects for
other agencies and projects for the Sanitation District.
Review of Fee Proposal and Negotiations
Proposals were accompanied by sealed fee proposal estimates. The fee proposal of
the highest ranked firm was not opened until the proposals were evaluated and a top-
ranked firm was selected in accordance with Sanitation District Ordinance
No. OCSD47.
Page 3 of 4
Staff conducted extensive negotiations with Black & Veatch to discuss and clarify the
requirements of the Scope of Work, level of effort, and assumptions as required for the
completion of the Scope of Work for the project. As a result of these negotiations, Black
& Veatch submitted a revised fee proposal of$2,965,556. The decrease in the proposed
fee is due to streamlining the number of meetings and meeting attendees required, and
clarifying the roles and responsibilities of the expert panel.
In evaluating whether the fee proposal was fair and reasonable, the following factors
were considered:
• The estimated level of effort was evaluated in detail for each task and subtask, and
found to be justified by the needs of the project, the agreed-upon assumptions, and
the Sanitation District's expectation for the quality of services.
• The Consultant's fringe and overhead costs, which factor into the billing rate, is
consistent with other similar agreements. The contract profits for Black and Veatch
and the Major Subconsultants are based on the Sanitation District's standard
professional services agreements.
Based on the above, staff determined the final cost proposal to be fair and reasonable
for the Scope of Work and recommends awarding the PSA to Black & Veatch for an
amount not to exceed $2,965,556.
CEQA
A Notice of Exemption was filed on August 14, 2015. The project is exempt from CEQA
pursuant to CEQA's Class 6 Exemption for Information Collection (CEQA Guidelines
Section 15306).
BUDGET/PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Line item: FY2015-16, Page A-14) and the
project budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD webslte (www.ocsd.corn with the
complete agenda package:
Professional Services Agreement
SY:sa:gc
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 16U day of December,
2015, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to
as "SANITATION DISTRICT', and BLACK AND VEATCH CORPORATION, for purposes of
this AGREEMENT hereinafter referred to as"CONSULTANT". The SANITATION DISTRICT
and CONSULTANT are referred to herein collectively as the "Parties" or individually as a
"Party."
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a consultant for Biosolids
Master Plan, Project No. PS15-01, to provide professional engineering services to develop a
Biosolids Master Plan. This project will meet one of the goals in the SANITATION DISTRICT's
2013 5-year Strategic Plan, which is to recommend future biosolids management options and
capital facilities improvements for a 20-year planning period.; 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
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on December 16, 2015 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 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, and completeness and coordination of the work and 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 applicable laws,
regulations, 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.
PSA PROJECT NO.PS-15-01
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B. CONSULTANT is responsible for the quality of work prepared under this
AGREEMENT and shall perform its work in accordance with engineering
standards in effect for clarity, uniformity, and completeness. CONSULTANT
shall timely respond to all comments, suggestions, and recommendations from
the SANITATION DISTRICT. All comments from the SANITATION DISTRICT, or
its agent, shall be incorporated into the work prior to the next review deadline or
addressed, in writing, as to why the comment(s) has/have 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 CONSULTANTS services and/or work product(s) is not to the
satisfaction of the SANITATION DISTRICT and/or does not conform to the
requirements of this AGREEMENT or the applicable industry standards, the
CONSULTANT shall, without additional compensation, promptly correct or revise
any errors or deficiencies in its work product(s) within the timeframe specified by
the Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. Any CADD drawings, figures, and other work produced by CONSULTANT and
Subconsultants using the SANITATION DISTRICT CAD Manual. Conversion of
CADD work from any other non-standard CADD format to the SANITATION
DISTRICT format shall not be acceptable in lieu of this requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
require advance written 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 SANTITATION DISTRICT.
E. All professional services performed by the CONSULTANT, including, but not
limited to, all drafts, data, correspondence, proposals, and reports 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, or(b) subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
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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 Two Million Nine
Hundred Sixty-Five Thousand Five Hundred Fifty-Six Dollars ($2,965,556).
Total compensation to CONSULTANT including burdened labor(salaries plus
benefits), overhead, profit, direct costs, and Subconsultant(s)fees and costs
shall not exceed the sum set forth in Attachment"E"- Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits)actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and Suboonsultants
for overhead at the rate equal to the percentage of burdened labor as specified in
Attachment"E"- Fee Proposal.
D. Profit
Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be
10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by
a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment"E"- Fee Proposal.
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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 Attachment"J"— Minor Subconsultant 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. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment"D"-Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan' as
considered by Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means or 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.
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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 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
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment"Y-Allowable Direct Costs of this Agreement.
H. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-fiver percent(75%)
of the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
own risk. This written notice shall be provided separately from, and in addition to
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.
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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, in a format acceptable to the
SANITATION DISTRICT. CONSULTANT shall warrant and certify the accuracy
of these costs and provide all support documentation required by the
SANITATION DISTRICT. CONSULTANT understands that submitted costs are
subject to Section 12 Audit Provisions.
B. CONSULTANT will submit monthly statements covering services and/or work
performed for payment for those items included in Section 2 hereof no later than
the second Wednesday of the following month and in the format required by the
SANITATION DISTRICT. The format must include, as a minimum: 1) current
billing period invoicing, 2) current billing period "total percent invoiced to date",
3)future activities, 4) previous billing period "total invoiced to date", 5) potential
items that are not included in the Scope of Work, 6) concerns and possible
delays, 7) percentage of completion to date, and 8) budget status and amount
remaining. Such requests shall be accompanied by such supporting data 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.
If the SANITATION DISTRICT determines that the work under this AGREEMENT
or any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
I. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION
DISTRICT; or
ii. The percentage of the work accomplished for each project element,
The SANITATION DISTRICT may, at the discretion of the Director of
Engineering, 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 the
Project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 -COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this AGREEMENT, and upon acceptance of such work by the
SANITATION DISTRICT, CONSULTANT will be paid the unpaid balance of any
money due for such work based on the monthly statements, including any
retained percentages relating to this portion of the work.
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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 $10,000 civil penalty for each
false claim submitted. This section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: (a) knowingly presents or
causes to be presented to an officer or employee of the SANITATION DISTRICT
a false claim or request for payment or approval; (b) knowingly makes, uses, or
causes to be made or used a false record or statement to get a false claim paid
or approved by the SANITATION DISTRICT; (c)conspires to defraud the
SANITATION DISTRICT by getting a false claim allowed or paid by the
SANITATION DISTRICT; (d) knowingly makes, uses, or causes to be made or
used a false record or statement to conceal, avoid, or decrease an obligation to
the SANITATION DISTRICT; or(a) is a beneficiary of an inadvertent submission
of a false claim to the SANITATION DISTRICT, and fails to disclose the false
claim to the SANITATION DISTRICT within a reasonable time after discovery of
the false claim.
S. PREVAILING WAGES
To the extent CONSULTANT intends to utilize employees who will perform work during
the contract, as more specifically defined under Labor Code Section 1720,
CONSULTANT shall be subject to prevailing wage requirements with respect to such
employees.
6. 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,
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.
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B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulations Section 16461(e).
7. DOCUMENT OWNERSHIP—CONSULTANT PERFORMANCE
A. Ownership of Documents for the Professional Services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to,
studies, sketches, drawings, computer printouts, disk files, and electronic copies
prepared in connection with or related to the Scope of Work or Professional
Services, shall be the property of the SANITATION DISTRICT. The SANITATION
DISTRICT's ownership of these documents includes use of, reproduction or
reuse of and all incidental rights, whether or not the work for which they were
prepared has been performed. The SANITATION DISTRICT ownership
entitlement arises upon payment or any partial payment for work performed and
includes ownership of any and all work product completed prior to that payment.
This Section shall apply whether the CONSULTANT's Professional Services are
terminated: a) by the completion of the AGREEMENT, or b) in accordance with
other provisions of this AGREEMENT. Notwithstanding any other provision of this
paragraph or AGREEMENT, the CONSULTANT shall have the right to make
copies of all such plans, studies, sketches, drawings, computer printouts and disk
files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the study or deliverable where the subsequent changes or
uses are not authorized or approved by CONSULTANT, provided that the service
rendered by CONSULTANT was not a proximate cause of the damage.
8. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will
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accept State Compensation Insurance Fund, for the required policy of
Workers 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:
Three Million Dollars ($3,000,000) per occurrence with Three Million Dollars
($3,000,000)aggregate. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement),
products liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, and cross liability and severability of interest clauses. A statement on
an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement(s). If requested by SANITATION DISTRICT and
applicable, XCU coverage (Explosion, Collapse and Underground) and
Riggers/On Hook Liability must be included in the General Liability policy and
coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
D. 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.
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E. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
F. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
Agreement, standard industry form professional negligence errors and omissions
insurance coverage in an amount of not less than Five Million Dollars
($5,000,000)with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
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.
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G. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The CONSULTANT shall provide OCSD
with access to copies of its insurance certificates and amendatory endorsements
affective coverage at its regional office in Irvine, California during normal working
hours. Confidential information may be redacted from said policies, provided that
verification of coverage may not be redacted. Said policies and endorsements
shall conform to the requirements herein stated. The following are approved
forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (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.
H. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30)days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty(30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT 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, Div. 260, and shall be
received by the SANITATION DISTRICT not less than thirty (30)days prior to the
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effective date of the change(s) if the change would reduce coverage or increase
deductibles or SIR amounts or otherwise reduce or limit the scope of insurance
coverage provided to the SANITATION DISTRICT.
I. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
J. Separation of Insured
All liability policies shall contain a "Separation of Insureds" clause.
K. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it
limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to
persons or property.
L. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses. The SANITATION
DISTRICT will not invoke the option expressed in this paragraph unless it has
reasonable cause to question CONSULTANT's financial strength.
M. Defense Costs
Liability policies (except Errors and Omissions/Professional Liability) shall have
a provision that defense costs for all insureds and additional insureds are paid in
addition to and do not deplete any policy limits.
N. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for
any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant's operations and work.
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O. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT. Nothing in this section, however,
requires CONSULTANT in the absence of litigation to reveal its Errors and
Omissions/Professional Liability limits beyond that required above in other
sections.
9. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by the 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.
10. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
AGREEMENT, the names and full description of all Subconsultants and
CONSULTANT's project team members anticipated to be used on this Project under this
AGREEMENT by CONSULTANT. CONSULTANT shall include a description of the work
and services to be done by each Subconsultant and each of CONSULTANT's Project
team member. CONSULTANT shall include the respective compensation amounts for
CONSULTANT and each Subconsultant, broken down as indicated in Section 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.
11. ENGINEERING REGISTRATION
The CONSULTANTS personnel and Subconsultants are comprised of registered
engineers and a staff of specialists and draftsmen in each department. The firm itself is
not a registered engineer but represents and agrees that wherever, in the performance
of this AGREEMENT, the services of a registered engineer is required, such services
hereunder will be performed under the direct supervision of registered engineers who
are registered in California.
12. 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.
PSA PROJECT NO.PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 13 of 19
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.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to transform CONSULTANT, its staff, independent
contractors, or Subconsultants into employees of the SANITATION DISTRICT.
CONSULTANT'S staff performing services under the AGREEMENT shall at all times be
employees and/or independent contractors of CONSULTANT. CONSULTANT shall
monitor and control its staff and pay wages, salaries, and other amounts due directly to
its staff in connection with the AGREEMENT. CONSULTANT shall be responsible for
hiring, review, and termination of its staff and shall be accountable for all reports and
obligations respecting them, such as social security, income tax withholding,
unemployment compensation, workers' compensation and similar matters.
14. 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 and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Michelle Chewning, Senior Contracts Administrator
Copy: Sharon Yin, Project Manager
CONSULTANT:
Black and Veatch Corporation
800 Wilshire Blvd., Suite 600
Los Angeles, CA 90017
Attention: James H. Clark, P.E.
PSA PROJECT NO. PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 14 of 19
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
15. TERMINATION
The SANITATION DISTRICT may terminate this AGREEMENT at any time, without
cause, upon giving thirty(30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this AGREEMENT upon thirty (30)days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this AGREEMENT, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT at the address
listed in Paragraph 13.
16. 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, electronic materials, computation and study materials in
its files pertaining to the work described in this AGREEMENT, which is requested in
writing by the SANITATION DISTRICT.
17. 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.
18. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each Party is a person duly authorized to
execute this AGREEMENT for that Party.
19. 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.
PSA PROJECT NO. PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 15 of 19
20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses,judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims")which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A)the active negligence or willful misconduct of the Indemnified Parties; or
(B)a natural disaster or other act of God, such as an earthquake; or
(C)the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
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.
PSA PROJECT NO.PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 16 of 19
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 DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
CONSULTANT'S indemnification obligation hereunder shall survive the expiration or
earlier termination of this AGREEMENT until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
24. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the Safety Manual, as applicable, all of which may be amended from
time to time.
25. 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.
PSA PROJECT NO. PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 17 of 19
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 the 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.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
PSA PROJECT NO. PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 18 of 19
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: BLACK AND VEATCH CORPORATION
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
Chair, Board of Directors Date
By
Kelly A. Lore
Clerk of the Board Date
By
Marc Dubois Date
Contracts, Purchasing and Materials
Management Division 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 Attached
Attachment"G" Cost Matrix& Cost Summary
Attachment"H" Not Attached
Attachment"I" Not Attached
Attachment"J" Minor Subconsultant Hourly Rate Schedule
Attachment"K" OCSD Safety Standards
MEC:yp
PSA PROJECT NO. PS-1541
01/27/15 BIOSOLIDS MASTER PLAN
Page 19 of 19
OPERATIONS COMMITTEE Neeing Dare TOBA.Of DIr.
1VO2115 12/16/15
AGENDA REPORT em Number Item Numbe
9
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Director of Engineering
SUBJECT: DOVER DRIVE TRUNK SEWER RELIEF, PROJECT NO. 5-63
GENERAL MANAGER'S RECOMMENDATION
Approve a contingency increase of $596,000 (9.63%) to the construction contract with
Mike Bubalo Construction Co., Inc. for the Dover Drive Trunk Sewer Relief,
Project No. 5- 63, for a total contingency of$2,452,700 (39.63%).
SUMMARY
The Dover Drive Trunk Sewer Relief, Project No. 5-63, provides for the increase in the
hydraulic capacity of approximately 7,300 feet of existing sewer lines located along
Dover Drive, between Irvine Avenue and Pacific Coast Highway, in the City of Newport
Beach. The project was designed by Atkins North America, Inc. and the construction
contract was competitively bid and awarded to Mike Bubalo Construction Co., Inc. in
March 2013.
This was a very challenging project and significant additional work was required to
mitigate risks and properly handle unknown site conditions during the construction of
the project. An initial 20% contingency increase was approved in November of 2013 in
order to provide for an additional 3,200-foot bypass pipeline in order to mitigate potential
spill risks due to the existing pipeline condition that was unknown at the time of bid.
This was a significant impact that was coupled with typical changes with a project of this
type including unknown utilities and traffic control changes to mitigate public impact.
As the project progressed, additional unknown underground conditions were
experienced including groundwater, poor native soil compaction, and significant
pavement variances. These all contributed to Contractor production issues and
changes in means and methods to complete the work effectively.
The changes outlined above resulted in significant impacts to the Contractor, many of
which were not quantified while the work was progressing. The construction was largely
completed in 2014, but several outstanding Contractor Requests for Change have
prevented a final closure of the project in order to negotiate and resolve all of the
outstanding disputed items. These are now negotiated and included in a final contract
change order the amount of which exceeds the previously approved contingency. This
requested contingency increase will provide final resolution of all outstanding issues and
allow closure of this project.
Page 1 of 3
PRIOR COMMITTEE/BOARD ACTIONS
November 2013 — Ratified the General Manager's Use of Emergency Purchasing
Authority Pursuant to Delegation of Authority Resolution 07-04, Section 3.09, approving
a contingency increase of $1,237,800 (20%), for a total contingency of $1,856,700
(30%).
March 2013 — Approved plans and specifications, approved Addendum Nos. 1 through
4 to the plans and specifications, awarded a construction contract to Mike Bubalo
Construction Co., Inc., for a total amount not to exceed $6,189,000, and approved a
contingency of$618,900 (10%).
ADDITIONAL INFORMATION
Schedule impacts of approximately two months were incurred during the installation of a
separate 3,200 foot bypass line due to the severely deteriorated condition of the existing
sewer. The time impacts to critical path work resulted in added field office overhead
costs to the project. Once installation of the new sewer was completed, approximately
520 feet of the temporary bypass line was removed, work which had to be performed at
night, and required restoration of the impacted roadway. The cost not only to install, but
to remove the bypass piping and repave the roadway was a significant change in the
scope of work and associated cost.
Scope and costs for roadway restoration and repaving after installing 7,300 feet of new
sewer were higher than originally anticipated. It was anticipated that the asphalt depth
was approximately five inches and would be restored to its existing thickness; however
substantially thicker pavement sections were encountered during construction. To
resolve this issue and for continuity with its standards, the City of Newport Beach
requested that eight inches be placed along the entire project alignment. The cost to
increase the asphalt pavement section from five inches to eight inches along the 7,300
foot project was a significant change in the scope of work and associated cost.
In addition, existing deteriorated pavement conditions along Dover Drive worsened
during construction operations. To ensure safe traffic travel after construction, these
areas were repaved by the project concurrent with the roadway restoration work over
the new sewer trench. This increased scope of repaving work resulted in added costs
to the project.
Unknown conditions were pervasive along the project alignment. Items encountered
varied from unknown utilities in conflict with the new pipe installation and/or manhole
construction, including unknown concrete encasements and steel casings, to installation
of additional dewatering wells due to unanticipated and excessive groundwater, and
saturated soil conditions that required additional shoring efforts, including off-haul of
unsuitable soils and import of suitable backfill material. To help mitigate impacts to the
public with the additional soil removals, the staging site was changed to a larger area at
Plant No. 2 requiring additional hauling of the materials. The added efforts to mitigate
these conditions resulted in increased costs to the project.
Page 2 of 3
Lastly, loosely compacted soil over the existing sewer was encountered along a 270
foot section along Dover Drive. Trenching operations for the new sewer along this area
compounded by the loose soil resulted in settlement of the adjacent pavement. To
protect the integrity of the existing sewer and the roadway, it was decided to excavate
and re-compact the soil over the existing pipe to protect it from damage during
installation of the new sewer, and to provide the roadway with the required compacted
subgrade to prevent future settlement of the new pavement. This unknown condition
resulted in added scope and associated costs to the project.
CEQA
This project was included in the June 2007 Collections, Programmatic Environmental
Impact Report, was certified on August 22, 2007, and a Notice of Determination was
filed on August 23, 2007.
BUDGET/ PURCHASING ORDINANCE COMPLIANCE
This request complies with authority levels of the Sanitation District's Purchasing
Ordinance. This item has been budgeted. (Line item: Budget Update FY 2015-16,
Page A-7).
Date of ADDroval Contract Amount Continaencv
03/27/13 $6,189,000 $ 618,900 (10%)
11/20/13 $1,237,800 (20%)
12/16/15 $ 596,000 (9.63%)
$2,452,700 (39.63%)
ATTACHMENT
The following attachment(s) maybe viewed on-line at the OCSD website (www.ocsd.com) with the
complete agenda package:
N/A
DF:dm:gc
Page 3 of 3
OPERATIONS COMMITTEE Melting Date To ad.of Dir.
Melting
-
AGENDA REPORT Item Number Item Number
o —
Orange County Sanitation District
FROM: James D. Herberg, General Manager
Originator: Bob Ghirelli, Assistant General Manager
SUBJECT: COMMUNITY OUTREACH
GENERAL MANAGER'S RECOMMENDATION
Information Only.
SUMMARY
At the Orange County Sanitation District's Strategic Planning Session on October 21, one
of the topics discussed was OCSD's community outreach efforts. As a follow up, staff will
provide an informational presentation on OCSD outreach at this month's committee
meetings.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
BUDGET/PURCHASING ORDINANCE COMPLIANCE
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (wwwocsd.com) with the
complete agenda package:
N/A
NJA:pe
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
CARB California Air Resources Board
CASA California Association of Sanitation Agencies
CCTV Closed Circuit Television
CEQA California Environmental Quality Act
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 U.S. Environmental Protection Agency
FOG Fats, Oils, and Grease
FSSD Facilities Support Services Department
gpd Gallons per day
GWR System Groundwater Replenishment System (also called GWRS)
ICS Incident Command System
IERP Integrated Emergency Control 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 and Maintenance
OCCOG Orange County Council of Governments
OCHCA Orange County Health Care Agency
OCSD Orange County Sanitation District
OCWD Orange County Water District
GOBS Ocean Outfall Booster Station
OSHA Occupational Safety and Health Administration
POTW Publicly Owned Treatment Works
ppm Parts per million
RFP Request For Proposal
RWQCB Regional Water Quality Control Board
SARFPA Santa Ana River Flood Protection Agency
Glossary of Terms and Abbreviations
SARI Santa Ana River Inceptor
SARWQCB Santa Ana Regional Water Quality Control Board
SAWPA Santa Ana Watershed Project Authority
SCADA Supervisory Control and Data Acquisition system
SCAP Southern California Alliance of Publicly Owned Treatment Works
SCAQMD South Coast Air Quality Management District
SOCWA South Orange County Wastewater Authority
SSMP Sanitary Sewer Management Plan
SSO Sanitary Sewer Overflow
SWRCB State Water Resources Control Board
TDS Total Dissolved Solids
TMDL Total Maximum Daily Load
TSS Total Suspended Solids
WDR Waste Discharge Requirements
WEF Water Environment Federation
WERF Water Environment Research Foundation
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 know 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.
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
farm land or further processed as an earth-like product for commercial and home gardens to improve
and maintain fertile soil and stimulate plant growth.
Capital Improvement Program (CIP) — Projects for repair, rehabilitation, and replacement of assets.
Also includes treatment improvements, additional capacity, and projects for the support facilities.
Coliform bacteria—A group of bacteria found in the intestines of humans and other animals, but also
occasionally found elsewhere used as indicators of sewage pollution. E. coli are the most common
bacteria in wastewater.
Collections system — In wastewater, it is the system of typically underground pipes that receive and
convey sanitary wastewater or storm water.
Certificate of Participation (COP) —A type of financing where an investor purchases a share of the
lease revenues of a program rather than the bond being secured by those revenues.
Glossary of Terms and Abbreviations
Contaminants of Potential Concern (CPC) — Pharmaceuticals, hormones, and other organic
wastewater contaminants.
Dilution to Threshold (D!f) — the dilution at which the majority of the people detect the odor
becomes the DrT for that air sample.
Greenhouse gases — 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 (GWR) System — 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 a
day of drinking quality water to replenish the local groundwater supply.
Levels of Service (LOS)—Goals to support environmental and public expectations for performance.
NDMA— N-Nitrosodimethylamine is an N-nitrosoamine 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 (NACWA) and Water Environment Federation (WEF), with advisory support from the U.S.
Environmental Protection Agency (EPA). NBP is committed to developing and advancing
environmentally sound and sustainable biosolids management practices that go beyond regulatory
compliance and promote public participation in order to enhance the credibility of local agency
biosolids programs and improved communications that lead to public acceptance.
Plume—A visible or measurable concentration of discharge from a stationary source or fixed facility.
Publicly-owned Treatment Works (POTW)— Municipal wastewater treatment plant.
Santa Ana River Interceptor (SARI) Line — A regional brine line designed to convey 30 million
gallons per day (MGD) 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 run-off.
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.
Glossary of Terms and Abbreviations
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. OCSD's service area is
in the Santa Ana River Watershed.