HomeMy WebLinkAbout04-27-2022 Board Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order.
Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating
in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here.
Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting.
Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 608 190 602#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone
number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at:
https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance
of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into
the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS
For technical assistance before and during the meeting, please call 714-593-7431. For
any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San!
April 20, 2022
NOTICE OF REGULAR MEETING
BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
Wednesday, April 27, 2022 – 6:00 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed in the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during meetings: you may join the meeting live via Teams on your
computer or similar device or web browser, join the meeting live via
telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
The Regular Meeting of the Board of Directors of the Orange County Sanitation District will be held at the above location and in the manner
indicated on Wednesday, April 27, 2022 at 6:00 p.m.
0 ~SAN 10844 Ellis Avenue
Fountain Valley, CA 92708
714.962.2411
ORANGE COUNTY SANITATION DISTRICT www.ocsan.gov
Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
Serving:
Anaheim
Brea
Buena Park
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
Irvine
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
Santa Ana
Seal Beach
Stanton
Tustin
Villa Park
County of Orange
Costa Mesa
Sanitary District
Midway City
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District
BOARD MEETING DATES
May 25, 2022
June 22, 2022
July 27, 2022
August 24, 2022
September 28, 2022
October 26, 2022
November 16, 2022 *
December 21, 2022 *
January 25, 2023
February 22, 2023
March 22, 2023
April 26, 2023
* Meeting will be held on the third Wednesday of the month
ORANGE COUNTY SANITATION DISTRICT Effective 03/07/2022 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim
Stephen Faessel
Gloria Ma’ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz-Mallari Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan
La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Ted Lindsey County Areas
Board of Supervisors Donald P. Wagner
Doug Chaffee
BOARD OF DIRECTORS
Regular Meeting Agenda
Wednesday, April 27, 2022 - 6:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) 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 OC San's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, and on the OC San’s website at www.ocsan.gov not less than 72 hours
prior to the meeting date and time above. All public records relating to each agenda item, including any public
records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are
available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14
days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
CALL TO ORDER
Board Chairman John Withers
INVOCATION AND PLEDGE OF ALLEGIANCE
Kim Nichols, City of Orange
ROLL CALL AND DECLARATION OF QUORUM
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during
the meeting.
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please
raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board
before or during the public comment period.
You may submit your comments and questions in writing for consideration in advance of the meeting by using the
eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to
OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment
feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for
the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as
part of the record.
SPECIAL PRESENTATIONS:
1.2022-2239EMPLOYEE SERVICE AWARDS
20-year Service Awards
Dave Andrade, Lead Mechanic - Division 820
Jennifer Cabral, Administration Manager - Division 110
Originator:Kelly Lore
2.2022-2243CALIFORNIA WATER ENVIRONMENTAL ASSOCIATION (CWEA)
PRESENTATION OF AWARDS
Operator of the Year: Anthony Chang - Division 830
Plant Safety of the Year - Large
Page 1 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
Originator:Kelly Lore
REPORTS:
The Board Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Board of Directors, after one
motion, without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be
considered in the regular order of business.
3.2022-2240APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Board of Directors Meeting held March 23, 2022 and
the Special Board of Directors Meeting held April 13, 2022.
Originator:Kelly Lore
Agenda Report
03-23-2022 Board Meeting Minutes
04-13-2022 Special Board Meeting Minutes
Attachments:
RECEIVE AND FILE:
4.2021-2014REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF MARCH 2022
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of March 2022.
Originator:Lorenzo Tyner
Agenda Report
Report of the Investment Transactions for the Month of March
2022
Attachments:
5.2022-2059COMMITTEE MEETING MINUTES
RECOMMENDATION: Receive and file the following:
A.Minutes of the GWRS Steering Committee Meeting held January 10, 2022
B.Minutes of the Steering Committee Meeting held February 23, 2022
C.Minutes of the Administration Committee Meeting held March 9, 2022
D.Minutes of the Legislative and Public Affairs Committee Meeting held March 14,
2022
E.Minutes of the Special Operations Committee Meeting held March 16, 2022
Originator:Kelly Lore
Page 2 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
Agenda Report
01-10-2022 GWRS Steering Committee Minutes
02-23-2022 Steering Committee Minutes
03-09-2022 Administration Committee Minutes
03-14-2022 LaPA Committee Minutes
03-16-2022 Operations Committee Minutes - Special Meeting
Attachments:
OPERATIONS COMMITTEE:
6.2022-2251INTERSTATE 405 WIDENING PROJECT IMPACTS ON OCSD
SEWERS, PROJECT NO. 3-66
RECOMMENDATION:
A. Approve the First Amendment to Utility Agreement No. UK204650, between the
Orange County Sanitation District and the Orange County Transportation
Authority for Interstate 405 Widening Project Impacts on OCSD Sewers, Project
No. 3-66; and
B. Approve the First Amendment to Utility Agreement No. UK201113, between the
Orange County Sanitation District and the Orange County Transportation
Authority for Interstate 405 Widening Project Impacts on OCSD Sewers, Project
No. 3-66.
Originator:Kathy Millea
Agenda Report
3-66 UK201113-2 OCSAN 1113 - First Amendment to
Agreement
3-66 UK204650-2 OCSAN 1114 - First Amendment to
Agreement
Utility Agreement UK201113
Utility Agreement UK204650
Attachments:
7.2022-2252SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1, PROJECT
NO. FE20-07
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Santa Ana Trunk
Rehabilitation at Plant No. 1, Project No. FE20-07;
B. Award a Construction Contract to Sancon Technologies, Inc. for Santa Ana
Trunk Rehabilitation at Plant No. 1, Project No. FE20-07, for an amount not to
exceed $395,082; and
C. Approve a contingency of $79,016 (20%).
Originator:Kathy Millea
Page 3 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
Agenda Report
FE20-07 Contract Agreement
Attachments:
8.2022-2253PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT
PLANT NO. 1, PROJECT NO. P1-126
RECOMMENDATION:
A. Approve a Professional Design Services Agreement with Black & Veatch
Corporation to provide engineering services for Primary Sedimentation Basins
No. 3-5 Replacement at Plant No. 1, Project No. P1-126, for an amount not to
exceed $14,163,000; and
B. Approve a contingency of $1,416,300 (10%).
Originator:Kathy Millea
Agenda Report
P1-126 PDSA
Presentation - P1-126 PDSA
Attachments:
9.2022-2254SANTA ANA TRUNK SEWER REHABILITATION, PROJECT NO. 1-23
RECOMMENDATION:
A. Approve a Professional Design Services Agreement with Stantec Consulting
Services Inc. to provide engineering services for Santa Ana Trunk Sewer
Rehabilitation, Project No. 1-23, for an amount not to exceed $3,880,000; and
B. Approve a contingency of $388,000 (10%).
Originator:Kathy Millea
Agenda Report
1-23 PDSA
Presentation - 1-23 PDSA
Attachments:
10.2022-2255SUPPLEMENTAL ENGINEERING SERVICES, CONTRACT NO.
PSA2021-002
RECOMMENDATION:
Approve Professional Services Agreements to provide Supplemental Engineering
Services, Contract No. PSA2021-002, for a three-year period commencing May 1,
2022, through April 30, 2025, with two one-year renewal options, for an amount not to
exceed $29,700,000 per individual agreement with the following two firms:
·AECOM Technical Services, Inc.
·Jacobs Project Management Co.
Page 4 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
Originator:Kathy Millea
Agenda Report
PSA2021-002-1 PSA AECOM
PSA2021-002-2 PSA Jacobs
Presentation - PSA2021-002 SES Award
Attachments:
11.2022-2256PROFESSIONAL PROGRAMMING SERVICES, CONTRACT NO.
PSA2021-001
RECOMMENDATION:
Approve Professional Services Agreements to provide Professional Programming
Services, Contract No. PSA2021-001, for a three-year period commencing May 1,
2022, through April 30, 2025, with two one-year renewal options, for an amount not to
exceed $4,900,000 per individual agreement with the following two firms:
·Enterprise Automation
·Maverick Technologies, LLC
Originator:Kathy Millea
Agenda Report
PSA2021-001-1 PSA - Enterprise
PSA2021-001-2 PSA - Maverick
Presentation - PSA2021-001 PSA Award
Attachments:
ADMINISTRATION COMMITTEE:
12.2022-2268FINANCIAL INFORMATION SYSTEM PURCHASE ORDER RENEWAL
RECOMMENDATION:
A. Approve a five-year Sole Source Purchase Order with Oracle America, Inc. for
an annual amount of $95,828, with a total not to exceed $479,140, commencing
July 1, 2022, through June 30, 2027; and
B. Approve a contingency in the amount of $47,914 (10%).
Originator:Lorenzo Tyner
Agenda ReportAttachments:
Page 5 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
13.2022-2269SEWER SERVICE RATE STUDY
RECOMMENDATION:
A. Approve a Professional Consultant Services Agreement to HDR Engineering,
Inc. to provide a Comprehensive Cost of Service Rate Study Specification No.
CS-2021-1287BD, for a total amount not to exceed $234,950; and
B. Approve a contingency of $23,495 (10%).
Originator:Lorenzo Tyner
Agenda Report
CS-2021-1287BD PCSA HDR Engineering
Attachments:
14.2022-2270REPLACE CAMPUS ACCESS NETWORK SWITCHES AND INDOOR
WI-FI ACCESS POINTS
RECOMMENDATION:
A. Approve a Purchase Order to Saitech Inc. for the procurement of campus
networking equipment hardware and software to update and replace end-of-life
equipment operating in the Orange County Sanitation District communications
and computing environment, Specification No. E-2022-1305BD, for a total
amount not to exceed $549,050 plus sales tax and freight; and
B. Approve a contingency in the amount of $54,905 (10%).
Originator:Lorenzo Tyner
Agenda ReportAttachments:
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
15.2022-2260LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2022
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of March 2022.
Originator:Jim Herberg
Agenda Report
ENS Legislative Update
Federal Legislative Matrix - ENS Resources
Presentation - ENS Legislative Update
TPA Legislative Update
State Legislative Matrix - TPA
Presentation - TPA Legislative Update
Grant Matrix 2022
Attachments:
Page 6 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
16.2022-2261PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2022
RECOMMENDATION:
Receive and file the Public Affairs Update for the month of March 2022.
Originator:Jim Herberg
Agenda Report
Outreach Report and Media Summary March 2022
Presentation - Public Affairs Update
Attachments:
STEERING COMMITTEE:
17.2022-2285SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL
GENERATION FACILITIES’ CARBON MEDIA CHANGE-OUT
RECOMMENDATION:
Approve a Sole Source Purchase Order Contract to Carbon Activated Corporation to
change out granular activated carbon media for Biogas Cleaning Systems at Plant Nos .
1 and 2 Central Generation (Cen-Gen) Facility, for a total amount not to exceed
$236,500 through June 30, 2022.
Originator:Riaz Moinuddin
Agenda ReportAttachments:
NON-CONSENT:
18.2022-2249CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS
RECOMMENDATION:
Adopt Resolution No. OC SAN 22-13 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
Originator:Kelly Lore
Agenda Report
Resolution No. OC SAN 22-13
Attachments:
INFORMATION ITEMS:
None.
Page 7 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
AB 1234 DISCLOSURE REPORTS:
This item allows Board members to provide a brief oral report regarding the disclosure of outside committees,
conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d).
CLOSED SESSION:
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the
Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations,
pending or potential litigation, or personnel matters, pursuant to Government Code Sections 54956.8, 54956.9,
54957 or 54957.6, as noted.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c)
employment actions or negotiations with employee representatives; or which are exempt from public disclosure
under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are
not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes
will reflect all required disclosures of information.
CONVENE IN CLOSED SESSION.
CS-1 2022-2275CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives: General Manager James Herberg, Assistant General
Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia
Chandler, and Chief Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisors and Professionals Group.
Agenda Report
General Counsel Memo re Labor Negotiations_Board
04-27-22
Attachments:
RECONVENE IN REGULAR SESSION.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 8 of 9
BOARD OF DIRECTORS Regular Meeting Agenda Wednesday, April 27, 2022
ADJOURNMENT:
Adjourn the Board meeting until the Regular Meeting of the Board of Directors on May 25,
2022 at 6:00 p.m.
Page 9 of 9
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2240 Agenda Date:4/27/2022 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
APPROVAL OF MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Minutes of the Regular Board of Directors Meeting held March 23, 2022 and the Special
Board of Directors Meeting held April 13, 2022.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-04
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Minutes of the Board of Directors meeting held March 23, 2022
·Minutes of the Special Board of Directors meeting held April 13, 2022
Orange County Sanitation District Printed on 4/18/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
ORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
MARCH 23, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Minutes March 23, 2022
CALL TO ORDER
A regular meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman John Withers on Wednesday, March 23, 2022 at 6:01 p.m.
in the Administration Building of the Orange County Sanitation District. Chair Withers stated
that the meeting was being held telephonically and via Internet accessibility in accordance
with new provisions in California Government Code Section 54953 and Resolution No. OC
SAN 22-08, due to the continued State of Emergency Order. Chair Withers announced the
teleconference meeting guidelines. Director Brad Avery delivered the invocation and led the
Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Joshua Martinez were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Mortimer
Caparas; Brian Engeln; John Frattali; Tina Knapp; Wally Ritchie; and Thomas Vu were in
attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore stated that she made minor changes to the attachments to Item
No. 13 and provided a redlined version to the Board Members and made them available to
the public.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2022-2184
Originator: Kelly Lore
Chair Withers recognized the following:
Page 1 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
20-year Service Awards
Robert Amaro, Instrumentation Tech I - Division 870
Michelle Spengler, Engineering Assistant II - Division 770
25-year Service Award
Ed Kovanda, Senior Construction Inspector - Division 770
30-year Service Award
Kevin Hadden, Principal Staff Analyst - Division 740
REPORTS:
Chair Withers announced that the business of the Headquarters Complex Ad Hoc Committee
had concluded, and the Committee was sunsetted on March 21, 2022. He stated that letters
were sent to the Committee Members thanking them for their service on the project
development and that staff will continue inform the Board on the building progress through the
GM Monthly Report and quarterly presentations at both the Operations and Administration
Committees.
Chair Withers announced and congratulated General Manager Jim Herberg on being
recognized by the WateReuse Association with the Advocacy Achievement Award for his
contributions to water recycling and water reuse.
Chair Withers stated that tonight's agenda contains a Resolution to continue teleconferencing
of Committee and Board public meetings, indicating that although we had previously planned
a return to in person meetings beginning in April, based on legal counsel’s review and the
Orange County’s Health Officer’s Orders, we may continue in this virtual setting with the
approval of the Board of Directors.
Chair Withers stated that tomorrow the members would be receiving the Board of Directors
talking points regarding OC San activities for your use while reporting to their councils,
boards, and community groups.
General Manager Herberg announced that OC San has been informed of two awards that we
will receive from the California Water Environmental Association next month:
o Operator of the Year OC San's Lead Plant Operator, Anthony Chang
o Plant Safety of the Year
At the request of the Board of Directors, Mr. Herberg stated that OC San has opened relevant
classes from the OC San U development program to our member agencies. He stated that
registration for the first class closes Friday March 25 and is for the Supervisor, Transition, and
Readiness Training program.
Mr. Herberg reported on OC San's return to office plan, and future in-person public meetings,
including telecommuting staff who began their limited return onsite this week with additional
staff returning in April.
Page 2 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2022-2185
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Board of Directors Meeting held February 23, 2022.
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
RECEIVE AND FILE:
3.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF FEBRUARY 2022
2021-2012
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Report of the Investment Transactions for the month of February 2022.
4.COMMITTEE MEETING MINUTES 2022-2058
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the Audit Ad Hoc Committee Meeting held January 20, 2022
B.Minutes of the Steering Committee Meeting held January 26, 2022
C.Minutes of the Operations Committee Meeting held February 2, 2022
D.Minutes of the Legislative and Public Affairs Committee Meeting held February 7,
2022
E.Minutes of the Administration Committee Meeting held February 9, 2022
OPERATIONS COMMITTEE:
Item No.6 & 8 were pulled and heard separately.
Page 3 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
5.PRIMARY SEDIMENTATION BASINS NO. 6-31 RELIABILITY
IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-133
2022-2130
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Construction Services Agreement with Carollo
Engineers, Inc. to provide construction support services for Primary
Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1, Project
No. P1-133, for an amount not to exceed $530,000; and
B. Approve a contingency of 53,000 (10%)
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
7.DIGESTERS REHABILITATION AT PLANT NO. 2, PROJECT NO.
P2-137
2022-2206
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Design Services Agreement with CDM Smith, Inc. to
provide engineering services for Digesters Rehabilitation at Plant No. 2, Project
No. P2-137, for an amount not to exceed $2,700,000; and
B. Approve a contingency of $270,000 (10%).
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
Page 4 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
9.COATING INSPECTION AND CORROSION TESTING SERVICES, PSA
2022-001
2022-2208
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Professional Services Agreements to provide on-call Coating Inspection and
other Corrosion Testing Services for Collection System and Treatment Plant projects,
PSA2022-001, for a three-year period effective May 1, 2022, for an amount not to
exceed $300,000 per individual agreement ($600,000 total) with the following two firms:
·CSI Services, Inc.
·Diversified Project Services International (DPSI)
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
10.MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL
TESTING SERVICES, PSA2022-003
2022-2209
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a Professional Services Agreement to provide on-call Materials Testing,
Inspection, and Other Geotechnical Testing Services for Collection System and
Treatment Plant Projects, PSA2022-003, for a three-year period effective May 1, 2022,
for an amount not to exceed $400,000 per individual agreement ($1,600,000 total) with
the following four firms:
·Atlas Technical Consultants LLC
·Aesco Technologies
·MTGL, Inc.
·Koury Engineering and Testing, Inc.
Page 5 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
11.SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2,
PROJECT NO. FE19-08
2022-2210
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment
VFD Replacements at Plant No. 2, Project No. FE19-08;
B. Receive and file Orange County Sanitation District’s Notice of Intent to Award
dated January 27, 2022;
C. Receive and file Award Protest from LEED Electric, Inc. dated February 2, 2022,
concerning the award to ACS Engineering;
D. Receive and file Orange County Sanitation District’s determination letter dated
February 10, 2022 to LEED Electric, Inc. responding to award protest;
E. Award a Construction Contract to ACS Engineering for Secondary Treatment
VFD Replacements at Plant No. 2, Project No. FE19-08, for an amount not to
exceed $1,433,000; and
F. Approve a contingency of $143,300 (10%).
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Andrew Nguyen, Robert Ooten, Glenn Parker, David
Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John Withers
and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez, Paulo Morales and Kim Nichols
ABSTENTIONS:None
Page 6 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
Director Paulo Morales arrived at the meeting at approximately 6:17p.m.
6.WASTE SIDESTREAM PUMP STATION VFD REPLACEMENTS AT
PLANT NO. 1, PROJECT NO. FR1-0016
2022-2205
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Receive and file Bid Tabulation and Recommendation for Waste Sidestream
Pump Station VFD Replacements at Plant No. 1, Project No. FR1-0016;
B. Award a Construction Contract to LEED Electric, Inc. for Waste Sidestream
Pump Station VFD Replacements at Plant No. 1, Project No. FR1-0016, for an
amount not to exceed $344,889; and
C. Approve a contingency of $51,733 (15%).
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
8.SURVEYING SERVICES, PSA2022-002 2022-2207
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Professional Services Agreements to provide on-call surveying services for
collection system and treatment plant projects, PSA2022-002, for a three-year period
effective May 1, 2022, for an amount not to exceed $200,000 per individual agreement
($800,000 total) with the following four firms:
·Michael Baker International, Inc.
·Stantec Consulting Services, Inc.
·Psomas
·D. Woolley & Associates, Inc.
Page 7 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
ADMINISTRATION COMMITTEE:
12.STRATEGIC PROCESS STUDY FOR MEIOFAUNA BASELINE
ASSESSMENT
2022-2211
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Professional Consultant Services Agreement to Florida State
University Sponsored Research Administration to provide a Meiofauna Baseline
Strategic Process Study (Specification No. CS-2021-1266BD) for a total amount
not to exceed $277,946; and
B. Approve a contingency of 27,795 (10%).
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
13.UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES
AND RECORDS RETENTION SCHEDULE RESOLUTION
2022-2212
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-10 entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OC SAN 21-08”.
Page 8 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
14.REPLACE SERVER AND STORAGE INFRASTRUCTURE FOR PLANT
NO. 1 INDUSTRIAL CONTROL SYSTEM
2022-2213
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Purchase Order to ePlus Technology, Inc. for the purchase of
software, hardware, and services to implement and configure the Nutanix metro
clusters for Plant No. 1 Industrial Control System, Specification No.
E-2022-1300BD, for a total amount not to exceed $560,195, plus applicable
sales tax and shipping; and
B. Approve a contingency in the amount of $56,019 (10%).
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
15.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2022 2022-2216
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Public Affairs Update for the month of February 2022.
Page 9 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
16.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY
2022
2022-2217
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Legislative Affairs Update for the month of February 2022.
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
STEERING COMMITTEE:
None.
NON-CONSENT:
17.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2186
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-11 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
Page 10 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Stephen Faessel, Ryan Gallagher, Marshall Goodman, Patrick
Harper, Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales, Andrew Nguyen, Robert Ooten, Glenn
Parker, David Shawver, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers and Chad Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez and Kim Nichols
ABSTENTIONS:None
INFORMATION ITEMS:
None.
AB 1234 DISCLOSURE REPORTS:
Director Faessel and Director Shawver provided reports.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.8 & 54956.9(d)(1).
The Board convened in closed session at 6:31p.m. Item No. CS-2 was not heard.
Confidential minutes of the Closed Sessions have been prepared in accordance with the
above Government Code Sections and are maintained by the Clerk of the Board in the
Official Book of Confidential Minutes of Board and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2022-2218
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Gilbert Barela v. Orange County Sanitation District; Steve Thornburg; Roy Reynolds;
and Does 1-100, inclusive. Superior Court of California, County of Orange, Case No.
30-2021-01220927-CU-WT-CJC.
CS-2 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2022-2219
DID NOT CONVENE IN CLOSED SESSION:
Page 11 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
Designated Representatives: General Manager James Herberg, Assistant General
Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia
Chandler, and Chief Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisors and Professionals Group.
CS-3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2022-2220
CONVENED IN CLOSED SESSION:
Property: 7292 Slater Avenue Huntington Beach, CA - APN No. 110-010-39
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, and Assistant General Manager Rob Thompson
Negotiating parties: Northington Huntington Beach Investors LLC
Under negotiation: Price and terms of payment
RECONVENED IN REGULAR SESSION.
The Board reconvened in regular session at 6:57 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 6:58 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors to be held on Wednesday, April 27, 2022 at 6:00 p.m.
Page 12 of 13
BOARD OF DIRECTORS Minutes March 23, 2022
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 13 of 13
ORANGE COUNTY SANITATION DISTRICT
MINUTES
SPECIAL MEETING
BOARD OF DIRECTORS
APRIL 13, 2022
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Minutes April 13, 2022
CALL TO ORDER
A special meeting of the Board of Directors of the Orange County Sanitation District was
called to order by Board Chairman John Withers on Wednesday, April 13, 2022 at 4:31 p.m.
in the Administration Building of the Orange County Sanitation District. Chair Withers stated
that the meeting was being held telephonically and via Internet accessibility in accordance
with new provisions in California Government Code Section 54953 and Resolution No. OC
SAN 22-11, due to the continued State of Emergency Order. Chair Withers announced the
teleconference meeting guidelines.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Brad Avery, Ron Bates, Art Brown, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Brooke Jones, Steve Jones, Anthony Kuo, Paulo
Morales, Andrew Nguyen, Kim Nichols, Robert Ooten, Glenn Parker,
David Shawver, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers and Chad Zimmerman
ABSENT:Kim Carr, Rose Espinoza and Sandra Massa-Lavitt
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mo Abiodun were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Tina Knapp;
Wally Ritchie; and Thomas Vu were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was in attendance telephonically.
PUBLIC COMMENTS:
None.
NON-CONSENT:
1.CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS 2022-2242
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Adopt Resolution No. OC SAN 22-12 entitled, “A Resolution of the Board of Directors
of the Orange County Sanitation District authorizing the continuation of Remote
Meetings pursuant to Government Code Section 54953”.
Page 1 of 2
BOARD OF DIRECTORS Minutes April 13, 2022
AYES:Brad Avery, Ron Bates, Art Brown, Stephen Faessel, Ryan
Gallagher, Marshall Goodman, Patrick Harper, Johnathan Ryan
Hernandez, Steve Jones, Anthony Kuo, Paulo Morales, Andrew
Nguyen, Kim Nichols, Robert Ooten, Glenn Parker, David Shawver,
Jesus Silva, Donald Wagner, Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr, Rose Espinoza, Brooke Jones, Sandra Massa-Lavitt and
Chad Zimmerman
ABSTENTIONS:None
Directors Brooke Jones and Chad Zimmerman arrived at the meeting after the vote on Item
No. 1.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 4:39 p.m., Chair Withers adjourned the meeting until the next Regular Meeting of the
Board of Directors on Wednesday, April 27, 2022 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 2 of 2
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-2014 Agenda Date:4/27/2022 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF MARCH 2022
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of March 2022.
BACKGROUND
The CA Government Code requires that a monthly report of investment transactions be provided to
the legislative body. Attached is the monthly report of investment transactions for the month ended
March 31, 2022.
RELEVANT STANDARDS
·CA Government Code Section 53607
PRIOR COMMITTEE/BOARD ACTIONS
N/A
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Report of the Investment Transactions for the Month of March 2022
Orange County Sanitation District Printed on 4/18/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
ACQUISITIONS
03/02/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 22.0600 1.000000 -22.06 22.06 0.00
03/02/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 137.6200 1.000000 -137.62 137.62 0.00
03/03/2022 808513BY0 PURCHASED PAR VALUE OF CHARLES SCHWAB CORP 2.450% 3/03/27 /CREDIT
SUISSE SECURITIES (USA)/2,325,000 PAR VALUE AT 99.892 %
2,325,000.0000 0.998920 -2,322,489.00 2,322,489.00 0.00
03/03/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 6,533,462.6300 1.000000 -6,533,462.63 6,533,462.63 0.00
03/07/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 118,481.2500 1.000000 -118,481.25 118,481.25 0.00
03/08/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 168,750.0000 1.000000 -168,750.00 168,750.00 0.00
03/10/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 5,063,025.5100 1.000000 -5,063,025.51 5,063,025.51 0.00
03/11/2022 06406RAM9 PURCHASED PAR VALUE OF BANK OF NY MTN 1.850% 1/27/23 /STIFEL, NICOLAUS
& CO.,INC./1,585,000 PAR VALUE AT 100.284 %
1,585,000.0000 1.002840 -1,589,501.40 1,589,501.40 0.00
03/11/2022 59217GEE5 PURCHASED PAR VALUE OF MET LIFE GLOB MTN 1.950% 1/13/23 /TD SECURITIES
(USA)/2,255,000 PAR VALUE AT 100.183 %
2,255,000.0000 1.001830 -2,259,126.65 2,259,126.65 0.00
03/11/2022 89114TZT2 PURCHASED PAR VALUE OF TORONTO DOMINION MTN 2.800% 3/10/27 /J.P.
MORGAN SECURITIES LLC/5,000,000 PAR VALUE AT 99.207 %
5,000,000.0000 0.992070 -4,960,350.00 4,960,350.00 0.00
03/11/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,191,019.0400 1.000000 -2,191,019.04 2,191,019.04 0.00
03/14/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 240,353.1300 1.000000 -240,353.13 240,353.13 0.00
03/15/2022 084664CZ2 PURCHASED PAR VALUE OF BERKSHIRE HATHAWAY 2.300% 3/15/27 /BOFA
SECURITIES, INC./FXD INC/6,875,000 PAR VALUE AT 99.981 %
6,875,000.0000 0.999810 -6,873,693.75 6,873,693.75 0.00
03/15/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 7,589,062.5000 1.000000 -7,589,062.50 7,589,062.50 0.00
03/15/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 70,798.8000 1.000000 -70,798.80 70,798.80 0.00
03/16/2022 448977AD0 PURCHASED PAR VALUE OF HYUNDAI AUTO REC 0.00001% 10/15/26 /BOFA
SECURITIES, INC./FXD INC/4,300,000 PAR VALUE AT 99.99615 %
4,300,000.0000 0.999962 -4,299,834.45 4,299,834.45 0.00
03/16/2022 47787JAC2 PURCHASED PAR VALUE OF JOHN DEERE OWNER 0.00001% 9/15/26 /BOFA
SECURITIES, INC./FXD INC/3,010,000 PAR VALUE AT 99.97788007 %
3,010,000.0000 0.999779 -3,009,334.19 3,009,334.19 0.00
03/16/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,635.6700 1.000000 -2,635.67 2,635.67 0.00
03/17/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 9,056.2500 1.000000 -9,056.25 9,056.25 0.00
03/18/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 27,943.7500 1.000000 -27,943.75 27,943.75 0.00
03/18/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 997.4600 1.000000 -997.46 997.46 0.00
03/21/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 7,418.4500 1.000000 -7,418.45 7,418.45 0.00
03/21/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 10,701.1500 1.000000 -10,701.15 10,701.15 0.00
03/23/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 41,300.0000 1.000000 -41,300.00 41,300.00 0.00
03/24/2022 912796X20 PURCHASED PAR VALUE OF U S TREASURY BILL 7/19/22 /NOMURA
SECURITIES INTERNATIONA/2,500,000 PAR VALUE AT 99.7885876 %
2,500,000.0000 0.997886 -2,494,714.69 2,494,714.69 0.00
03/25/2022 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 46,490.9200 1.000000 -46,490.92 46,490.92 0.00
03/31/2022 912796S59 PURCHASED PAR VALUE OF U S TREASURY BILL 7/28/22 /BMO CAPITAL
MARKETS CORP/BONDS/2,500,000 PAR VALUE AT 99.7545792 %
2,500,000.0000 0.997546 -2,493,864.48 2,493,864.48 0.00
1 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/31/2022 912828Z78 PURCHASED PAR VALUE OF U S TREASURY NT 1.500% 1/31/27 /CITADEL
CLEARING LLC/4,000,000 PAR VALUE AT 95.6640625 %
4,000,000.0000 0.956641 -3,826,562.50 3,826,562.50 0.00
TOTAL ACQUISITIONS 56,471,656.1900 -56,251,127.30 56,251,127.30 0.00
\\
DISPOSITIONS
03/03/2022 3133ELYR9 SOLD PAR VALUE OF F F C B DEB 0.250% 5/06/22 /MORGAN STANLEY & CO.
LLC/8,850,000 PAR VALUE AT 99.986 %
-8,850,000.0000 0.999860 8,848,761.00 -8,838,760.50 10,000.50
03/03/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2.7100 1.000000 2.71 -2.71 0.00
03/10/2022 912828N30 SOLD PAR VALUE OF U S TREASURY NT 2.125% 12/31/22 /CITIGROUP GLOBAL
MARKETS INC./5,000,000 PAR VALUE AT 100.8554688 %
-5,000,000.0000 1.008555 5,042,773.44 -4,926,562.50 116,210.94
03/11/2022 89114QC48 SOLD PAR VALUE OF TORONTO MTN 3.500% 7/19/23 /J.P. MORGAN SECURITIES
LLC/5,000,000 PAR VALUE AT 102.017 %
-5,000,000.0000 1.020170 5,100,850.00 -5,094,200.00 6,650.00
03/11/2022 912828M80 SOLD PAR VALUE OF U S TREASURY NT 2.000% 11/30/22 /J.P. MORGAN
SECURITIES LLC/2,000,000 PAR VALUE AT 100.7265625 %
-2,000,000.0000 1.007266 2,014,531.25 -1,976,875.00 37,656.25
03/11/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,859,296.3700 1.000000 3,859,296.37 -3,859,296.37 0.00
03/15/2022 9128286H8 MATURED PAR VALUE OF U S TREASURY NT 2.375% 3/15/22 7,500,000 PAR VALUE
AT 100 %
-7,500,000.0000 1.000000 7,500,000.00 -7,651,757.81 -151,757.81
03/15/2022 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C #786064 2.262% 1/01/28 FEBRUARY FHLMC
DUE 3/15/22
-11.5700 0.000000 11.57 -11.29 0.28
03/15/2022 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 3.769% 8/15/32 -66.9500 0.000000 66.95 -67.02 -0.07
03/15/2022 47787NAC3 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 0.510% 11/15/24 -99,298.0000 0.000000 99,298.00 -99,282.87 15.13
03/15/2022 58770FAC6 PAID DOWN PAR VALUE OF MERCEDES BENZ AUTO 1.840% 12/15/22 -243,699.0400 0.000000 243,699.04 -243,666.92 32.12
03/15/2022 65479JAD5 PAID DOWN PAR VALUE OF NISSAN AUTO 1.930% 7/15/24 -199,313.2600 0.000000 199,313.26 -199,302.74 10.52
03/15/2022 65479GAD1 PAID DOWN PAR VALUE OF NISSAN AUTO 3.060% 3/15/23 CMO FINAL
PAYDOWN
-50,906.1700 0.000000 50,906.17 -50,904.52 1.65
03/15/2022 89237VAB5 PAID DOWN PAR VALUE OF TOYOTA AUTO RECV 0.440% 10/15/24 -183,743.8900 0.000000 183,743.89 -183,729.74 14.15
03/15/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -6,042,019.0400 1.000000 6,042,019.04 -6,042,019.04 0.00
03/16/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -7,309,168.6400 1.000000 7,309,168.64 -7,309,168.64 0.00
03/21/2022 36225CAZ9 PAID DOWN PAR VALUE OF G N M A I I #080023 1.755% 12/20/26 FEBRUARY GNMA
DUE 3/20/22
-166.9500 0.000000 166.95 -169.71 -2.76
03/21/2022 36225CC20 PAID DOWN PAR VALUE OF G N M A I I #080088 2.000% 6/20/27 FEBRUARY GNMA
DUE 3/20/22
-110.4300 0.000000 110.43 -112.85 -2.42
03/21/2022 36225CNM4 PAID DOWN PAR VALUE OF G N M A I I #080395 1.875% 4/20/30 FEBRUARY GNMA
DUE 3/20/22
-34.5300 0.000000 34.53 -34.22 0.31
03/21/2022 36225CN28 PAID DOWN PAR VALUE OF G N M A I I #080408 1.875% 5/20/30 FEBRUARY GNMA
DUE 3/20/22
-290.7300 0.000000 290.73 -287.78 2.95
03/21/2022 36225DCB8 PAID DOWN PAR VALUE OF G N M A I I #080965 1.625% 7/20/34 FEBRUARY GNMA
DUE 3/20/22
-167.9600 0.000000 167.96 -167.86 0.10
03/24/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2,494,714.6900 1.000000 2,494,714.69 -2,494,714.69 0.00
2 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/25/2022 03215PFN4 PAID DOWN PAR VALUE OF AMRESCO 1.05169% 6/25/29 -2,396.8700 0.000000 2,396.87 -1,799.90 596.97
03/25/2022 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MT 9.50001% 9/25/43 -2,170.1700 0.000000 2,170.17 -2,457.72 -287.55
03/25/2022 31371NUC7 PAID DOWN PAR VALUE OF F N M A #257179 4.500% 4/01/28 FEBRUARY FNMA
DUE 3/25/22
-107.0600 0.000000 107.06 -113.23 -6.17
03/25/2022 31376KT22 PAID DOWN PAR VALUE OF F N M A #357969 5.000% 9/01/35 FEBRUARY FNMA
DUE 3/25/22
-1,030.3600 0.000000 1,030.36 -1,107.64 -77.28
03/25/2022 31403DJZ3 PAID DOWN PAR VALUE OF F N M A #745580 5.000% 6/01/36 FEBRUARY FNMA
DUE 3/25/22
-991.1000 0.000000 991.10 -1,065.43 -74.33
03/25/2022 31403GXF4 PAID DOWN PAR VALUE OF F N M A #748678 5.000% 10/01/33 FEBRUARY FNMA
DUE 3/25/22
-4.1300 0.000000 4.13 -4.44 -0.31
03/25/2022 31406PQY8 PAID DOWN PAR VALUE OF F N M A #815971 5.000% 3/01/35 FEBRUARY FNMA
DUE 3/25/22
-1,929.8900 0.000000 1,929.89 -2,074.63 -144.74
03/25/2022 31406XWT5 PAID DOWN PAR VALUE OF F N M A #823358 1.966% 2/01/35 FEBRUARY FNMA
DUE 3/25/22
-295.0400 0.000000 295.04 -292.73 2.31
03/25/2022 31407BXH7 PAID DOWN PAR VALUE OF F N M A #826080 5.000% 7/01/35 FEBRUARY FNMA
DUE 3/25/22
-386.5600 0.000000 386.56 -415.55 -28.99
03/25/2022 31410F4V4 PAID DOWN PAR VALUE OF F N M A #888336 5.000% 7/01/36 FEBRUARY FNMA
DUE 3/25/22
-1,819.5000 0.000000 1,819.50 -1,955.96 -136.46
03/25/2022 3138EG6F6 PAID DOWN PAR VALUE OF F N M A #AL0869 4.500% 6/01/29 FEBRUARY FNMA
DUE 3/25/22
-99.1900 0.000000 99.19 -104.90 -5.71
03/25/2022 31417YAY3 PAID DOWN PAR VALUE OF F N M A #MA0022 4.500% 4/01/29 FEBRUARY FNMA
DUE 3/25/22
-164.4000 0.000000 164.40 -173.87 -9.47
03/25/2022 31397QRE0 PAID DOWN PAR VALUE OF F N M A GTD REMIC 2.472% 2/25/41 -2,162.8300 0.000000 2,162.83 -2,162.15 0.68
03/31/2022 91282CBG5 SOLD PAR VALUE OF U S TREASURY NT 0.125% 1/31/23 /NOMURA SECURITIES
INTERNATIONA/3,000,000 PAR VALUE AT 98.84375 %
-3,000,000.0000 0.988438 2,965,312.50 -2,999,414.06 -34,101.56
03/31/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -2,493,864.4800 1.000000 2,493,864.48 -2,493,864.48 0.00
03/31/2022 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -594,792.8200 1.000000 594,792.82 -594,792.82 0.00
TOTAL DISPOSITIONS -54,935,225.3300 55,057,453.52 -55,072,894.29 -15,440.77
OTHER TRANSACTIONS
03/01/2022 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE
2/28/2022 INTEREST FROM 2/1/22 TO 2/28/22
0.0000 0.000000 22.06 0.00 0.00
03/01/2022 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE
2/28/2022 INTEREST FROM 2/1/22 TO 2/28/22
0.0000 0.000000 137.62 0.00 0.00
03/03/2022 43813KAC6 INTEREST EARNED ON HONDA AUTO 0.370% 10/18/24 $1 PV ON 3235000.0000
SHARES DUE 2/18/2022
0.0000 0.000000 -1,000.17 0.00 0.00
03/03/2022 43813KAC6 INTEREST EARNED ON HONDA AUTO 0.370% 10/18/24 $1 PV ON 3235000.0000
SHARES DUE 2/18/2022
0.0000 0.000000 997.46 0.00 0.00
03/03/2022 3133ELYR9 RECEIVED ACCRUED INTEREST ON SALE OF F F C B DEB 0.250% 5/06/22 0.0000 0.000000 7,190.63 0.00 0.00
3 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/07/2022 06051GHF9 INTEREST EARNED ON BANK OF AMERICA 3.550% 3/05/24 $1 PV ON 6675000.0000
SHARES DUE 3/5/2022
0.0000 0.000000 118,481.25 0.00 0.00
03/08/2022 313383YJ4 INTEREST EARNED ON F H L B DEB 3.375% 9/08/23 $1 PV ON 10000000.0000
SHARES DUE 3/8/2022
0.0000 0.000000 168,750.00 0.00 0.00
03/10/2022 912828N30 RECEIVED ACCRUED INTEREST ON SALE OF U S TREASURY NT 2.125% 12/31/22 0.0000 0.000000 20,252.07 0.00 0.00
03/11/2022 912828WU0 BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 47736.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
03/11/2022 912828WU0 FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 47736.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 47,736.00 0.00
03/11/2022 06406RAM9 PAID ACCRUED INTEREST ON PURCHASE OF BANK OF NY MTN 1.850% 1/27/23 0.0000 0.000000 -3,583.86 0.00 0.00
03/11/2022 59217GEE5 PAID ACCRUED INTEREST ON PURCHASE OF MET LIFE GLOB MTN 1.950% 1/13/23 0.0000 0.000000 -7,084.46 0.00 0.00
03/11/2022 89114TZT2 PAID ACCRUED INTEREST ON PURCHASE OF TORONTO DOMINION MTN 2.800%
3/10/27
0.0000 0.000000 -388.89 0.00 0.00
03/11/2022 912828WU0 PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 47736.0000 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
47,736.0000 0.000000 0.00 0.00 0.00
03/11/2022 89114QC48 RECEIVED ACCRUED INTEREST ON SALE OF TORONTO MTN 3.500% 7/19/23 0.0000 0.000000 25,277.78 0.00 0.00
03/11/2022 912828M80 RECEIVED ACCRUED INTEREST ON SALE OF U S TREASURY NT 2.000% 11/30/22 0.0000 0.000000 11,098.90 0.00 0.00
03/11/2022 912828WU0 STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 47736.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
03/14/2022 00440EAP2 INTEREST EARNED ON CHUBB INA HLDGS INC 2.700% 3/13/23 $1 PV ON
2000000.0000 SHARES DUE 3/13/2022
0.0000 0.000000 27,000.00 0.00 0.00
03/14/2022 3130A4CH3 INTEREST EARNED ON F H L B DEB 2.375% 3/14/25 $1 PV ON 5225000.0000
SHARES DUE 3/14/2022
0.0000 0.000000 62,046.88 0.00 0.00
03/14/2022 3130A2UW4 INTEREST EARNED ON F H L B DEB 2.875% 9/13/24 $1 PV ON 2500000.0000
SHARES DUE 3/13/2022
0.0000 0.000000 35,937.50 0.00 0.00
03/14/2022 4581X0CZ9 INTEREST EARNED ON INTER AMER DEV BK 1.750% 9/14/22 $1 PV ON 6500000.0000
SHARES DUE 3/14/2022
0.0000 0.000000 56,875.00 0.00 0.00
03/14/2022 46647PBH8 INTEREST EARNED ON JPMORGAN CHASE CO 2.005% 3/13/26 $1 PV ON
3500000.0000 SHARES DUE 3/13/2022
0.0000 0.000000 35,087.50 0.00 0.00
03/14/2022 58989V2D5 INTEREST EARNED ON MET TOWER MTN 1.250% 9/14/26 $1 PV ON 3745000.0000
SHARES DUE 3/14/2022
0.0000 0.000000 23,406.25 0.00 0.00
03/15/2022 00440EAS6 INTEREST EARNED ON ACE INA HOLDING 3.150% 3/15/25 $1 PV ON 2000000.0000
SHARES DUE 3/15/2022
0.0000 0.000000 31,500.00 0.00 0.00
03/15/2022 06368FAC3 INTEREST EARNED ON BANK OF MONTREAL MTN 1.250% 9/15/26 $1 PV ON
3000000.0000 SHARES DUE 3/15/2022
0.0000 0.000000 18,750.00 0.00 0.00
03/15/2022 084670BR8 INTEREST EARNED ON BERKSHIRE HATHAWAY 2.750% 3/15/23 $1 PV ON
2500000.0000 SHARES DUE 3/15/2022
0.0000 0.000000 34,375.00 0.00 0.00
03/15/2022 31348SWZ3 INTEREST EARNED ON F H L M C #786064 2.262% 1/01/28 $1 PV ON 2.3800 SHARES
DUE 3/15/2022 JANUARY FHLMC DUE 3/15/22
0.0000 0.000000 2.38 0.00 0.00
4 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/15/2022 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 3.769% 8/15/32 $1 PV ON 10.7700
SHARES DUE 3/15/2022 $0.00313/PV ON 3,440.70 PV DUE 3/15/22
0.0000 0.000000 10.77 0.00 0.00
03/15/2022 43815BAC4 INTEREST EARNED ON HONDA AUTO REC OWN 1.880% 5/15/26 $1 PV ON 4515.1300
SHARES DUE 3/15/2022 $0.00115/PV ON 3,930,000.00 PV DUE 3/15/22
0.0000 0.000000 4,515.13 0.00 0.00
03/15/2022 44934KAC8 INTEREST EARNED ON HTUNDAI AUTO REC TR 0.380% 1/15/26 $1 PV ON 1912.6700
SHARES DUE 3/15/2022 $0.00032/PV ON 6,040,000.00 PV DUE 3/15/22
0.0000 0.000000 1,912.67 0.00 0.00
03/15/2022 44891VAC5 INTEREST EARNED ON HYUNDAI AUTO LEASE 0.330% 6/17/24 $1 PV ON 1142.6300
SHARES DUE 3/15/2022 $0.00027/PV ON 4,155,000.00 PV DUE 3/15/22
0.0000 0.000000 1,142.63 0.00 0.00
03/15/2022 44891WAC3 INTEREST EARNED ON HYUNDAI AUTO LEASE 1.160% 1/15/25 $1 PV ON 2798.5000
SHARES DUE 3/15/2022 $0.00097/PV ON 2,895,000.00 PV DUE 3/15/22
0.0000 0.000000 2,798.50 0.00 0.00
03/15/2022 44933LAC7 INTEREST EARNED ON HYUNDAI AUTO REC 0.380% 9/15/25 $1 PV ON 665.0000
SHARES DUE 3/15/2022 $0.00032/PV ON 2,100,000.00 PV DUE 3/15/22
0.0000 0.000000 665.00 0.00 0.00
03/15/2022 44935FAD6 INTEREST EARNED ON HYUNDAI AUTO REC TR 0.740% 5/15/26 $1 PV ON 986.6700
SHARES DUE 3/15/2022 $0.00062/PV ON 1,600,000.00 PV DUE 3/15/22
0.0000 0.000000 986.67 0.00 0.00
03/15/2022 47789QAC4 INTEREST EARNED ON JOHN DEERE OWN 0.520% 3/16/26 $1 PV ON 1222.0000
SHARES DUE 3/15/2022 $0.00043/PV ON 2,820,000.00 PV DUE 3/15/22
0.0000 0.000000 1,222.00 0.00 0.00
03/15/2022 47788UAC6 INTEREST EARNED ON JOHN DEERE OWNER 0.360% 9/15/25 $1 PV ON 690.0000
SHARES DUE 3/15/2022 $0.00030/PV ON 2,300,000.00 PV DUE 3/15/22
0.0000 0.000000 690.00 0.00 0.00
03/15/2022 47787NAC3 INTEREST EARNED ON JOHN DEERE OWNER 0.510% 11/15/24 $1 PV ON 564.0800
SHARES DUE 3/15/2022 $0.00042/PV ON 1,327,244.48 PV DUE 3/15/22
0.0000 0.000000 564.08 0.00 0.00
03/15/2022 58769KAD6 INTEREST EARNED ON MERCEDES BENZ AUTO 0.400% 11/15/24 $1 PV ON 1105.0000
SHARES DUE 3/15/2022 $0.00033/PV ON 3,315,000.00 PV DUE 3/15/22
0.0000 0.000000 1,105.00 0.00 0.00
03/15/2022 58770FAC6 INTEREST EARNED ON MERCEDES BENZ AUTO 1.840% 12/15/22 $1 PV ON 757.9200
SHARES DUE 3/15/2022 $0.00153/PV ON 494,295.36 PV DUE 3/15/22
0.0000 0.000000 757.92 0.00 0.00
03/15/2022 65479JAD5 INTEREST EARNED ON NISSAN AUTO 1.930% 7/15/24 $1 PV ON 3619.2100
SHARES DUE 3/15/2022 $0.00161/PV ON 2,250,285.34 PV DUE 3/15/22
0.0000 0.000000 3,619.21 0.00 0.00
03/15/2022 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23 $1 PV ON 129.8100
SHARES DUE 3/15/2022 $0.00255/PV ON 50,906.17 PV DUE 3/15/22
0.0000 0.000000 129.81 0.00 0.00
03/15/2022 89237VAB5 INTEREST EARNED ON TOYOTA AUTO RECV 0.440% 10/15/24 $1 PV ON 1000.3600
SHARES DUE 3/15/2022 $0.00037/PV ON 2,728,262.16 PV DUE 3/15/22
0.0000 0.000000 1,000.36 0.00 0.00
03/15/2022 91282CCX7 INTEREST EARNED ON U S TREASURY NT 0.375% 9/15/24 $1 PV ON 10500000.0000
SHARES DUE 3/15/2022
0.0000 0.000000 19,687.50 0.00 0.00
03/15/2022 9128286H8 INTEREST EARNED ON U S TREASURY NT 2.375% 3/15/22 $1 PV ON 7500000.0000
SHARES DUE 3/15/2022
0.0000 0.000000 89,062.50 0.00 0.00
03/16/2022 362554AC1 INTEREST EARNED ON GM FIN CONS AUTO 0.680% 9/16/26 $1 PV ON 966.1700
SHARES DUE 3/16/2022 $0.00057/PV ON 1,705,000.00 PV DUE 3/16/22
0.0000 0.000000 966.17 0.00 0.00
03/16/2022 380146AC4 INTEREST EARNED ON GM FIN CONS AUTO 1.260% 11/16/26 $1 PV ON 1669.5000
SHARES DUE 3/16/2022 $0.00105/PV ON 1,590,000.00 PV DUE 3/16/22
0.0000 0.000000 1,669.50 0.00 0.00
03/17/2022 931142ER0 INTEREST EARNED ON WALMART INC 1.050% 9/17/26 $1 PV ON 1725000.0000
SHARES DUE 3/17/2022
0.0000 0.000000 9,056.25 0.00 0.00
5 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/18/2022 09247XAL5 INTEREST EARNED ON BLACKROCK INC 3.500% 3/18/24 $1 PV ON 1000000.0000
SHARES DUE 3/18/2022
0.0000 0.000000 17,500.00 0.00 0.00
03/18/2022 43813KAC6 INTEREST EARNED ON HONDA AUTO 0.370% 10/18/24 $1 PV ON 997.4600
SHARES DUE 3/18/2022 $0.00031/PV ON 3,235,000.00 PV DUE 3/18/22
0.0000 0.000000 997.46 0.00 0.00
03/18/2022 808513BN4 INTEREST EARNED ON SCHWAB CHARLES 0.750% 3/18/24 $1 PV ON 2785000.0000
SHARES DUE 3/18/2022
0.0000 0.000000 10,443.75 0.00 0.00
03/21/2022 36225CAZ9 INTEREST EARNED ON G N M A I I #080023 1.755% 12/20/26 $1 PV ON 12.6700
SHARES DUE 3/20/2022 FEBRUARY GNMA DUE 3/20/22
0.0000 0.000000 12.67 0.00 0.00
03/21/2022 36225CC20 INTEREST EARNED ON G N M A I I #080088 2.000% 6/20/27 $1 PV ON 10.2600 SHARES
DUE 3/20/2022 FEBRUARY GNMA DUE 3/20/22
0.0000 0.000000 10.26 0.00 0.00
03/21/2022 36225CNM4 INTEREST EARNED ON G N M A I I #080395 1.875% 4/20/30 $1 PV ON 5.1900 SHARES
DUE 3/20/2022 FEBRUARY GNMA DUE 3/20/22
0.0000 0.000000 5.19 0.00 0.00
03/21/2022 36225CN28 INTEREST EARNED ON G N M A I I #080408 1.875% 5/20/30 $1 PV ON 45.0200 SHARES
DUE 3/20/2022 FEBRUARY GNMA DUE 3/20/22
0.0000 0.000000 45.02 0.00 0.00
03/21/2022 36225DCB8 INTEREST EARNED ON G N M A I I #080965 1.625% 7/20/34 $1 PV ON 32.7500 SHARES
DUE 3/20/2022 FEBRUARY GNMA DUE 3/20/22
0.0000 0.000000 32.75 0.00 0.00
03/21/2022 36265MAC9 INTEREST EARNED ON GM FIN AUTO LSNG TR 1.900% 3/20/25 $1 PV ON
5020000.0000 SHARES DUE 3/20/2022
0.0000 0.000000 7,418.45 0.00 0.00
03/21/2022 43813GAC5 INTEREST EARNED ON HONDA AUTO 0.270% 4/21/25 $1 PV ON 361.1300
SHARES DUE 3/21/2022 $0.00023/PV ON 1,605,000.00 PV DUE 3/21/22
0.0000 0.000000 361.13 0.00 0.00
03/21/2022 43815GAC3 INTEREST EARNED ON HONDA AUTO REC 0.880% 1/21/26 $1 PV ON 1679.3300
SHARES DUE 3/21/2022 $0.00073/PV ON 2,290,000.00 PV DUE 3/21/22
0.0000 0.000000 1,679.33 0.00 0.00
03/21/2022 89239CAC3 INTEREST EARNED ON TOYOTA LEASE OWNER 0.420% 10/21/24 $1 PV ON 1114.7500
SHARES DUE 3/20/2022 $0.00035/PV ON 3,185,000.00 PV DUE 3/20/22
0.0000 0.000000 1,114.75 0.00 0.00
03/21/2022 89238LAC4 INTEREST EARNED ON TOYOTA LEASE OWNER 1.960% 2/20/25 $1 PV ON 6669.4500
SHARES DUE 3/20/2022 $0.00109/PV ON 6,125,000.00 PV DUE 3/20/22
0.0000 0.000000 6,669.45 0.00 0.00
03/23/2022 3137EAEX3 INTEREST EARNED ON F H L M C M T N 0.375% 9/23/25 $1 PV ON 7660000.0000
SHARES DUE 3/23/2022
0.0000 0.000000 14,362.50 0.00 0.00
03/23/2022 4581X0DZ8 INTEREST EARNED ON INTER AMER BK M T N 0.500% 9/23/24 $1 PV ON
10775000.0000 SHARES DUE 3/23/2022
0.0000 0.000000 26,937.50 0.00 0.00
03/25/2022 03215PFN4 INTEREST EARNED ON AMRESCO 1.05169% 6/25/29 $1 PV ON 104.3100
SHARES DUE 3/25/2022 $0.00088/PV ON 119,021.64 PV DUE 3/25/22
0.0000 0.000000 104.31 0.00 0.00
03/25/2022 09690AAC7 INTEREST EARNED ON BMW VEHICLE LEASE 0.330% 12/26/24 $1 PV ON 569.2500
SHARES DUE 3/25/2022 $0.00027/PV ON 2,070,000.00 PV DUE 3/25/22
0.0000 0.000000 569.25 0.00 0.00
03/25/2022 05601XAC3 INTEREST EARNED ON BMW VEHICLE LEASE 1.100% 3/25/25 $1 PV ON 2200.0000
SHARES DUE 3/25/2022 $0.00092/PV ON 2,400,000.00 PV DUE 3/25/22
0.0000 0.000000 2,200.00 0.00 0.00
03/25/2022 3137BFE98 INTEREST EARNED ON F H L B GTD REMIC 3.171% 10/25/24 $1 PV ON 13212.5000
SHARES DUE 3/25/2022 $0.00264/PV ON 5,000,000.00 PV DUE 3/25/22
0.0000 0.000000 13,212.50 0.00 0.00
03/25/2022 31394JY35 INTEREST EARNED ON F H L M C MLTCL MT 9.50001% 9/25/43 $1 PV ON 2475.5800
SHARES DUE 3/25/2022 $0.00542/PV ON 457,031.47 PV DUE 3/25/22
0.0000 0.000000 2,475.58 0.00 0.00
6 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/25/2022 3137BSRE5 INTEREST EARNED ON F H L M C MLTCL MTG 3.120% 9/25/26 $1 PV ON 13000.0000
SHARES DUE 3/25/2022 $0.00260/PV ON 5,000,000.00 PV DUE 3/25/22
0.0000 0.000000 13,000.00 0.00 0.00
03/25/2022 31371NUC7 INTEREST EARNED ON F N M A #257179 4.500% 4/01/28 $1 PV ON 24.0600 SHARES
DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 24.06 0.00 0.00
03/25/2022 31376KT22 INTEREST EARNED ON F N M A #357969 5.000% 9/01/35 $1 PV ON 229.3100
SHARES DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 229.31 0.00 0.00
03/25/2022 31403DJZ3 INTEREST EARNED ON F N M A #745580 5.000% 6/01/36 $1 PV ON 211.4800
SHARES DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 211.48 0.00 0.00
03/25/2022 31403GXF4 INTEREST EARNED ON F N M A #748678 5.000% 10/01/33 $1 PV ON 3.2500 SHARES
DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 3.25 0.00 0.00
03/25/2022 31406PQY8 INTEREST EARNED ON F N M A #815971 5.000% 3/01/35 $1 PV ON 322.2100
SHARES DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 322.21 0.00 0.00
03/25/2022 31406XWT5 INTEREST EARNED ON F N M A #823358 1.966% 2/01/35 $1 PV ON 75.1900 SHARES
DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 75.19 0.00 0.00
03/25/2022 31407BXH7 INTEREST EARNED ON F N M A #826080 5.000% 7/01/35 $1 PV ON 43.0000 SHARES
DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 43.00 0.00 0.00
03/25/2022 31410F4V4 INTEREST EARNED ON F N M A #888336 5.000% 7/01/36 $1 PV ON 351.1700
SHARES DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 351.17 0.00 0.00
03/25/2022 3138EG6F6 INTEREST EARNED ON F N M A #AL0869 4.500% 6/01/29 $1 PV ON 17.4300 SHARES
DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 17.43 0.00 0.00
03/25/2022 31417YAY3 INTEREST EARNED ON F N M A #MA0022 4.500% 4/01/29 $1 PV ON 29.8400
SHARES DUE 3/25/2022 FEBRUARY FNMA DUE 3/25/22
0.0000 0.000000 29.84 0.00 0.00
03/25/2022 31397QRE0 INTEREST EARNED ON F N M A GTD REMIC 2.472% 2/25/41 $1 PV ON 65.2400
SHARES DUE 3/25/2022 $0.00072/PV ON 90,311.73 PV DUE 3/25/22
0.0000 0.000000 65.24 0.00 0.00
03/29/2022 912828WU0 BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 53040.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
03/29/2022 912828WU0 FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 53040.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 53,040.00 0.00
03/29/2022 912828WU0 PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 53040.0000 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
53,040.0000 0.000000 0.00 0.00 0.00
03/29/2022 912828WU0 STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 53040.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
03/31/2022 91282CAM3 INTEREST EARNED ON U S TREASURY NT 0.250% 9/30/25 $1 PV ON 6500000.0000
SHARES DUE 3/31/2022
0.0000 0.000000 8,125.00 0.00 0.00
03/31/2022 91282CBT7 INTEREST EARNED ON U S TREASURY NT 0.750% 3/31/26 $1 PV ON 10000000.0000
SHARES DUE 3/31/2022
0.0000 0.000000 37,500.00 0.00 0.00
03/31/2022 912828YH7 INTEREST EARNED ON U S TREASURY NT 1.500% 9/30/24 $1 PV ON 14000000.0000
SHARES DUE 3/31/2022
0.0000 0.000000 105,000.00 0.00 0.00
03/31/2022 9128284D9 INTEREST EARNED ON U S TREASURY NT 2.500% 3/31/23 $1 PV ON 10000000.0000
SHARES DUE 3/31/2022
0.0000 0.000000 125,000.00 0.00 0.00
7 of 8
U.S. Bank
Transaction History
March 2022
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
03/31/2022 912828Z78 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.500% 1/31/27 0.0000 0.000000 -9,779.01 0.00 0.00
03/31/2022 91282CBG5 RECEIVED ACCRUED INTEREST ON SALE OF U S TREASURY NT 0.125% 1/31/23 0.0000 0.000000 611.19 0.00 0.00
TOTAL OTHER TRANSACTIONS 100,776.0000 1,193,673.78 100,776.00 0.00
8 of 8
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2059 Agenda Date:4/27/2022 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
COMMITTEE MEETING MINUTES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
A. Minutes of the GWRS Steering Committee Meeting held January 10, 2022
B. Minutes of the Steering Committee Meeting held February 23, 2022
C. Minutes of the Administration Committee Meeting held March 9, 2022
D. Minutes of the Legislative and Public Affairs Committee Meeting held March 14, 2022
E. Minutes of the Special Operations Committee Meeting held March 16, 2022
BACKGROUND
In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-04
ADDITIONAL INFORMATION
The minutes of the Committee meetings are approved at their respective Committees and brought
forth to the Board of Directors for receive and file only.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Minutes of the Monthly Committee Meetings
Orange County Sanitation District Printed on 4/18/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
MINUTES OF THE MEETING
GROUNDWATER REPLENISHMENT SYSTEM STEERING COMMITTEE
Monday, January 10, 2022
OC San Director Shawver called the Groundwater Replenishment System Steering Committee
meeting to order via Zoom webinar. Following the Pledge of Allegiance to the flag, the
Secretary called the roll and reported a quorum.
OCWD Staff OC SAN Staff
Mike Markus, Mehul Patel, Sandy Scott-
Roberts, Gina Ayala, Christina Fuller, Assistant
District Secretary
Jim Herberg, Jennifer Cabral
Annual Reorganization of GWRS Steering Committee Officers
GWRS Steering Committee member David Shawver stated the Steering Committee
reorganizes on an annual basis. It was a consensus of the Committee members present to
approve the following nomination:
2022 GWRS Steering Committee Chair – OCWD Director Tri Ta
2022 GWRS Steering Committee Vice Chair – Deferred until April GWRS Steering
Committee meeting
CONSENT CALENDAR
The Consent Calendar was approved upon motion by Director Green, seconded by Director
Ta and carried [6-0] as follows.
Yes –Shawver, Yoh, Green, Ooten, Ta, Gallagher
1. Minutes of Previous Meeting
The minutes of the GWRS Steering Committee meeting held October 11, 2021 are
approved as presented.
INFORMATIONAL ITEMS
2. GWRS Operations Update
Executive Director of Operations/GWRS Mehul Patel reported that the average daily
production for the quarter, October through December, was 89 mgd. He stated that as of
December 31, 2021, the GWRS Fiscal Year 2021-2022 production total was 45,089 af which is
Committee Members
David Shawver
Roger Yoh
Cathy Green
Bob Ooten
Tri Ta
Ryan Gallagher
Alternates
Kelly Rowe
Jesus Silva
Dina Nguyen (absent)
Brooke Jones
Steve Sheldon (absent)
John Withers
OCWD Directors Bilodeau and Whitaker were in attendance.
DocuSign Envelope ID: 97DC3DE7-C2F9-4025-B364-2685F0745BF7
2
6,836 af below the target fiscal year production of 51,925 af. He advised that this shortfall was
anticipated due to the GWRS Final Expansion (GWRSFE) project construction activities
noting that the GWRS was offline on December 9 for GWRSFE construction activities. Mr.
Patel reported that on October 18, November 1, and December 6, OC San reduced flow to
GWRS due to work on the Steven Anderson Lift Station to support the Plant 1 headworks
modification project. He noted that an eleven hour outage occurred on December 10 due to a
Southern California Edison related power issue.
3. Update on GWRS Final Expansion
GWRS Program Manager Sandy Scott-Roberts provided an update on construction activities,
completion status of project elements and budget as of December 21, 2021.
4. Quarterly Outreach Report [October– December 2021]
Director of Public Affairs Gina Ayala reviewed public outreach highlights including virtual tours,
the speakers bureau program, media and construction outreach. She reported that staff is
currently working on 2023 milestones including the GWRS 15 year anniversary. Ms. Ayala
stated that staff will keep the Committee updated on potential commemorative events.
ADJOURNMENT
There being no further business to come before the Committee, the meeting was adjourned at
5:50 p.m.
OCWD Director Tri Ta, Chair
DocuSign Envelope ID: 97DC3DE7-C2F9-4025-B364-2685F0745BF7
4/12/2022
Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, February 23, 2022
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Steering Committee of the Orange County Sanitation District was
called to order by Board Chairman John Withers on Wednesday, February 23, 2022 at 5:01
p.m. in the Administration Building of the Orange County Sanitation District. Chair Withers
stated that the meeting was being held telephonically and via Internet accessibility in
accordance with new provisions in California Government Code Section 54953 and
Resolution No. OC SAN 22-02, due to the continued State of Emergency Order. Chair
Withers announced the teleconference meeting guidelines and Director Ryan Gallagher led
the Pledge of Allegiance.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
ABSENT:None
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Joshua Martinez were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations & Maintenance;
Lan Wiborg, Director of Environmental Services; Janine Aguilar; Tanya Chong; Tina Knapp;
Laura Maravilla; Andrew Nau; Wally Ritchie; and Eros Yong were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room. Chief
Negotiator Laura Kalty, Liebert Cassidy Whitmore; and Katie Koneko and Alyssa Thompson,
Koff and Associates, were in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Withers did not provide a report.
General Manager Jim Herberg announced Riaz Moinuddin as Director of Operations &
Maintenance.
Page 1 of 4
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Minutes February 23, 2022
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2127
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Steering Committee held January 26,
2022.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt and Glenn Parker
NOES:None
ABSENT:Jesus Silva
ABSTENTIONS:None
2.RICHFIELD SUB-TRUNK ENCASEMENT, PROJECT NO. FRC-0011 2022-2100
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Utility Relocation Agreement with the BNSF Railway Company for a
reimbursement amount not to exceed $121,065 for Richfield Sub-Trunk Encasement,
Project No. FRC-0011.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt and Glenn Parker
NOES:None
ABSENT:Jesus Silva
ABSTENTIONS:None
Director Jesus Silva arrived at the meeting at 5:06 p.m.
NON-CONSENT:
None.
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
Page 2 of 4
STEERING COMMITTEE Minutes February 23, 2022
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957.6.
The Committee convened in closed session at 5:08 p.m. Confidential minutes of the Closed
Session have been prepared in accordance with the above Government Code Section and
are maintained by the Clerk of the Board in the Official Book of Confidential Minutes of Board
and Committee Closed Session meetings.
CS-1 CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT
CODE SECTION 54957.6
2022-2126
CONVENED IN CLOSED SESSION:
Designated Representatives: General Manager James Herberg, Assistant General
Managers Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia
Chandler, and Chief Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees
Association; and the Supervisors and Professionals Group.
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:58 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Withers declared the meeting adjourned at 5:59 p.m. to the next Regular Steering
Committee meeting to be held on Wednesday, March 23, 2022 at 5:00 p.m.
Page 3 of 4
STEERING COMMITTEE Minutes February 23, 2022
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
Orange County Sanitation District
Minutes for the
ADMINISTRATION COMMITTEE
Wednesday, March 9, 2022
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Administration Committee of the Orange County Sanitation District
was called to order by Committee Chair Glenn Parker on Wednesday, March 9, 2022 at 5:00
p.m. in the Administration Building of the Orange County Sanitation District. Chair Parker
stated that the meeting was being held telephonically and via Internet accessibility in
accordance with new provisions in California Government Code Section 54953 and
Resolution No. OC SAN 22-08, due to the continued State of Emergency Order. Chair Parker
announced the teleconference meeting guidelines and led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Glenn Parker, Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver and John Withers
ABSENT:Anthony Kuo and Chad Wanke
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services; Riaz
Moinuddin, Director of Operations and Maintenance; Jennifer Cabral; Mortimer Caparas;
Tanya Chong; Brian Engeln; Tina Knapp; Laura Maravilla; Rob Michaels; Jeff Mohr; Wally
Ritchie; Loc Trang; and Thomas Vu were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Parker and General Manager Jim Herberg did not provide reports.
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2022-2151
Originator: Kelly Lore
Page 1 of 4
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
ADMINISTRATION
COMMITTEE
Minutes March 9, 2022
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Administration Committee held
February 9, 2022.
AYES:Glenn Parker, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Marshall Goodman, Patrick Harper, Andrew Nguyen, David Shawver
and John Withers
NOES:None
ABSENT:Anthony Kuo and Chad Wanke
ABSTENTIONS:Brad Avery
2.STRATEGIC PROCESS STUDY FOR MEIOFAUNA BASELINE
ASSESSMENT
2022-2155
Originator: Lan Wiborg
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Consultant Services Agreement to Florida State
University to provide a Meiofauna Baseline Strategic Process Study
(Specification No. CS-2021-1266BD) for a total amount not to exceed $277,946;
and
B. Approve a contingency of 27,795 (10%).
AYES:Glenn Parker, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Marshall Goodman, Patrick Harper, Andrew Nguyen, David Shawver
and John Withers
NOES:None
ABSENT:Anthony Kuo and Chad Wanke
ABSTENTIONS:Brad Avery
3.UPDATE TO RECORDS MANAGEMENT PROGRAM PROCEDURES
AND RECORDS RETENTION SCHEDULE RESOLUTION
2022-2072
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Adopt Resolution No. OC SAN 22-XX entitled: “A Resolution of the Board of Directors
of the Orange County Sanitation District Adopting the Records Management Program
Procedures and Records Retention Schedule, Authorizing Destruction of Obsolete
Records, and Repealing Resolution No. OC SAN 21-08”.
Page 2 of 4
ADMINISTRATION
COMMITTEE
Minutes March 9, 2022
AYES:Glenn Parker, Ron Bates, Art Brown, Kim Carr, Rose Espinoza,
Marshall Goodman, Patrick Harper, Andrew Nguyen, David Shawver
and John Withers
NOES:None
ABSENT:Anthony Kuo and Chad Wanke
ABSTENTIONS:Brad Avery
NON-CONSENT:
4.REPLACE SERVER AND STORAGE INFRASTRUCTURE FOR PLANT
NO. 1 INDUSTRIAL CONTROL SYSTEM
2022-2160
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner introduced IT Manager Rob Michaels who
provided a brief update regarding this item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order to ePlus Technology, Inc. for the purchase of
software, hardware, and services to implement and configure the Nutanix metro
clusters for Plant No. 1 Industrial Control System, Specification No.
E-2022-1300BD, for a total amount not to exceed $560,195, plus applicable
sales tax and shipping; and
B. Approve a contingency in the amount of $56,019 (10%).
AYES:Glenn Parker, Brad Avery, Ron Bates, Art Brown, Kim Carr, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver and John Withers
NOES:None
ABSENT:Anthony Kuo and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
5.FY 2022-23 AND FY 2023-24 ORANGE COUNTY SANITATION
DISTRICT BUDGET REVENUES AND RESERVES OVERVIEW
2022-2159
Originator: Lorenzo Tyner
Controller Wally Ritchie provided a presentation regarding revenues and reserves for
the next two-year budget including: four major revenue categories, fees and charges,
general user fees, top ten industrial users, other income, debt proceeds, reserve policy
summary for FY 2021-22, and OC San's reserve criteria summary.
Page 3 of 4
ADMINISTRATION
COMMITTEE
Minutes March 9, 2022
ITEM RECEIVED AS AN:
Information Item.
6. STAFFING STRATEGY TO DELIVER CAPITAL IMPROVEMENT
PROGRAM
2022-2178
Originator: Kathy Millea
Director of Engineering Kathy Millea introduced Engineering Manager Jeff Mohr who
provided a presentation for this item which included forecasted CIP expenditures;
capital project delivery costs; forecasted staff, engineering, and programming
workloads; supplemental services contracts; and next steps.
ITEM RECEIVED AS AN:
Information Item.
Board Chair Withers departed the meeting at approximately 5:29 p.m.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Parker declared the meeting adjourned at 5:37 p.m. to the next Regular Administration
Committee meeting to be held on Wednesday, April 13, 2022 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
Orange County Sanitation District
Minutes for the
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Monday, March 14, 2022
4:30 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Legislative and Public Affairs Committee of the Orange County
Sanitation District was called to order by Committee Chair Jesus J. Silva on Wednesday,
March 14, 2022 at 4:30 p.m. in the Administration Building of the Orange County Sanitation
District. Chair Silva stated that the meeting was being held telephonically and via Internet
accessibility in accordance with new provisions in California Government Code Section 54953
and Resolution No. OC SAN 22-08, due to the continued State of Emergency Order. Chair
Silva announced the teleconference meeting guidelines and led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, Chad Wanke and John Withers
ABSENT:None
STAFF PRESENT: Brian Engeln was present in the Board Room. Jim Herberg, General
Manager; Rob Thompson, Assistant General Manager; Lorenzo Tyner, Assistant General
Manager; Celia Chandler, Director of Human Resources; Lan Wiborg, Director of
Environmental Services; Riaz Moinuddin, Director of Operations and Maintenance; Kelly Lore,
Clerk of the Board; Jennifer Cabral; Mortimer Caparas; Tanya Chong; Daisy Covarrubias;
Tina Knapp; Rebecca Long; Kelly Newell; Wally Ritchie; and Thomas Vu were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; Sarah Sapirstein, ENS Resources; and
Eric O’Donnell, Townsend Public Affairs (TPA), were in attendance telephonically.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore stated that late communication was received after the
publication of the agenda regarding Item No. 2 and an updated Agenda Report and
attachment were provided to the Committee and made available to the public.
REPORTS:
Chair Silva and General Manager Jim Herberg did not provide reports.
Page 1 of 4
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes March 14, 2022
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2098
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Legislative and Public Affairs
Committee held February 7, 2022.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen and John Withers
NOES:None
ABSENT:Chad Wanke
ABSTENTIONS:None
Board Vice Chair Chad Wanke arrived at the meeting at approximately 4:40 p.m.
NON-CONSENT:
2.ORANGE COUNTY SANITATION DISTRICT’S MEMBERSHIPS AND
AGREEMENTS
2022-2162
Originator: Jim Herberg
Administration Manager Jennifer Cabral introduced the item and provided an overview
of the current OC San memberships and Joint Powers Authority agreements. The
Committee requested that the costs of each membership be incorporated into the
document and sent to the members.
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the report.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
3.PUBLIC AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY 2022 2022-2165
Originator: Jim Herberg
Principal Public Affairs Specialist Daisy Covarrubias provided a presentation which
included: vendor and construction outreach efforts, current projects, and awards
received during the last month.
Page 2 of 4
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes March 14, 2022
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Update for the month of February 2022.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo, Andrew
Nguyen, Chad Wanke and John Withers
NOES:None
ABSENT:None
ABSTENTIONS:None
Board Chair Withers and Board Vice-Chair Wanke departed the meeting at approximately
5:04 p.m.
4.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF FEBRUARY
2022
2022-2168
Originator: Jim Herberg
Sara Sapirstein, ENS Resources, provided the Federal Legislative Affairs update which
included an overview of the current issues, infrastructure assistance implementation,
non-flushable wipes legislation, fiscal year 2022-2023 appropriations, and an update on
PFAS legislative activity.
Eric O'Donnell, TPA, provided the State Legislative Affairs update which included a
general overview of the 2022 legislative activity, next steps and key dates, status of
California's State of Emergency, additional legislation of interest for 2022, indoor
residential water use standards, and State budget requests.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Legislative Affairs Update for the month of February 2022.
AYES:Jesus Silva, Marshall Goodman, Kim Carr, Anthony Kuo and Andrew
Nguyen
NOES:None
ABSENT:Chad Wanke and John Withers
ABSTENTIONS:None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
Page 3 of 4
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes March 14, 2022
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
At the request of Chair Silva, General Manager Herberg and Ms. Cabral provided a brief
update as to the process and timing of resuming in-person OC San Committee and Board
meetings. They stated that due to the current State of Emergency and other factored risks,
every 30 days the Board of Directors will be presented with staff's recommendation to either
adopt a Resolution making findings to continue via remote meetings or to resume in-person
meetings.
ADJOURNMENT:
Chair Silva declared the meeting adjourned at 5:19 p.m. to the next Regular Legislative and
Public Affairs Committee meeting to be held on Monday, April 11, 2022 at 4:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, March 16, 2022
4:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
SPECIAL MEETING
CALL TO ORDER
A special meeting of the Operations Committee of the Orange County Sanitation District was
called to order by Committee Chair Brooke Jones on Wednesday, March 16, 2022 at 4:01
p.m. in the Administration Building of the Orange County Sanitation District. Chair Jones
stated that the meeting was being held telephonically and via Internet accessibility in
accordance with new provisions in California Government Code Section 54953 and
Resolution No. OC SAN 22-08, due to the continued State of Emergency Order. Chair Jones
announced the teleconference meeting guidelines and led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke and John
Withers
ABSENT:Kim Nichols and Chad Zimmerman
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Brian Engeln were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Lan Wiborg, Director of Environmental Services; Marc Brown; Jennifer Cabral;
Mortimer Caparas; Tanya Chong; Tina Knapp; Rich Leon; Laura Maravilla; Joshua Martinez;
Rob Michaels; Jeff Mohr; Wally Ritchie; Thomas Vu; and Eros Yong were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; Anni Larkins, Jacobs; and James Clark,
Black & Veatch, were in attendance telephonically.
PUBLIC COMMENTS:
OC San Supervisory and Professional Management Group (SPMG) President Marc Brown
spoke in opposition to the continued use of supplemental engineering services referenced in
Item No. 10.
Page 1 of 7
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes March 16, 2022
REPORTS:
Chair Jones reported that he recently participated in a CASA Workshop entitled: "Biosolids
101 for Agency Managers, Directors, and Staff" and highly recommended it for the Board
Members. He stated the recording was available at casaweb.org.
General Manager Jim Herberg did not provide a report
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2150
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held February 2,
2022.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
2.WASTE SIDESTREAM PUMP STATION VFD REPLACEMENTS AT
PLANT NO. 1, PROJECT NO. FR1-0016
2021-1945
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Waste Sidestream
Pump Station VFD Replacements at Plant No. 1, Project No. FR1-0016;
B. Award a Construction Contract to Leed Electric, Inc. for Waste Sidestream
Pump Station VFD Replacements at Plant No. 1, Project No. FR1-0016, for an
amount not to exceed $344,889; and
C. Approve a contingency of $51,733 (15%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
Page 2 of 7
OPERATIONS COMMITTEE Minutes March 16, 2022
ABSTENTIONS:None
3.DIGESTERS REHABILITATION AT PLANT NO. 2, PROJECT NO.
P2-137
2021-1969
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Design Services Agreement with CDM Smith, Inc. to
provide engineering services for Digesters Rehabilitation at Plant No. 2, Project
No. P2-137, for an amount not to exceed $2,700,000; and
B. Approve a contingency of $270,000 (10%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
4.SURVEYING SERVICES, PSA2022-002 2022-2105
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve Professional Services Agreements to provide on-call surveying services for
collection system and treatment plant projects, PSA2022-002, for a three-year period
effective May 1, 2022, for an amount not to exceed $200,000 per individual agreement
($800,000 total) with the following four firms:
·Michael Baker International, Inc.
·Stantec Consulting Services, Inc.
·Psomas
·D. Woolley & Associates, Inc.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Page 3 of 7
OPERATIONS COMMITTEE Minutes March 16, 2022
5.COATING INSPECTION AND CORROSION TESTING SERVICES, PSA
2022-001
2022-2106
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve Professional Services Agreements to provide on-call Coating Inspection and
other Corrosion Testing Services for Collection System and Treatment Plant projects,
PSA2022-001, for a three-year period effective May 1, 2022, for an amount not to
exceed $300,000 per individual agreement ($600,000 total) with the following two firms:
·CSI Services, Inc.
·Diversified Project Services International (DPSI)
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
7.POWER HEADS REPAIRS FOR CENTRAL GENERATION ENGINES
AT PLANT NOS. 1 AND 2
2022-2143
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve additional funds of $60,300.60 to Sole Source Purchase Order
146032-OS, for Cooper Machinery Services to repair 16 spare Engine Power
Heads for Engines at Central Generation for Plant Nos. 1 and 2, for a new total
amount not to exceed $132,915 plus taxes and shipping; and
B. Approve a contingency of $13,292 (10%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Page 4 of 7
OPERATIONS COMMITTEE Minutes March 16, 2022
8.REIMBURSEMENT AGREEMENT FOR ORANGE COUNTY
SANITATION DISTRICT MANHOLE FRAME AND COVER
ADJUSTMENTS ON EUCLID STREET IN THE CITY OF ANAHEIM
2022-2152
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Approve and authorize the General Manager to execute a Reimbursement Agreement
with the City of Anaheim for an amount not to exceed $180,000 for Orange County
Sanitation District manhole frame and cover adjustments on Euclid Street in the City of
Anaheim in a form approved by General Counsel.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Item No. 6 was pulled and heard separately.
6.MATERIALS TESTING, INSPECTION, AND OTHER GEOTECHNICAL
TESTING SERVICES, PSA2022-003
2022-2119
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Professional Services Agreement to provide on-call Materials Testing,
Inspection, and Other Geotechnical Testing Services for Collection System and
Treatment Plant Projects, PSA2022-003, for a three-year period effective May 1, 2022,
for an amount not to exceed $400,000 per individual agreement ($1,600,000 total) with
the following four firms:
·Atlas Technical Consultants LLC
·Aesco Technologies
·MTGL, Inc.
·Koury Engineering and Testing, Inc.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Page 5 of 7
OPERATIONS COMMITTEE Minutes March 16, 2022
Board Vice-Chair Wanke arrived at the meeting at approximately 4:15 p.m.
Board Chair Withers appeared to be away during the vote on Item No. 9.
NON-CONSENT:
9.SECONDARY TREATMENT VFD REPLACEMENTS AT PLANT NO. 2,
PROJECT NO. FE19-08
2021-1785
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Secondary Treatment
VFD Replacements at Plant No. 2, Project No. FE19-08;
B. Receive and file Orange County Sanitation District’s Notice of Intent to Award
dated January 27, 2022;
C. Receive and file Award Protest from LEED Electric, Inc. dated February 2, 2022,
concerning the award to ACS Engineering;
D. Receive and file Orange County Sanitation District’s determination letter dated
February 10, 2022 to LEED Electric, Inc. responding to award protest;
E. Award a Construction Contract to ACS Engineering for Secondary Treatment
VFD Replacements at Plant No. 2, Project No. FE19-08, for an amount not to
exceed $1,433,000; and
F. Approve a contingency of $143,300 (10%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Johnathan Ryan
Hernandez, Steve Jones, Sandra Massa-Lavitt, Paulo Morales,
Robert Ooten, Jesus Silva, Donald Wagner and Chad Wanke
NOES:None
ABSENT:Kim Nichols, John Withers and Chad Zimmerman
ABSTENTIONS:None
INFORMATION ITEMS:
10.STAFFING STRATEGY TO DELIVER CAPITAL IMPROVEMENT
PROGRAM
2022-2158
Originator: Kathy Millea
Engineering Manager Jeff Mohr provided a PowerPoint presentation regarding the
Capital Improvement Program Delivery Strategy which included the forecasted CIP
expenditures; capital project delivery costs; forecasted staff, engineering, and
programming workload; supplemental services contracts; and next steps to be taken.
Page 6 of 7
OPERATIONS COMMITTEE Minutes March 16, 2022
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Jones declared the Special meeting adjourned at 4:36 p.m. to the next Regular
Operations Committee meeting to be held on Wednesday, April 6, 2022 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2251 Agenda Date:4/27/2022 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
INTERSTATE 405 WIDENING PROJECT IMPACTS ON OCSD SEWERS, PROJECT NO. 3-66
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve the First Amendment to Utility Agreement No. UK204650, between the Orange
County Sanitation District and the Orange County Transportation Authority for Interstate 405
Widening Project Impacts on OCSD Sewers, Project No. 3-66; and
B. Approve the First Amendment to Utility Agreement No. UK201113, between the Orange County
Sanitation District and the Orange County Transportation Authority for Interstate 405 Widening
Project Impacts on OCSD Sewers, Project No. 3-66.
BACKGROUND
The Orange County Transportation Authority (OCTA) is widening Interstate 405 (I-405) between State
Route 73 and Interstate 605. This work has the potential to impact the Orange County Sanitation
District’s (OC San) sewers. In June 2017, OCTA and OC San approved Utility Agreements that
arranged for OC San’s review of OCTA’s plans to verify facilities would be adequately protected,
allowed OC San to inspect the relevant work, and set the basis for OCTA to compensate OC San for
their costs. At OCTA’s request, eight separate Utility Agreements were created to cover different
segments of the I-405 widening.
OC San’s costs for this project are charged to Interstate 405 Widening Project Impacts on OCSD
Sewers, Project No. 3-66, for later billing to OCTA.
RELEVANT STANDARDS
·Protect OC San assets
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
Orange County Sanitation District Printed on 4/19/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2251 Agenda Date:4/27/2022 Agenda Item No:6.
PROBLEM
In May 2021,OCTA’s contractor damaged OC San sewers at two separate locations.At one of the
locations,an upstream diversion prevented a spill.At the other location,OC San had to divert
around the damaged section using pumper trucks for three days until the damage was repaired.
Responding to the damage,reviewing repair plans,and inspecting the repairs has required more
staff time than anticipated for one of the eight utility agreements.Also,OCTA needs these costs
itemized for them to obtain compensation from their contractor.The total costs incurred by OC San
for these two breaks is approximately $63,000.
PROPOSED SOLUTION
Approve amendments to two Utility Agreements that segregate the costs of addressing the damages
from the rest of the costs associated with these agreements.This segregation allows OCTA to
recover the costs from their contractor.
One of the two amendments also increases the maximum compensation from $94,682 to $148,805
to account for these costs. The other Utility Agreement has sufficient budget to address the costs.
TIMING CONCERNS
OC San staff is actively inspecting the on-going work by OCTA’s contractor widening the freeway.
RAMIFICATIONS OF NOT TAKING ACTION
OC San would be unable to invoice OCTA for the full amount and OCTA would not have segregated
costs to seek compensation for their contractor.
PRIOR COMMITTEE/BOARD ACTIONS
June 2017 -Approved eight Utility Agreements in conjunction with the Cooperative Agreement
approved with the Orange County Transportation Authority agreeing to define specific terms,
conditions,and funding obligations regarding the relocation,reconstruction,and protection of the
regional sewers located along Interstate 405 Freeway to accommodate the Interstate 405
Improvement Project.
ADDITIONAL INFORMATION
N/A
CEQA
N/A
Orange County Sanitation District Printed on 4/19/2022Page 2 of 3
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File #:2022-2251 Agenda Date:4/27/2022 Agenda Item No:6.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-7,Interstate 405 Widening
Project Impacts on OCSD Sewers,Project No.3-66).Although the costs associated with the two
breaks will require a project budget increase which staff intends to include in the proposed Budget for
Fiscal Years 2022-23 and 2023-24,these additional costs will be covered by compensation from
OCTA.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·First Amendment to Utility Agreement UK201113-2 OCSAN 1113
·First Amendment to Utility Agreement UK204650-2 OCSAN 1114
·Original Agreements
RL:jw
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ORANGE COUNTY TRANSPORTATION AUTHORITY
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK201113
(UK201113-2)
DISTRICT
12
COUNTY
Orange
FEDERAL AID NUMBER
HPLULN-6071(043)
FEDERAL PARTICIPATION
ROUTE
1-405
POST MILE
9.3-24.2
OWNER'S PLAN NUMBER
NIA
EA
12-0HI00
PROJECT ID
1200000180
On the project ~ YES D NO On the Utilities D YES ~ NO
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK201113
(UK201113-2) DATE
WHEREAS, Orange County Transportation Authority ("Authority") and Orange County Sanitation District
("Sanitation District") have entered into that certain Utility Agreement No.UK.201113, dated June 28, 2017
("Agreement"), which Agreement sets forth the terms and conditions pursuant to which the Sanitation
District has performed plan review to accommodate certain aspects of the Authority's construction on
Interstate 405, Project No. 1200000180; and,
WHEREAS, it was originally contemplated by the Authority and the Sanitation District that the Facilities ( as
defined in paragraph 1 below) would need to be modified by way of relocation or extended encasement; and,
WHEREAS, the Authority and the Sanitation District have since jointly concluded that relocation or extended
encasement of the Facilities would not be necessary, and a revised plan was developed to protect the Facilities
in place; and,
WHEREAS, in the performance of the Authority's construction to accommodate the Project, the Authority's
contractor damaged the Facilities and must perform a repair procedure to restore the Facilities to a condition
that is acceptable to the Sanitation District; and,
WHEREAS, in the perfo1mance of the Authority's contractor's repair procedure, the repair failed and a
second repair procedure was performed; and,
WHEREAS, the Authority and the Sanitation District require an amendment to the Agreement to include
proper funding and other specific scope of work for this repair to the Facilities; and
WHEREAS, this additional work requires additional Sanitation District funds to perform additional
coordination, design reviews, and to perfo1m Closed Circuit Television (CCTV) and field inspections, as well
as other related activities to repair the damage to the Facilities.
NOW, THEREFORE, it is agreed between the Authority and the Sanitation District as follows:
1. On page 1, paragraph 3 of the Agreement is amended to read as follows:
"The Sanitation District owns, operates, and maintains a regional sewerage system, including the
1204732. I
58285972. v2
FIRST AMENDMENT TO UTILITY AGREEMENT UK201113
(UK201 l 13-2)
Page 2 of3
sewerage facilities described in Exhibit A (the "Facilities"). The Facilities are within the limits of the
Project. In order to accommodate the Project, the Facilities must be properly protected in place within
the Project limits ("Protection"). Additionally, the Facilities must be repaired due to damage caused
by the Authority's contractor ("Damage Repair" or, collectively with the "Protection," the
"Modification"). The Modification plan must be approved by the Sanitation District prior to
construction, and any Modification construction must be inspected by the Sanitation District. During
construction of the Modification, temporary diversion of flow within the Facilities may be necessary
to provide for the safe operation of the Sanitation District's sewerage system."
2. On page 3, section 3.b. is amended to read as follows:
"b. Diversions. Upon the Authority's request, the Sanitation District's engineers shall analyze
potential sewer diversion impacts using the Sanitation District's hydraulic model. Upon the
Sanitation District's approval of this diversion analysis, the Authority shall develop a detailed
diversion plan to address the Sanitation District's system constraints for final approval. Any
temporary diversion design shall require the Sanitation District's approval prior to implementation.
Temporary Diversions shall be implemented, monitored, and removed by the Authority in
accordance with the requirements of the plan approved by the Sanitation District."
3. On page 6, a new section 4.i shall be added, to read as follows:
"i. Cost Segregation. All Sanitation District costs related to the Damage Repair, including design plan
review, coordination, CCTV, diversion analysis and inspections shall be tracked and itemized
separately from other previously anticipated protection inspection items by the Sanitation District and
shall be submitted to the Authority in a manner which will allow the Authority to identify those costs
associated with the Damage Repair separately from the costs associated with the Protection for
purposes of the Authority's billing the Damage Repair costs to its contractor."
4. All other terms and conditions of the Agreement shall remain unchanged.
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ORANGE COUNTY TRANSPORTATION AUTHORITY
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK204650
(UK204650-2)
DISTRICT
12
COUNTY
Orange
FEDERAL AID NUMBER
HPLULN-6071(043)
FEDERAL PARTICIPATION
ROUTE
1-405
POST MILE
9.3 -24.2
OWNER'S PLAN NUMBER
NIA
EA
12-0HIO0
PROJECT ID
1200000180
On the project [8J YES □ NO On the Utilities □ YES [8J NO
FIRST AMENDMENT TO UTILITY AGREEMENT NO. UK204650
(UK204650-2) DA TE
WHEREAS, Orange County Transportation Authority ("Authority") and Orange County Sanitation District
("Sanitation District") have entered into that certain Utility Agreement No. UK204650, dated June 28, 2017
("Agreement"), which Agreement sets forth the terms and conditions pursuant to which the Sanitation
District has perfonned inspection and plan review to accommodate certain aspects of the Authority's
construction on Interstate 405, Project No. 1200000180; and,
WHEREAS, in accordance with Section 1.f of the Agreement, the Authority shall be responsible for all
damages arising out of its Project and shall perform all necessary repairs; and,
WHEREAS, in the performance of the Authority's construction to accommodate the Project, the Authority's
contractor damaged a Facility between Harbor Boulevard and Fairview Avenue and will perform a repair
procedure to restore the Facility to a condition that is acceptable to the Sanitation District; and,
WHEREAS, Sanitation District agrees to perform a portion of the repair of the Facility related to sewer liner
installation through a separate contractor; and,
WHEREAS, the Authority and the Sanitation District require an amendment to the Agreement to include
proper funding and other specific scope of work for this repair to the Facility; and
WHEREAS, this additional work requires additional Sanitation District funds to perform additional
coordination, design reviews, and to perform Closed Circuit Television (CCTV) and field inspections, as well
as other related construction activities to repair the damage to the Facility; and,
WHEREAS, it has been determined that, since estimated final costs will exceed the amount included in
original Agreement, an amendment is required to address the increased cost of the work performed by the
Sanitation District; and,
WHEREAS, the estimated cost to Authority of the work to be performed under said Agreement was $94,682,
and by reason of the increased costs referred to above, the amended estimated cost to OCT A increased to
$148,805.
NOW, THEREFORE, it is agreed between the Authority and the Sanitation District as follows:
1. The third paragraph on page 1 of the Agreement is amended to read as follows:
1204732.1
60234677.v2
FIRST AMENDMENT TO UTILITY AGREEMENT UK204650
(UK204650-2)
Page 2 of3
The Sanitation District owns, operates, and maintains a regional sewerage system, including the
sewerage facilities described in Exhibit A ( each a "Facility" and any two or more the "Facilities"). The
Facilities are within the limits of the Project. In order to accommodate construction of the Project,
protection of ce1iain Facilities (which the Authority believes will not suffer any direct impact from
the Project or its construction) requires cooperation between the Authority and the Sanitation District
and, in some cases, may require additional mitigation measures not anticipated by the Authority to
ensure that the Facilities are protected in place ("Protection Measures"). Any Protection Measures
related to the Facilities as a result of the Project must be reviewed and approved by the Sanitation
District p1ior to construction. Any construction over, under, or directly proximate to the Facilities must
be inspected by the Sanitation District to ensure safe operation of the Facilities and the Sanitation
District's sewerage systems. Additionally, for any Facilities that must be repaired due to damage
caused by the Authority's contractor ("Damage Repair"), the Damage Repair plan must be approved
by the Sanitation District prior to construction, and any Damage Repair construction must be inspected
by the Sanitation District. During construction of the Damage Repair, temporary diversion of flow
within the Facilities may be necessary to provide for the safe operation of the Sanitation District's
sewerage system."
2. On page 3, section 2.c. is amended to read as follows:
"The Sanitation District estimates that the cost of the Sanitation District's work under this Agreement,
including sewer pipe liner related to the repair of the Facility, will be $148,805 ("Estimated Sanitation
District Costs")."
3. On page 6, a new section 4.i shall be added, to read as follows:
"i. Cost Segregation. All Sanitation District costs related to the Damage Repair, including design plan
review, coordination, CCTV, diversion analysis and inspections shall be tracked and itemized
separately from other previously anticipated protection inspection items by the Sanitation District and
shall be submitted to the Authority in a manner which will allow the Authority to identify those costs
associated with the Damage Repair separately from the costs associated with the Protection Measures
for purposes of the Authority's billing the Damage Repair costs to its contractor."
4. All other terms and conditions of the Agreement shall remain unchanged.
60234677.v2
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ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
District COUNTY ROUTE POST MILE EA PROJECT ID
12 Orange 1-405 9.3-24.2 12-OHl000 1200000180
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
NIA NIA
FEDERAL PARTICIPA TlON
On the project [gj YES O NO On the Utilities O YES (8J NO
UTILITY AGREEMENT NO. UK201113 DATE
This Utility Agreement ("Agreement") is dated ~ 8", 2017 and is between the
Orange County Transportation Authority ("Autho ty") and the Orange County Sanitation
District ("Sanitation District"), which are sometimes referred to individually in this Agreement
as a "party" or together as the "parties."
The Authority in cooperation with the California Department of Transportation ("Caltrans") is
proposing to improve Interstate 405 between State Route 73 and Interstate 605 (the "Project").
The Authority and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the
Project under which Caltrans will provide Project oversight, the Authority will perform
construction, and upon completion of the Project, Cal trans wi II continue to own and maintain the
Interstate 405.
The Sanitation District owns, operates, and maintains a regional sewerage system, including the
sewerage facilities described in Exhibit A (the "Facilities"). The Facilities are within the limits
of the Project. In order to accommodate the Project, the Facilities must be modified by way of
relocation or extended encasement (each a "Modification"). Any Modification plan must be
approved by the Sanitation District prior to construction, and any Modification construction must
be inspected by the Sanitation District. During construction of a Modification, temporary
div ersion of flow within the Facilities may be necessary to provide for the safe operation of the
Sanitation District's sewerage system.
The Authority and the Sanitation District intend by this Agreement to provide for the conditions
under which the Authority may modify the Sanitation District's Facilities, and the Authority's
payment to the Sanitation District of the Sanitation District's costs related to the Modification.
Authority and Sanitation District therefore agree as follows:
1. MODIFICATION WORK.
a. Facility Modification. In accordance with the Relocation Claim Letter attached as
Exhibit A dated July 30, 2015, the Authority may modify the Sanitation District's
Facilities as generally shown on the Authority's preliminary engineering plans for
the improvement of Interstate 405, EA 12-OH I 000, subject to the written
approval by the Sanitation District's General Manager (or his designee)
4811 -8693-2554.1 49190819.v2
UTILITY AGREEMENT (Cont.) Page 2 of9
UTILITY AGREEMENT NO.
UK201113
("General Manager") of the final engineering plans and specifications (the
"Plans").
b. Sanitation District's Approval of Plans. The Sanitation District's General
Manager shall review the Plans, and will have sole discretion to and approve the
Plans. It is anticipated by both parties that multiple reviews may be required for
design approval. The Sanitation District shall make commercially reasonable
efforts to review and provide any comments back to Authority within 30 days.
The Sanitation District agrees not to unreasonably withhold its approval of
Authority's design. Additionally, the Sanitation District agrees to provide a
written notice requesting a review period extension in the event its review will
extend beyond 30 calendar days.
c. Deviation from Plans. Any deviations from the Plans must be proposed by the
Authority under a Revised Notice to Owner. The Authority shall not commence
any Modification work that deviates from the Plans prior to the Sanitation
District's approval of the Revised Notice to Owner, which approval is subject to
the Sanitation District's General Manager's sole discretion. The Sanitation
District will use commercially reasonable efforts to review and approve revisions
to the Plans within four weeks after their delivery to the Sanitation District and
written acknowledgment of receipt. If additional time is required, Sanitation
District shall provide Authority with a written notice identifying the additional
time requested.
d. Notification of Construction; Access. Authority shall advise the Sanitation
District of the anticipated dates of construction of the Modification at least 30
days prior to the date of construction. The Sanitation District shall at all times
have access to its Facilities, and the Authority and its contractor shall not restrict
or obstruct the Sanitation District's access to the Facilities at any time.
e. Ownership and Maintenance. Upon completion of the Modification work by the
Authority, and the Sanitation District's final inspection and approval of the
Modification, the Sanitation District shall accept ownership and maintenance of
the modified Facilities.
f. Property Rights Acquisition. Nothing in this Agreement is intended to waive or
limit the Sanitation District's right to just compensation for all Project-related
uses of the Sanitation District's real or personal property. The Authority shall
acquire any necessary property rights from the Sanitation District in accordance
with state and federal law prior to undertaking construction of the Modification.
48JJ-8693-2554.149190819.v2
UTILITY AGREEMENT (Cont.) Page 3 of9
2.
UTILITY AGREEMENT NO.
UK201113
SANITATION DISTRICT'S COSTS.
a. The Facilities are lawfully maintained in their present location and qualify for
relocation or other Modification at Caltrans's expense under the provisions of
Section 703 of the Streets and Highways Code.
b. The Authority assumes all costs associated with the Modification, including
Sanitation District's costs of plan review, inspection, and flow diversion. The
Sanitation District does not benefit from the Project and therefore will have no
liability for any costs arising out of or relating to any Modification of the Facilities
under or in connection with this Agreement.
c. The Sanitation District estimates that the cost of the Sanitation District's work
under this Agreement will be $44,271.38 ("Estimated Sanitation District Costs").
3. SANITATION DISTRICT'S INSPECTIONS AND DIVERSIONS.
a. Sanitation District Inspection. The Sanitation District may inspect (and the
Authority shall provide the Sanitation District with access to) any phase of the
Modification work for the purpose of the Sanitation District's inspection to ensure
that the work is in accordance with the specifications contained in the Plans and
any related construction contract. The Sanitation District shall direct all questions
regarding the Modification work to Authority's Resident Engineer for his or her
evaluation and recommended disposition.
b. Diversions. Upon the Authority's request, the Sanitation District's engineers shall
analyze potential sewer diversion impacts using the Sanitation District's hydraulic
model. Upon request and the Sanitation District's approval following the
diversion analysis described in the prior sentence, the Sanitation District's field
crew staff shall implement and monitor the temporary diversion, and then remove
the diversion.
c. Public Work. Inspections and field work described above in this Section 3 and
performed by Sanitation District employees fall within the exception of Labor
Code Section l 720(a)( l) and do not constitute a public work under Section
l 720(a)(2) and are not subject to prevailing wages.
4. AUTHORITY'S PAYMENT FOR SANITATION DISTRICT COSTS.
a. The Authority shall construct the Modifications at no cost to the Sanitation
District and shall pay Sanitation District for its Actual Costs (as defined in this
section) of
4811-8693-2554. l 491908 I 9. v2
UTILITY AGREEMENT (Cont.) Page 4 of9
UTILITY AGREEMENT NO.
UK201113
(l) Administration of this Agreement (including planning, coordination, and
communication with the Authority) and review and approval of the Plans
(and any revisions to the Plans);
(2) Inspection of the Modification construction; and
(3) Analyzing, planning and implementing any sewer diversions necessitated
by the Modification.
b. "Actual Costs" means the total fully-burdened salaries, wages, and equipment
costs including overhead and administration.
c. It is understood and agreed that Authority will not pay for any betterment or
increase in capacity of Sanitation District's facilities as part of this Agreement,
and that any request by Sanitation District for changes in the Plans that involve
any such betterment or increase in capacity shall, if Authority accepts such
proposed changes, be paid for solely by Sanitation District.
d. The Sanitation District shall not use any out-of-state personnel (or personnel
requiring lodging and meal "per diem" expenses) for its plan review, inspection,
or diversion work under this Agreement.
e. All costs incurred by the Sanitation District as a result of the Authority's request
of July 30, 2015 to review, study and/or prepare relocation plans and estimates for
the Project may be billed pursuant to the terms and conditions of this Agreement.
f. Billing Procedure.
( 1) Progress Bills. Not more frequently than once a month, but at least
quarterly, Sanitation District will prepare and submit progress bills
itemized for costs incurred not to exceed Sanitation District's recorded
costs. The Sanitation District's itemized progress bill must be signed by
an authorized official and prepared on the Sanitation District's letterhead,
compiled on the basis of Actual Costs incurred and charged or allocated
to the Modification in accordance with the policies of the Sanitation
District that conform to the accounting principles generally accepted in the
United States of America (GAAP) as applicable to governments.
(2) Progress Payments. The Authority shall pay the Sanitation District within
45 days after receipt of the Sanitation District's progress bills. Payment
of progress bills not to exceed 125% of the Estimated Sanitation District
Costs may be made under the terms of this Agreement. The Authority
shall pay progress bills that exceed 125% of the Estimated Sanitation
District Costs only upon receipt and approval by Authority of
4811-8693-2554. l 49190819. v2
UTILITY AGREEMENT (Cont.) Page 5 of9
UTILITY AGREEMENT NO.
UK201113
documentation supporting the cost increase and after an amendment to this
Agreement has been executed by the parties to this Agreement.
(3) Sanitation District shall submit a final bill to Authority within 365 days
after the completion of the Sanitation District's acceptance of the
Modification described in Section 1. If Authority has not received a final
bill within 365 days after notification of completion of the Modification,
and Authority has delivered to Sanitation District fully executed Director's
Deeds, Consents to Common Use or Joint Use Agreements for Sanitation
District's facilities (if required), then Authority shall provide written
notification to Sanitation District of its intent to close its file within 30
days. All remaining costs will be deemed to have been abandoned if not
submitted to Authority for payment prior to such closure of the file. If
Authority processes a final bill for payment first received from Sanitation
District after closure of the file, payment of the late bill may be subject to
allocation and/or approval by the Authority's Board of Directors.
( 4) The final billing must be in the form of an itemized statement of the total
costs charged to the Project, less the credits provided for in this
Agreement, and less any amounts covered by progress billings. However,
Authority shall not pay final bills which exceed the estimated cost of this
Agreement without documentation of the reason for the increase of said
cost from the Sanitation District and approval of that documentation by
Authority. However, if the final bill exceeds the Sanitation District's
estimated costs solely as the result of a revised Notice to Owner, then a
copy of that revised Notice to Owner will suffice as documentation. In
either case, payment of the amount over the Estimated Sanitation
District's Cost may be subject to allocation and/or approval by the
Authority Board of Directors.
g. If the Pa11ies anticipate that the Sanitation District's costs will exceed 125% of the
Estimated Sanitation District Costs, then the parties shall negotiate in good faith
an amendment to this Agreement prior to the payment of the Sanitation District's
final bill. Any and all increases in costs that are the direct result of deviations
from the work described in Section l of this Agreement shall have the prior
concurrence of Authority and Sanitation District.
h. Sanitation District shall retain detailed billing records for a period of three years
from the date of the final payment, and will make the records available for audit
by Authority, State and/or Federal auditors. The Sanitation District currently
complies with State law applicable to sanitation districts and generally accepted
accounting principles, which are generally consistent with existing Federal
regulations. Upon notice from the Authority, the Sanitation District shall comply
4811-8693-2554. I 49190819. v2
UTILITY AGREEMENT (Cont.) Page 6 of9
UTILITY AGREEMENT NO.
UK201113
with any additional Federal regulations identified by the Authority as applicable
to the Sanitation District's actions in connection with the Project under this
agreement.
5. TERMINATION.
If Authority's Project is canceled or modified so as to eliminate the need for the
Modification, then the Authority will notify the Sanitation District in writing and
any party may terminate this Agreement at any time prior to the commencement
of construction of the Modification by providing 30 days written notice to the
other party. The Authority shall pay the Sanitation District for all costs incurred
up to the date of termination. The billing procedures in Section 5 shall survive the
termination of this Agreement.
6. INSURANCE.
The Authority shall incorporate within the contract documents for the Project a
requirement for the contractor to obtain and keep in full force and effect
throughout the life of the Project insurance naming the Sanitation District as an
additional insured and in compliance with all insurance requirements in Exhibit B.
7. INDEMNITY.
a. The Authority shall be responsible for all costs, expenses, losses, fines, penalties,
civil administrative liabilities, and liabilities relating to the construction of any
Modification, and shall indemnify, defend, and hold harmless the Sanitation
District, its directors, officers, agents, and employees, from all claims, demands,
actions, costs (including attorneys fees), liabilities, losses, damages, including
claims for personal injury (including death) or property damages, penalties, fines,
administrative civil liabilities, and/or remediation costs arising from or in any way
associated with the following:
(I) Construction of any Modification, including but not limited to trenching,
backfill work above the pipe zone, and pavement work;
(2) Any overflows or spills of wastewater arising out of or relating to the
construction of any Modification; and
(3) Any claims for sewer capacity by any former discharger to the Facilities
that are impacted by any Modification.
b. This indemnity provision will survive the termination of this Agreement.
4811-8693-2554.I 49190819.v2
UTILITY AGREEMENT (Cont.) Page 7 of9
UTILITY AGREEMENT NO.
UK201113
8. GENERAL PROVISIONS.
a. This Agreement contains the entire agreement between the parties concerning the
Modification, except with respect to compensation for the Authority's use of any
of the Sanitation District's property rights. Any amendment to this Agreement
must be in a writing executed by both parties.
b. Each party has participated in negotiating and drafting this Agreement, so if an
ambiguity or a question of intent or interpretation arises, this Agreement is to be
construed as if the parties had drafted it jointly.
c. A waiver of any breach of any provision of this Agreement or of any failure to
comply with any requirement of this Agreement will not be deemed a waiver of
any other provision or requirement of this Agreement, and no waiver will be valid
unless in writing and executed by the waiving party. An extension of time for
perfo1mance of any obligation or act will not be deemed an extension of time for
performance of any other obligation or act.
d. Authority represents and warrants that no federal or California state funds will be
used to pay Sanitation District under this Agreement. Sanitation District
represents and warrants that it will not use federal or California state funds in
order to perform any of its obligations under this Agreement. The Parties agree
that they shall not seek or obtain payment or reimbursement from Caltrans for any
work, cost, expense, fee, obligation or liability that arises under this Agreement.
e. This Agreement will be executed in duplicate originals, one of which will be
retained by each party.
f. This Agreement will inure to the benefit of and will be binding upon the parties
and their respective successors and assigns.
g. This Agreement will be governed and construed in accordance with California
law.
h. Each pa1ty shall execute and deliver any instruments, and to perform any actions
that may be necessary, or reasonably requested, in order to give full effect to this
Agreement.
1. The Sanitation District hereby delegates to its General Manager the authority to
approve any deviations from the Plans, in his sole and absolute discretion, as
contemplated in section l .c.
4811-8693-2554.l 49190819.v2
UTILITY AGREEMENT (Cont.) Page 8 of9
UTILITY AGREEMENT NO.
UK201113
J. All notices or other communication must be in writing and be personally served
or delivered by United States mail, or nationally-recognized overnight carrier
addressed as follows, with a courtesy copy by email:
Sanitation District:
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Mr. Rob Thompson
Director of Engineering
Email: RThompson@ocsd.com
Tel: 714-593-7310
Authority:
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attn: Mr. Dennis Mak
Principal Contract Administrator
Email: DMak@octa.net
Tel: 714-560-5446
Any party may, by notice to the others, designate a different address for notices
which will be substituted for that specified above. Any notice given as provided
in this section will be deemed to have been received, if personally served, as of
the date and time of service, or if deposited in the mail as provided above, forty-
eight ( 48) hours after deposit in the mail.
Signatures on Following Page
4811-8693-2554.1 49190819. v2
UTILITY AGREEMENT (Cont.) Page 9 of 9
UTILITY AGREEMENT NO.
UK201113
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.
UK20 111 3
IN WITN ESS WHEREOF, the parties have executed this Agreement on the dates below.
ORANGE COUNTY SANITATION
DISTRICT
APPROVED
By: ~<P ' ·-7
-reg }'.Sebotlrn,PLS
Board Chair
Date:
APPROVED AS TO FORM:
Lewis Brisbois Bisgaard & Smith, LLP
By:
Special Counsel
481 1-8693-2554. I 49 I 908 I 9. v2
ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED
By:
{vf!_'. Jim
Executive Director,
Capital Programs
Date: l, / '2-,?_.,,,/ / 1 I 1
APPROVED AS TO FORM:
By:
Rick Rayl '
Speciale=
49190819.v2
Exhibit A
Relocation Claim Letter
m
OCTA
BOARD OF DIRECTORS
Jeffrey Lalloway
Chairman
Lori Donc/Jak
ViceCt,air
Lisa A. Bari/ell
Director
A11drewDo
Director
Michael l-le1111essey
Director
Steve Jones
Director
Jim l<atapodis
Director
Ga,y A. Miller
Director
Al M(lrray
Director
$haw11 Netso11
Director
Miguel Pulido
Director
Tim Shaw
Director
Todd Spitzer
Director
M1cl1elle Steel
Directo,
Tom la1t
Director
Frank Ury
Director
Grego,y T. Wi11Jer/Jol/o,n
Director
Ryan Cl1am/Jerlai11
Ex-O1//cio Member
Cl-llff EXECUrtVE OFFICE
Darrell Johnson
Chief Executive Officer
July 30, 2015
OCSD
I 0844 Ellis Avenue
Fountain Valley, CA 92708
Attention:
Subject:
Mr. Rudy Davila
Project Manager
I-405 Improvement Project (EA-OHlO00)
Relocation Claim Letter/Utility Conflicts
Utility ID No. OCSD1113
Dear Mr. Davila:
The Orange County Transportation Authority (OCTA) in cooperation with Caltrans, proposes
to improve the Interstate 405 (I-405) from 1-605 to SR-73. The environmentally selected
alternative includes reconfiguration of interchanges, intersections widening the freeway for
general purpose lanes and re-striping various locations along the corridor. It is anticipated that
the environmental approval will take place this summer while OCTA continues the process of
advancing preliminary engineering for utilities.
Enclosed is one preliminary map covering OCSD conflict areas of the proposed 1-405
Project.
Your Company's facilities are within the proposed project area and may be affected by planned
construction. These plans are for your use in:
( 1) Verifying your existing facilities as shown on the plans
(2) Completing yom Conceptual Preliminary Relocation Plans
(3) Identifying related easement requirements
( 4) Developing your claim of liability
This is a freeway and all rights of access will be restricted. If the OCT A is liable for any
portion of your relocation costs, and if a consulting engineer will prepare any of your plans, a
copy of the proposed agreement with your consultant must be furnished to this office as soon
as possible. Employment of a consultant for a fee based on a percentage of the relocation cost
is not acceptable. If desired, an example of a typical consultant agreement, along with the
Certification of Consultant, will be furnished upon your request.
It is the intent of the project to replace property rights "in kind" to existing terms. If easements
are required to relocate your facilities, please delineate your needs on the plans. This
information is necessary as soon as possible so your replacement easements can be planned
for by the OCT A along with other lands required for this project. You may submit your
easement requirements ahead of your overall conceptual preliminary relocation plans.
Please submit the following information for review so a Preliminary Draft Utility Agreement
can be prepared:
Orange County Transportation Authority
550 South Main Street I P.O. Box 14184 I Orange I California 92863-1584 I (714) 560-OCTA (6282)
Page 2
I. Two sets of your conceptual preliminary relocation plans with related easement
requirements, if any, and any changes to the existing facilities as shown on the
State's preliminary plans.
2. The date your existing facilities were installed.
3. Your occupancy rights for installation:
A. Fee-owned land
B. Easement (recorded)
C. Easement (unrecorded)
D. Prescriptive right
E. Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA)
F. Franchise
G. State Permit
H. County Permit
I. City Permit
J. Joint Pole Agreement
K. Other ( explain)
Please provide a copy of your documentation to support your occupancy rights claim for A,
B, C, D, or E above,
4. An itemized estimate of cost for the preparation of your conceptual preliminary
relocation design so a Design based utility agreement can be prepared.
5. Your work will be performed by:
A. Own forces
B. Continuing contractor
C. Competitive bid contract
6. Your liability claim:
OCTA _____ % OCSD _____ %
The Project is currently scheduled for construction start in the summer of 2017.
Please submit your information to me by no later than September 4, 2015. If you have any
questions or require additional information, please feel free to contact me at (714) 560-5406
Your Cooperation is greatly appreciated
Sincer~-
/ ~
M. Joseph Toolson
OCT A Project Manager
Enclosures: 1) Conflict Map
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49190819.v2
Exhibit B
Insurance Provisions
EXHIBIT B
Insurance Requirements
1. The Authority shall be the lead agency under the California Environment Quality
Act of 1970, California Public Resources Code § 21000 et seq. (CEQA), as amended, for the
Project.
2. The Authority shall award a construction contract for the Project to a contractor
appropriately registered and licensed to practice in the State of California, including with respect
to performance and implementation of the work ("Contractor").
3. The Authority shall be responsible for the award and administration and
performance of the contract, including supervising the implementation of the Project and the
Contractor's performance in accordance with the requirements, provisions and restrictions of the
contract. The Authority shall diligently proceed with the contract award and Project
commencement promptly following the execution of this Agreement.
4. The Authority shall incorporate within the contract documents for the Project a
requirement for the Contractor to obtain and keep in full force and effect throughout the life of
the Project, for the mutual benefit of the Sanitation District and the Authority, a policy or
policies of comprehensive, broad form, commercial general liability insurance written on ISO
from CG 00 01, or a substitute form providing liability coverage at least as broad in the amount
of $3,000,000 limit per occurrence with a $3,000,000 aggregate and automobile insurance
against claims and liabilities for activities of the Contractor in the amount of$ l ,000,000
(combined single limit per occurrence).
(A) The policy or policies will name the Sanitation District and their
respective elected and appointed officials, officers, agents and employees as additional insureds
using ISO form CG 2010 or CG 2033, or a form at least as broad and shall, additionally, contain
language providing for waiver of subrogation. The policy or policies will include a primary and
non-contributory endorsement using ISO form CG 20 01 04 13, or a form at least as broad,
evidencing that the policies are primary and noncontributing with any insurance or self-insurance
that may be carried by the Sanitation District or other third parties, and that said insurance may
not be canceled or materially changed except upon thirty (30) days written notice to the
Authority and the Sanitation District. The policy or policies shall include a Products and
Completed Operations endorsement using ISO form GC 2027 (ed. 10/01) or a form at least as
broad.
(B) The Authority shall also require that workers' compensation benefits are
secured by the Contractor as required by law, and provide an endorsement waiving all rights of
subrogation against the Parties to this Agreement with regard to any workers' compensation
claims, including any such claims against the Sanitation District.
(C) Prior to the issuance of the Notice to Proceed to the Contractor, the
Authority shall provide the Sanitation District with policies and endorsements naming the
4818-0017-7991.1
Sanitation District as an additional insured for the general liability and automobile liability
policies described above.
(D) In addition, the Authority shall require its Contractor to obtain pollution
liability insurance written on a claims-made or occurrence basis, that covers losses related to the
release or the threatened release of pollutants into the environment arising out of or resulting
from the Contractor's performance of the Project. The minimum limits of Pollution Liability
shall be $2 million per occurrence/$2 million policy aggregate. When this coverage is provided
under endorsement to the general liability policy, the $2 million per occurrence must be a
sub-limit. The pollution liability policy shall also contain an Additional Insured endorsement
and a primary and non-contributory endorsement naming the Parties to this Agreement.
(E) If the Contractor maintains higher limits than any minimums above, the
Sanitation District will be entitled to coverage for the higher limits maintained by the Contractor.
5. The Authority shall require that any and all labor and materials bonds and
performance bonds required to be supplied by the Contractor for the Project shall include the
Sanitation District as a named obligee, and Authority shall not release any bonds unless and until
the Authority has determined, and the Sanitation District has concurred in writing, that the
Modification has been successfully completed without damage or impact to Sanitation District
facilities or operations.
4818-0017-7991.l
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
District COUNTY ROUTE POST MILE
12 Orange 1-405 9.3-24.2
EA
12-OHIO00
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
NIA NIA
FEDERAL PARTlCIPA TION
On the project [gj YES O NO On the Utilities O YES [gj NO
UTILITY AGREEMENT NO. UK204650 DATE
Page I of9
PROJ ECT JD
1200000180
This Utility Agreement ("Agreement") is dated -1~--'--""""-"""--'-~-• 2017 and is between the
Orange County Transportation Authority ("Auth ity") and the Orange County Sanitation
District ("Sanitation District"), which are sometimes referred to individually in this Agreement
as a "party" or together as the "parties."
The Authority in cooperation with the California Depa11ment of Transportation ("Cal trans") is
proposing to improve Interstate 405 between State Route 73 and Interstate 605 ("Project"). The
Authority and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the
Project under which Caltrans will provide Project oversight, the Authority will perform
construction, and upon completion of the Proj ect, Caltrans will continue to own and maintain the
Interstate 405.
The Sanitation District owns, operates, and mainta ins a regional sewerage system, including the
sewerage facilities described in Exhibit A (each a "Facility" and any two or more are the
"Facilities"). The Facilities are within the limits of the Project. In order to accommodate
construction of the Project, protection of certain Facilities (which the Authority believes will not
suffer any direct impact from the Project or its construction) requires cooperation between the
Authority and the Sanitation District and, in some cases, may require additional mi tigation
measures not anticipated by the Authority to ensure that the Facilities are protected in place
("Protection Measures"). Any Protection Measures related to the Facilities as a result of the
Project must be reviewed and approved by the Sanitation District prior to construction. Any
construction over, under, or directly proximate to the Faci lities must be inspected by the
Sanitation District to ensure safe operation of the Sanitation District's sewerage systems.
The Authority and the Sanitation District intend by this Agreement to provide for the conditions
under which the Authority may build over, under, or within the zone of influence of th e Facilities
as reasonably determined by the Sanitation District and provides the approach by which the
parties will cooperate to determine appropriate Protection Measures to protect the Facilities. This
Agreement is also intended to facilitate the Authority's payment to the Sanitation District of the
Sanitation District's costs related to the review, oversight, and inspection of the Project design as
it relates to the Facilities, along with any plans fo r protection of the Facilities.
The Authority and the Sanitation District therefore agree as follows:
1. PROTECTION WORK.
4849-3414-9962. I
56067585. v8
UTILITY AGREEMENT (Cont.) Page 2 of9
UTILITY AGREEMENT NO.
UK20465O
a. Facility Protection. In accordance with the Relocation Claim Letters attached as
Exhibit A, dated March 10, 2015 and May 30, 2017, the Authority shall take such
steps as are reasonably necessary to protect the Facilities for the improvement of
Interstate 405, EA 12~OH 1000, subject to the written approval by the Sanitation
District's General Manager (or his designee) ("General Manager") of the final
engineering plans and specifications (the "Plans").
b. Sanitation District's Approval of Plans. The Sanitation District's General
Manager shall review the proposed Plans related to the Sanitation District's
Facilities. The Sanitation District shall make commercially reasonable efforts to
review and provide any comments back to Authority within 30 days. The
Sanitation District agrees not to unreasonably withhold its approval of the
Authority's design of required Protection Plans. Additionally, the Sanitation
District agrees to provide a written notice requesting a review period extension in
the event its review will extend beyond 30 calendar days. It is intended by the
parties that for the purposes of this Agreement, the Sanitation District's review of
the Authority's Plans will extend only to those portions of the Authority's Plans
that the Sanitation District reasonably concludes may have an impact on one or
more of the Facilities.
c. Deviation from Plans. It is contemplated that the Plans may be revised due to
concerns raised by either party regarding the method of protection proposed by
the Authority. The Authority shall not commence any work that deviates from the
Plans prior to the Sanitation District's approval, which approval is subject to the
Sanitation District's General Manager's sole discretion. The Sanitation District
will use commercially reasonable efforts to review and approve revisions to the
Plans within 30 days after their delivery to the Sanitation District and written
acknowledgment of receipt. If additional time is required, the Sanitation District
shall provide the Authority with a written notice identifying the additional time
requested.
d. If the Sanitation District reasonably determines that the proposed Protection
Measures for any Facility will be insufficient to protect that Facility, and that
modification of the Facility may be required to ensure its compatibility with the
Authority's Project, then upon the Sanitation District's written notice to the
Authority, the affected Facility will no longer be subject to this Agreement, and
the parties will enter into a separate utility agreement concerning the potential
modifications for that Facility.
e. Notification of Construction; Access. The Authority shall advise the Sanitation
District of the anticipated dates of construction activities related to the Plans at
least 30 days prior to the date of construction. The Sanitation District shall at all
4849-34 I 4-9962.1
56067585.vS
UTILITY AGREEMENT (Cont.) Page3 of9
UTILITY AGREEMENT NO.
UK204650
times have access to its Facilities, and the Authority and its contractor shall not
restrict or obstruct the Sanitation District's access to any Facility at any time.
f. Ownership and Maintenance. Ownership and Maintenance of the Facilities will
remain with the Sanitation District. Prior to the Authority's construction, and
within 30 days after the Authority provides notice to do so, the Sanitation District
will inspect each Facility by way of CCTV inspection or, if CCTV inspection is
not feasible for a particular Facility, by way of other reasonable means of
inspection. Upon completion of the construction by the Authority and removal of
any temporary protective devices, the Sanitation District shall be provided
reasonable time for final inspection of the Facilities to ensure systems have not
suffered any damage as a result of the Project's construction. The Sanitation
District shall provide written acceptance that the Facilities remain undamaged or
generate a punchlist of necessary repair as a result of Project within 30 days of the
Authority's request. The Authority shall be responsible for all damages arising
out of its Project and shall perform all necessary repairs to any Facility within a
reasonable time after notification by the Sanitation District, at the Authority's sole
cost.
g. Property Rights Acquisition. Nothing in this Agreement is intended to waive or
limit the Sanitation District's right to just compensation for all Project-related
uses of the Sanitation District's real or personal property. The Authority shall
acquire any necessary property rights from the Sanitation District in accordance
with state and federal law prior to undertaking construction of the Project on the
Sanitation District's property. The Sanitation District does not by this Agreement
grant, convey, or transfer any rights to use of the Sanitation District's property
and intends only to provide for the method of review and approval of plans,
inspection, and reimbursement of the Sanitation District's costs.
2. SANITATION DISTRICT'S COSTS.
a. The Facilities are lawfully maintained in their present location and qualify for
protection at the Authority's expense under the provisions of Section 703 of the
Streets and Highways Code.
b. The Authority assumes all costs associated with the protection of any of the
Facilities, including the Sanitation District's costs of plan review and inspection.
The Sanitation District does not benefit from the Project and therefore will have no
liability for any costs arising out of or relating to any protection of the Facilities
under or in connection with this Agreement.
c. The Sanitation District estimates that the cost of the Sanitation District's work
under this Agreement will be $94,682.00 ("Estimated Sanitation District Costs").
4849-3414-9962. l
56067585. v8
UTILITY AGREEMENT (Cont.) Page 4 of9
UTILITY AGREEMENT NO.
UK204650
3. SANITATION DISTRICT'S INSPECTIONS.
a. Sanitation District Inspection. The Sanitation District may inspect (and the
Authority shall provide the Sanitation District with access to) any phase of the
work for the purpose of the Sanitation District's inspection to ensure that the work
is in accordance with the specifications contained in the Plans and any related
construction contract. The Sanitation District shall direct all questions regarding
the work to the Authority's Resident Engineer for his or her evaluation and
recommended disposition.
b. Public Work. Inspections and field work described above in this Section 3 and
performed by Sanitation District employees fall within the exception of Labor
Code Section 1720(a)(l) and do not constitute a public work under Section
1720(a)(2) and are not subject to prevailing wages.
4. AUTHORITY'S PAYMENT FOR SANITATION DISTRICT COSTS.
a. The Authority shall construct any Protection Measures necessary for the Project at
no cost to the Sanitation District and shall pay the Sanitation District for its Actual
Costs (as defined in this section) of
(l) Administration of this Agreement (including planning, coordination, and
communication with the Authority) and review and approval of the Plans
(and any revisions to the Plans); and
(2) Inspection of the construction of any Protection Measures.
b. "Actual Costs" means the total fully-burdened salaries, wages, and equipment
costs including overhead and administration.
c. It is understood and agreed that the Authority will not pay for any betterment or
increase in capacity of the Sanitation District's facilities as part of this
Agreement, and that any request by the Sanitation District for changes in the
Plans that involve any such betterment or increase in capacity shall, if the
Authority accepts such proposed changes, be paid for solely by the Sanitation
District.
d. The Sanitation District shall not use any out-of-state personnel (or personnel
requiring lodging and meal "per diem" expenses) for its plan review, or inspection
work under this Agreement.
e. All costs incurred by the Sanitation District as a result of the Authority's Initial
RCLs of March 10, 2015 to review plans for the Project may be billed pursuant
to the terms and conditions of this Agreement.
4849-3414-9962.1
56067585.vS
UTILITY AGREEMENT (Cont.) Page 5 of9
f.
4849-3414-9962.1
56067585.vS
UTILITY AGREEMENT NO.
UK204650
Billing Procedure.
(1) Progress Bills. Not more frequently than once a month, but at least
quarterly, the Sanitation District will prepare and submit progress bills
itemized for costs incurred not to exceed the Sanitation District's recorded
costs. The Sanitation District's itemized progress bill must be signed by
an authorized official and prepared on the Sanitation District's letterhead,
compiled on the basis of Actual Costs incurred and charged or allocated
to the plans related to the Facilities in accordance with the policies of the
Sanitation District that conform to the accounting principles generally
accepted in the United States of America (GAAP) as applicable to
governments.
(2) Progress Payments. The Authority shall pay the Sanitation District within
45 days after receipt of the Sanitation District's progress bills. Payment
of progress bills not to exceed 125% of the Estimated Sanitation District
Costs may be made under the terms of this Agreement. The Authority
shall pay progress bills that exceed 125% of the Estimated Sanitation
District Costs only upon receipt and approval by Authority of
documentation supporting the cost increase and after an amendment to this
Agreement has been executed by the parties to this Agreement.
(3) The Sanitation District shall submit a final bill to the Authority within 365
days after the completion of the Sanitation District's acceptance of the
construction described in Section 1. If the Authority has not received a
final bill within 365 days after notification of completion of the work, then
the Authority shall provide written notification to the Sanitation District of
its intent to close its file within 30 days. All remaining costs will be
deemed to have been abandoned if not submitted to the Authority for
payment prior to such closure of the file. [f the Authority processes a final
bill for payment first received from the Sanitation District after closure of
the file, payment of the late bill may be subject to allocation and/or
approval by the Authority's Board of Directors.
(4) The final billing must be in the form of an itemized statement of the total
costs charged to the Project, less any amounts covered by progress
billings. However, the Authority shall not pay final bills which exceed the
estimated cost of this Agreement without documentation of the reason for
the increase of said cost from the Sanitation District and approval of that
documentation by the Authority. Payment of the amount over the
Estimated Sanitation District Costs may be subject to allocation and/or
approval by the Authority Board of Directors.
UTILITY AGREEMENT (Cont.) Page 6 of9
UTILITY AGREEMENT NO.
UK204650
g. If the parties anticipate that the Sanitation District's costs will exceed 125% of the
Estimated Sanitation District Costs, then the parties shall negotiate in good faith
an amendment to this Agreement prior to the payment of the Sanitation District's
final bill. Any and all increases in costs that are the direct result of deviations
from the work described in Section 1 of this Agreement shall have the prior
concurrence of the Authority and the Sanitation District.
h. Sanitation District shall retain detailed billing records for a period of three years
from the date of the final payment, and will make the records available for audit
by Authority, State and/or Federal auditors. The Sanitation District currently
complies with State law applicable to sanitation districts and generally accepted
accounting principles, which are generally consistent with existing Federal
regulations. Upon notice from the Authority, the Sanitation District shall comply
with any additional Federal regulations identified by the Authority as applicable
to the Sanitation District's actions in connection with the Project under this
agreement.
I.
5. TERMINATION.
If the Authority's Project is canceled or modified so as to eliminate the need for
the Protection of the Facilities, then the Authority will notify the Sanitation
District in writing and any party may terminate this Agreement at any time prior
to the commencement of construction by providing 30 days written notice to the
other party. The Authority shall pay the Sanitation District for all costs incurred
up to the date of termination. The billing procedures in Section 4 shall survive the
termination of this Agreement.
6. INSURANCE.
The Authority shall incorporate within the contract documents for the Project a
requirement for the contractor to obtain and keep in full force and effect
throughout the life of the Project insurance naming the Sanitation District as an
additional insured and in compliance with all insurance requirements in Exhibit B.
7. INDEMNITY.
a. The Authority shall be responsible for all costs, expenses, losses, fines, penalties,
civil administrative liabilities, and liabilities relating to the construction or
maintenance of the Project including any Protection Measure related to the
Facilities, and shall indemnify, defend, and hold harmless the Sanitation District,
its directors, officers, agents, and employees, from all claims, demands, actions,
costs (including attorneys fees), liabilities, losses, damages, including claims for
4849-3414-9962. I
56067585. v8
UTILITY AGREEMENT (Cont.) Page 7 of9
UTILITY AGREEMENT NO.
UK20465O
personal injury (including death) or property damages, penalties, fines,
administrative civil liabilities, and/or remediation costs arising from or in any way
associated with the following:
(I) Construction of any Protection Measure related to the Facilities, including
but not limited to trenching, backfill work above the pipe zone, and
pavement work;
(2) Any overflows or spills of wastewater from the Facilities arising out of or
relating to the construction of the Project; and
(3) Any claims for sewer capacity by any former discharger to the Facilities
that are impacted by any Protection Measure related to the Facilities.
b. This indemnity provision will survive the termination of this Agreement.
8. GENERAL PROVISIONS.
a. This Agreement contains the entire agreement between the parties concerning the
protection of any of the Facilities, except with respect to compensation for the
Authority's use of any of the Sanitation District's property rights. Any
amendment to this Agreement must be in a writing executed by both parties.
b. Each party has pa1ticipated in negotiating and drafting this Agreement, so if an
ambiguity or a question of intent or interpretation arises, this Agreement is to be
construed as if the parties had drafted it jointly.
c. A waiver of any breach of any provision of this Agreement or of any failure to
comply with any requirement of this Agreement will not be deemed a waiver of
any other provision or requirement of this Agreement, and no waiver will be valid
unless in writing and executed by the waiving party. An extension of time for
performance of any obligation or act will not be deemed an extension of time for
performance of any other obligation or act.
d. Authority represents and warrants that no federal or California state funds will be
used to pay Sanitation District under this Agreement. Sanitation District
represents and warrants that it will not use federal or California state funds in
order to perform any of its obligations under this Agreement. The parties agree
that they shall not seek or obtain payment or reimbursement from Caltrans for any
work, cost, expense, fee, obligation or liability that arises under this Agreement.
e. This Agreement will be executed in duplicate originals, one of which will be
retained by each party.
4849-3414-9962. l
56067585. v8
UTILITY AGREEMENT (Cont.) Page 8 of9
UTILITY AGREEMENT NO.
UK204650
f. This Agreement will inure to the benefit of and will be binding upon the parties
and their respective successors and assigns.
g. This Agreement will be governed and construed in accordance with California
law.
h. Each party shall execute and deliver any instruments, and to perform any actions
that may be necessary, or reasonably requested, in order to give full effect to this
Agreement.
1. The Sanitation District hereby delegates to its General Manager the authority to
approve any deviations from the Plans, in his sole and absolute discretion, as
contemplated in section 1 .c.
J. All notices or other communication must be in writing and be personally served
or delivered by United States mail, or nationally-recognized overnight carrier
addressed as follows, with a courtesy copy by email :
4849-3414-9962. I
56067585. v8
Sanitation District:
Orange County Sanitation District
10844 Ellis A venue
Fountain Valley, CA 92708
Mr. Rob Thompson
Director of Engineering
Email: RThompson@ocsd.com
Tel: 714-593-7310
Authority:
Orange County Transportation Authority
550 South Main Street
P.O. Box 14184
Orange, CA 92863-1584
Attn: Mr. Dennis Mak
Email: DMak@octa.net
Tel: 714-560-5446
Any party may, by notice to the others, designate a different address for notices
which will be substituted for that specified above. Any notice given as provided
in this section will be deemed to have been received, if personally served, as of
the date and time of service, or if deposited in the mail as provided above, fo1ty-
eight ( 48) hours after deposit in the mail.
Signatures on Following Page
UTILITY AGREEMENT (Cont.) Page 9 of9
UTILITY AGREEMENT NO.
UK204650
SIGNATURE PAGE
TO
UTILITY AGREEMENT NO.
UK204650
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates below.
ORANGE COUNTY SANITATION
DISTRICT
APPROVED
' ArPROVED AS TO FORM:
Lewis Brisbois Bisgaard & Smith, LLP
By: ~s/4,:a OaireHervey o II ins v
Special Counsel
4849-3414-9962. I
56067585.vS
ORANGE COUNTY
TRANSPORTATION AUTHORITY,
a public entity
APPROVED
By:
rbfl-: Jun B
Executive Director,
Capital Programs
Date: fa /2c:v// '? 1 I
APPROVED AS TO FORM:
By:
Special Counsel
56067585.vS
Exhibit A
Relocation Claim Letters
m
OCTA
Do11no or omccro11s
Jeffrey I alloway
Clm1m~1n
I on Do11cl1.1k
Vic·ec:hmr
L1<,1 A &111011
O,wc.10,
J\11(/ff?1V[)o
D,re.;10,
M,chacl / lcml('ssry
O,rec/nr
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J•1r KM,1po<hs
01f('t/O,
r.,uy A Miller
Dtrocto,
/IIM111my
DuOCIOI
Sl~IIV/l NQISOII
0,rccto,
M,g,rc/ l'ttlido
/hro,.;tor
/1111Shaw
0111'<'.IOI
IO<Jd Sp.um
Oitoctor
M,c/lc/1~ ~I"'''
{),ret:'fl,)t
l11111lmt
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O,rcWll
llym1 Chn111hcdJ111
f:v ()1/K;/Q MM1IJP<
Cl I/ff [ X(CIJT/VC CJfflC[
0.1uo/l ,follrison
r:111el r,crn1,.o 011,rcr
March I 0, 2015
OCSD
10844 Ellis Avenue
Fountain Valley, CA 92708
Allcntion:
Subj ect:
Mr. Rudy Davila
Project Manager
1-405 Improvement Project (EA -OHIO00)
Relocation Claim Letter/Utility Connicls
Utility ID No. OCSDI 172
Dear Mr. Davila:
201;, MR 17 hM 10: 50
·:_h~~f 1
Recr.::rili '.\r 1is\
The Orange County Transportation Authority (OCTA) in cooperation with Ca It rans, proposes to
improve the Interstate 405 (1-405) from 1-605 to SR-73. The environmentally selected
alternative includes reconfiguration of interchanges, intersections widening the freeway fo r
general purpose lanes and re-striping various locations along the corridor. It is anticipated that
the environmental approval wi ll take place this summer while OCT/\ continues th e process of
advancing preliminary engineering for utilities.
Enclosed is one prcli111ina1y map covering OCSD conflict areas of the proposed 1-405 Project .
Your Company's faci lities are wi thin the proposed project area and may be affected by planned
construction. These plans arc for your use in:
(I) Verifying your ex isting fac ilities as shown on the plans
(2) Complet ing your Conceptual Preliminnry Relocation Plans
(3) Identifying related casement requirements
(4) Develop ing your claim of liabi lity
This is a freeway and all ri ghts or access wi 11 be restricted. If the OCTA is liable for any portion
of your relocation costs, and if a consulting engineer will prepare any of your plans, a copy or
the proposed agreement with your consu ltant must be furnished lo this office as soon as
possible. Employment of a consultant for a fee based on a percentage of the relocation cost is
not acceptable. If desired, an example of a typical consultant agreement, along with the
Certification of Consu ltant, will be furnished upon your request.
II is the intent of the project to replace property rights "in kind" to existing terms. If casements
arc requ ired to relocate your fac il ities, ple11sc delineate your needs on the plans. Thi s
information is necessary as soon as possible so your replacement easements can be planned for
by the OCTA along with other lands required for this project. You may submit your casement
requirements ahead of your ovcrnll conceptual preliminary relocation plans.
Please submit the following information for review so a Preliminary Draf'l Utility /\grcement
ca n be prepared:
0101190 Collnty /'ranspurta/1011 Author,ty
550 Sol/Ill Maul Street I P o. Box 1,118t/ I Orange I Ca/domm 92863-1584 I /714) 560-0CTA (6282)
Page 2
I. Two sets of your conceptual prcliminnry l'Clocnlion plans wilh related casement
requirements, if any, and any changes to lhe ex isting facilities as shown on the State's
preliminary plans.
2. The date your ex isling facilities were inslallcd .
3. Your occupancy righls for inslallalion:
A. Fee-owned land
B. Easemenl {recorded)
C. Easement (unrecorded)
D. Prescriptive right
E. Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA)
F. Franchise
G. State Permit
H. County Permit
I. City Permit
J. Joint Pole Agreement
K. Other (explain)
Please provide a copy of your documentation to suppo11 your occupancy rights claim for A, B,
C, D, or E above,
4. An itemized estimate of cos t for lhc preparation of yom concepllial preliminary
relocation design so a Design based utilily 11grccment can be prepared.
5. Your work will be performed by:
A. Own forces
B. Continuing contractor
C. Competilive bid contract
6. Your liability claim:
OCTA ____ % OCSD _____ %
The Project is currently scheduled for construction start in the summer of 2017.
Please submit your information to me by no later than April 10, 20 15. If yo u hav e any
questions or require additional information, please feel free lo conlacl me at (714) 560-5406.
Your Coopcralion is greally appreciated.
Sincerely, ~ ·
. Jos~ph Toolson
OCTA Project Manager
Enclosures: I) Conflict Map(s)
/-405 IMPROVEMENT PROJECT
ORANGE COUNTY TRANSPORTATION AUTHORITY
550 South Main Street, Orange, CA 92863
May 30, 20 17
Orange County Sanitation District
I 0844 Ell is A venue
Fountain Valley, CA 92708
Attention:
Subject:
Mr. Rudy Davila
Project Manager
1-405 Improvement Project (EA -OHl000)
Relocation Claim Letter/Utility Conflicts
m
OCTA
Utility ID No's: 1109, 1112. 1114, 1115, 1171, 1172, 1249, 4400, 4402, 4403, 4407,
4408,4650,6034,8097
Dear Mr. Davila:
The Orange County Transportation Authority (OCTA) has been working closely with your office to develop
a mea ns of addressing utilities potentially impacted by the proposed Interstate 405 from Interstate 605 to
State Route 73 (Prnject). In order to fac ilitate reviews of fac ilities owned by Orange County Sanitation
District (OCSD) which have the potential to be impacted or require protection from constrnction activity,
we are providing you with an additional Relocation Clai m letter which addresses fifteen (15) separate
facilities.
Enclosed arc preliminary maps covering these locations. These plans are for your use in:
(I) Verifying your existing fac ilities as shown on the plans
(2) Reviewing Prntection Plans as requ ired
(3) Identifying related casement requirements
For sewer systems within the Project area, it has been pre-determined by the Streets and Highways Code
that cost liab ility fa lls upon the Project for protection of sewer facilities as a result of highway construction.
Reviews and inspections may be requested by OCSD as a result of the Prnject which may include OCSD or
other support staff. If a consulting engineer is planned to be used to represent and support your efforts for
review of protection plans, a copy of the proposed agreement with your consultant is requested to be
furnished to this office as soon as possible.
Since this letter is being sent with regards to prntection of your facilities only, we do not anticipate any
property rights mod ifications.
We request that you investigate the fo llowing to support our efforts going forward:
I. Your occupancy rights for installation:
A. Fee-owned land
Easement (recorded)
Easement (unrecorded)
Prescriptive right
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
Joint Use Agreement (JUA) or Consent to Common Use Agreement (CCUA)
Franchise
State Permit
County Permit
Cily Permit
Joint Pole Agreement
Other (explain)
2. Source of how your work will be performed to support this agreemenl:
A. Own forces
B. Continuing contractor
C. Competitive bid contract.
3. Your liability claim for this protection work:
OCTA 100% OCSD
May 30, 2017
Page 2
0%
Design for the Project is currently scheduled to begin summer 2017 and construction will start in early
2018.
Please submit the information above as soon as available. If you have any questions or require additional
information, please feel free to contact .Joe Toolson at (714) 560-5406.
Your Cooperation is greatly appreciated.
Sinccrcl , --------~ ~ ~
Joe Gallardo ~ --~ ~<.
Manager Real Properly
Enclosures: Conflict Maps
cc: Jillian Gattuso, PMC
Kendall Zirkel, OCTA
Brent Scharnberg, Stadia Realty
~ ~
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Exhibit B
Insurance Provisions
EXHIBITB
Insurance Requirements
1. The Authority shall be the lead agency under the California Environment Quality
Act of 1970, California Public Resources Code § 21000 et seq. (CEQA), as amended, for the
Project.
2. The Authority shall award a construction contract for the Project to a contractor
appropriately registered and licensed to practice in the State of California, including with respect
to performance and implementation of the work ("Contractor").
3. The Authority shall be responsible for the award and administration and
performance of the contract, including supervising the implementation of the Project and the
Contractor's performance in accordance with the requirements, provisions and restrictions of the
contract. The Authority shall diligently proceed with the contract award and Project
commencement promptly following the execution of this Agreement.
4. The Authority shall incorporate within the contract documents for the Project a
requirement for the Contractor to obtain and keep in full force and effect throughout the life of
the Project, for the mutual benefit of the Sanitation District and the Authority, a policy or
policies of comprehensive, broad form, commercial general liability insurance written on ISO
from CG 00 01, or a substitute form providing liability coverage at least as broad in the amount
of $3,000,000 limit per occurrence with a $3,000,000 aggregate and automobile insurance
against claims and liabilities for activities of the Contractor in the amount of$1,000,000
(combined single limit per occurrence).
(A) The policy or policies will name the Sanitation District and their
respective elected and appointed officials, officers, agents and employees as additional insureds
using ISO form CG 2010 or CG 2033, or a form at least as broad and shall, additionally, contain
language providing for waiver of subrogation. The policy or policies will include a primary and
non-contributory endorsement using ISO form CG 20 0 I 04 13, or a form at least as broad,
evidencing that the policies are primary and noncontributing with any insurance or self-insurance
that may be carried by the Sanitation District or other third parties, and that said insurance may
not be canceled or materially changed except upon thirty (30) days written notice to the
Authority and the Sanitation District. The policy or policies shall include a Products and
Completed Operations endorsement using ISO form GC 2027 (ed. 10/01) or a form at least as
broad.
(B) The Authority shall also require that workers' compensation benefits are
secured by the Contractor as required by law, and provide an endorsement waiving all rights of
subrogation against the Parties to this Agreement with regard to any workers' compensation
claims, including any such claims against the Sanitation District.
(C) Prior to the issuance of the Notice to Proceed to the Contractor, the
Authority shall provide the Sanitation District with policies and endorsements naming the
4818-0017-799 I I
Sanitation District as an additional insured for the general liability and automobile liability
policies described above.
(D) In addition, the Authority shall require its Contractor to obtain pollution
liability insurance written on a claims-made or occurrence basis, that covers losses related to the
release or the threatened release of pollutants into the environment arising out of or resulting
from the Contractor's performance of the Project. The minimum limits of Pollution Liability
shall be $2 million per occurrence/$2 million policy aggregate. When this coverage is provided
under endorsement to the general liability policy, the $2 million per occurrence must be a
sub-limit. The pollution liability policy shall also contain an Additional Insured endorsement
and a primary and non-contributory endorsement naming the Parties to this Agreement.
(E) If the Contractor maintains higher limits than any minimums above, the
Sanitation District will be entitled to coverage for the higher limits maintained by the Contractor.
5. The Authority shall require that any and all labor and materials bonds and
performance bonds required to be supplied by the Contractor for the Project shall include the
Sanitation District as a named obligee, and Authority shall not release any bonds unless and until
the Authority has determined, and the Sanitation District has concurred in writing, that the
Modification has been successfully completed without damage or impact to Sanitation District
facilities or operations.
4818-0017-7991.1
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2252 Agenda Date:4/27/2022 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1, PROJECT NO. FE20-07
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Santa Ana Trunk Rehabilitation at
Plant No. 1, Project No. FE20-07;
B. Award a Construction Contract to Sancon Technologies, Inc. for Santa Ana Trunk
Rehabilitation at Plant No. 1, Project No. FE20-07, for an amount not to exceed $395,082; and
C. Approve a contingency of $79,016 (20%).
BACKGROUND
The Santa Ana Trunk, which carries sewage from the southern portion of Santa Ana and the northern
portion of Costa Mesa to Orange County Sanitation District (OC San) Plant No. 1, was originally
constructed in the early 1950s. The final 300-foot section of this sewer just west of the Santa Ana
River is constructed of unlined 48-inch diameter concrete pipe.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Maintain a proactive asset management program
PROBLEM
A condition assessment of this sewer and associated maintenance structures revealed severe
defects, including exposed aggregate and reinforcement steel in the pipeline, as well as exposed
aggregate and liner detachment in the maintenance structures.
Orange County Sanitation District Printed on 4/19/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2252 Agenda Date:4/27/2022 Agenda Item No:7.
PROPOSED SOLUTION
Award a construction contract for Santa Ana Trunk Rehabilitation at Plant No.1,Project No.FE20-
07.The project will install a cured-in-place liner in approximately 300 feet of trunk sewer and perform
rehabilitation of two maintenance structures at Plant No.1.To accommodate installation of the liner,
staff has determined that flows in the sewer can be completely diverted to a parallel sewer,so bypass
pumping will not be required.
The flow diversion must be coordinated with major shutdowns for Headworks Rehabilitation at Plant
No.1,Project No.P1-105.To avoid impacting this much larger construction project,the lining and
associated diversion must be conducted during the wet season.This coordination might require staff
to authorize changes on short notice.For that reason,staff is requesting a higher-than-usual
contingency of 20% of the contract value.
TIMING CONCERNS
The schedule driver for this project is to resolve the current deficiencies to reduce the risk of pipeline
failure.
RAMIFICATIONS OF NOT TAKING ACTION
Without this project, the pipeline is at risk of failure, which would cause a major sewage spill.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE20-07 for bids on January 11,2022 and one sealed bid was
received on March 1, 2022. A summary of the bid opening follows:
Engineer’s Estimate $345,000
Bidder Amount of Bid
Sancon Technologies, Inc.$ 395,082
The bid was evaluated in accordance with the OC San’s policies and procedures.A notice was sent
to all bidders on March 14,2022,informing them of the intent of OC San staff to recommend award
of the Construction Contract to Sancon Technologies, Inc.
The work includes installing large diameter pipe and manhole liners performed by specialty
contractors.Since there are limited contractors qualified to perform this work,OC San staff surveyed
prospective bidders prior to receiving bids,and four firms were expected to bid.After receipt of a
single bid,a post-bid survey was conducted.In the post-bid survey,potential bidders stated that due
to the unique nature of the work and overall market volatility,they were not able to secure pricing
from potential subcontractors.The one bid was from a contractor that will self-perform the
specialized work.
Orange County Sanitation District Printed on 4/19/2022Page 2 of 3
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File #:2022-2252 Agenda Date:4/27/2022 Agenda Item No:7.
The bid was 15%higher than the engineer’s estimate,which is within the accuracy of the engineer’s
estimate.For that reason,staff has concluded that the price is fair and reasonable.Resoliciting bids
would likely not significantly reduce the price and would require additional staff time and substantially
delay the repairs.
Staff recommends awarding a Construction Contract to the responsive and responsible bidder,
Sancon Technologies, Inc., for a total amount not to exceed $395,082.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
after OC San Board of Directors approval of the construction contract.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A
‑
8,Small Construction
Projects Program, Project No. M-FE) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
CF:jw
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C-CA-102621
PART A
CONTRACT AGREEMENT
C-CA-102621
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ....................................................................................... 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 22
SECTION – 20 ASSIGNMENT ................................................................................ 23
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 23
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 1 of 25
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE20-07
SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this April 27, 2022, by and
between Sancon Technologies, Inc., hereinafter referred to as “CONTRACTOR” and the
Orange County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 2 of 25
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 3 of 25
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 4 of 25
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE20-07
SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 5 of 25
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE20-07
SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within one hundred eighty (180) calendar days from
the date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or authorized
by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes ten (10) calendar days determined by OC SAN
likely to be inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 6 of 25
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents,
OC SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 7 of 25
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of Three Hundred Ninety Five Thousand
Eighty-Two Dollars ($395,082) as itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 8 of 25
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 9 of 25
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
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SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OC SAN 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 OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
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public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
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(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
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Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
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obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
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employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OC SAN in connection with the planning, development and construction of the Project.
In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages,
if applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
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extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of automobile
liability insurance on a comprehensive form covering all owned, non-owned, and
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hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage: combined single limit of One Million Dollars ($1,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OC SAN.
At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants,
and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
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C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
writing of any change in the terms of insurance, including reduction in coverage or
increase in deductible/SIR, within two (2) working days of receipt of such notice or
knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
general liability insurance and automobile liability insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
consultants, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OC SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, certificate of liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OC SAN with the above
referenced required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent
certificate of insurance form
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG 00 01
b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN
may reject alternatives that provide different or less coverage to OC SAN. c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation
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3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN
approval. b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above. 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OC SAN for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OC SAN, an equitable adjustment in the price provided for in this Contract shall be
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made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
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SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, California 92708-7018 Attn: Construction Manager
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 24 of 25
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Sancon Technologies, Inc. 5841 Engineer Drive Huntington Beach, CA 92649
Copy to: Chuck Parsons, President Sancon Technologies, Inc. 5841 Engineer Drive Huntington Beach, CA 92649
C-CA-102621 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 25 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Sancon Technologies, Inc.
5841 Engineer Drive
Huntington Beach, CA 92649
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 774055 (Expiration Date 01/31/2024)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________ John B. Withers Board Chairman
By______________________________ Date _________________ Kelly A. Lore Clerk of the Board
By______________________________ Date _________________
Ruth Zintzun Purchasing & Contracts Manager
C-EXA-062221
EXHIBIT A SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 5 of 8
acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and
agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to
resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that previously accepted;
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 6 of 8
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-062221 PROJECT NO. FE20-07 SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Sancon Technologies, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 – 2
0 ,_
Bid Submitted By: 2:11tvl•,J ( 6:'.il/\A1lo4 t!'i'S
(Name of Firm)
BF-14 SCHEDULE OF PRICES
A.
INSTRUCTIONS
General
For Unit Prices, ii is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OC SAN via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy In Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall Include all costs to complete the Work,
including profit. overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal. and any other special taxes, patent rights or
royalties shall be included In the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-122821
PROJECT NO. FE20-07
SANTAANA TRUNK REHABILITATION AT PLANT NO. 1
Page 1 of2
Bid Submitted By: s;.,..,,inJ ~c./-lNOW'116-S !we
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Extended Price
No. Measurement
1. Mobilization, initial progress payment for all
fees, labor, materials and equipment required
for mobilization, staging area, and surety Lump Sum $ 15,000
bonds, and other acitivities in conformance
with the Contract Documents, for a fixed
amount of:
2. Furnish all labor, materials and equipment
necessary for the completion of the Contract -Work, except for the Work specified for Bid Lump Sum $ 1E?Ot~
Item 1, in conformance with the Contract
Documents, for a lump sum price of:
TOTAL AMOUNT OF BID (BASIS OF AWARD)
BF-14 SCHEDULE OF PRICES C-BF-122821
PROJECT NO. FE20-07
SANTA ANA TRUNK REHABILITATION AT PLANT NO. 1
Page 2 of2
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2253 Agenda Date:4/27/2022 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1, PROJECT NO.
P1-126
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Professional Design Services Agreement with Black & Veatch Corporation to
provide engineering services for Primary Sedimentation Basins No. 3-5 Replacement at Plant
No. 1, Project No. P1-126, for an amount not to exceed $14,163,000; and
B. Approve a contingency of $1,416,300 (10%).
BACKGROUND
Primary treatment is the second of three liquid treatment steps at Orange County Sanitation District
(OC San) Plant No. 1. Primary treatment reduces wastewater suspended solids using large concrete
basins known as primary clarifiers or primary sedimentation basins.
Plant No. 1 includes two sets of primary clarifiers; a set of 26 rectangular clarifiers and a much older
set of three circular clarifiers constructed in the late 1950s and early 1960s. The rectangular clarifiers
have enough capacity for normal flows, but in the event of peak wet weather flows or when one side
the rectangular basins must be taken out of service for maintenance or condition assessments, the
circular basins are needed.
A concept study was performed in 2017 to assess the condition of the circular clarifiers and related
facilities and to identify recommended improvements. The study recommended replacing rather than
rehabilitating them.
RELEVANT STANDARDS
·Comply with California Government Code §4526: Select the “best qualified firm” and
“negotiate fair and equitable fees”
·Protect OC San assets
·24/7/365 treatment plant reliability
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2253 Agenda Date:4/27/2022 Agenda Item No:8.
PROBLEM
The circular primary clarifiers at Plant No.1 and many of their associated support facilities including
the primary odor control facility are nearing the end of their useful life.In fact,the circular clarifiers
were taken out of service in 2016 to repair mechanical equipment failures and pipe leaks.The
interim repairs have been performed and the current facilities are available for service until the new
systems are designed and construction of replacements begins.
PROPOSED SOLUTION
Approve a Professional Design Services Agreement for the Primary Sedimentation Basins No.3-5
Replacement at Plant No.1,Project No.P1-126.This project will replace the circular primary
clarifiers and associated support facilities including sludge pump stations,odor control,and effluent
conveyance.The requested professional engineering services are required to design the new
facilities.
TIMING CONCERNS
The existing facilities are near the end of their useful life.The facilities will become increasingly
unreliable as time passes.
RAMIFICATIONS OF NOT TAKING ACTION
If the basins are not available during a large wet weather event it would cause either a sewage spill
upstream or discharging untreated sewage to the ocean.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
OC San requested and advertised for proposals for Primary Sedimentation Basins No.3-5
Replacement at Plant No.1,Project No.P1-126,on October 12,2021.The following evaluation
criteria were described in the Request for Proposals and used to determine the most qualified
Consultant.
CRITERION WEIGHT
Project Understanding and Approach 40%
Related Project Experience 25%
Project Team and Staff Qualifications 35%
Three proposals were received on November 23,2021 and evaluated in accordance with the
evaluation process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team
consisting of OC San staff:one Project Manager,one Project Engineer,two Engineering
Supervisors,and one Engineering Manager.The Evaluation Team also included one non-votingOrange County Sanitation District Printed on 4/19/2022Page 2 of 4
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File #:2022-2253 Agenda Date:4/27/2022 Agenda Item No:8.
Supervisors,and one Engineering Manager.The Evaluation Team also included one non-voting
representative from the Contracts Administration Division.
The Evaluation Team scored the proposal on the established criteria as summarized in the table
below:
Firm Approach (Max 40)Related
Experience
(Max 25)
Team (Max
35)
Total Score
(Max 100)
1 Black & Veatch 34 22 30 86
2 Carollo Engineers, Inc.30 21 27 78
3 HDR Engineering, Inc.29 18 22 69
Based on this scoring,two Consultants were shortlisted for interviews on January 11,2022.
Following the interviews,each member of the Evaluation Team scored the Consultants based on
both the proposals and interviews using the evaluation criteria and weighting described above.
Based on the scoring shown below, Black & Veatch was selected as the most qualified Consultant.
Firm Approach (Max 40)Related
Experience
(Max 25)
Team (Max
35)
Total Score
(Max 100)
1 Black & Veatch 36 22 32 90
2 Carollo Engineers, Inc.30 21 29 80
Black &Veatch went beyond a general understanding of the Scope of Work and provided specific
examples of how the proposed team would efficiently approach unique design challenges of the
project.Additionally,the proposal showed that the firm has the appropriate experience,design team,
and a well-defined project execution plan with the key decisions needed during the Preliminary
Design Phase to start the design with a well-defined scope.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with OC San’s Purchasing
Ordinance,the fee proposal of only the highest-ranked firm was opened after approval by the
Director of Engineering of the Evaluation Committee’s recommendation.
Staff conducted negotiations with Black &Veatch to clarify the Scope of Work requirements,
assumptions used for the estimated level of effort,and the proposed approach to meet the goals and
objectives for the project.Although the consultant had a good understanding of the scope,the
proposed fee was higher than expected.Through multiple meetings,staff reached agreement on a
revised level of effort and reduced the fee to an acceptable level.The following table summarizes
how the estimated level of effort was revised through the negotiations process.
Original Fee
Proposal
Negotiated Fee
Total Hours 69,996 70,451
Total Fee $15,404,103 $14,163,000
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Original Fee
Proposal
Negotiated Fee
Total Hours 69,996 70,451
Total Fee $15,404,103 $14,163,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 5%,which is based on an established formula based on OC
San’s standard design agreements.Staff is requesting a 10 percent contingency to address
revisions as the project progress through preliminary and final design.
Based on the above,staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to Black & Veatch.
CEQA
This project is exempt from CEQA under the Class 2 categorical exemption set forth in California
Code of Regulations Section 15302.A Notice of Exemption will be filed with the OC Clerk-Recorder
after OC San Board of Directors approval of the Construction Contract.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-9,Primary
Sedimentation Basins No.3-5 Replacement at Plant No.1,Project No.P1-126)and the budget is
sufficient for the recommended action.Although the budget is sufficient for this action,staff plans to
request an increased budget for this project as part of the Fiscal Year 2022-23 and 2023-24 Budget.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Design Services Agreement
·Presentation
AB:jw
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PDSA PROJECT NO. P1-126
Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
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PROFESSIONAL DESIGN SERVICES AGREEMENT
This PROFESSIONAL DESIGN SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 27th day of April, 2022 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"), and
BLACK & VEATCH CORPORATION, (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT for Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1, Project No. P1-126; and to provide professional design services for new circular primary sedimentation basins, odor control facilities, and all ancillary facilities, (Services) 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, OC SAN has adopted procedures for the selection of professional design
services and has proceeded in accordance with said procedures to select CONSULTANT to perform the Services; and
WHEREAS, at its regular meeting on April 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to OC SAN’s Ordinance No. OC SAN-56 to approve this Agreement. 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 (Subconsultants). Where
approval by OC SAN 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 perform its work in accordance with professional engineering standards in effect for clarity, uniformity, and completeness. CONSULTANT shall respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations (i.e. DS1, DS2, DS3, and FDS).
PDSA PROJECT NO. P1-126
Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
Page 2 of 20
All comments shall be incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been
incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e. correct references, terms, capitalization or equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of OC SAN 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. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from
any other non-standard CAD format to OC SAN format shall not be acceptable in lieu of this requirement.
Electronic files shall conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of OC SAN.
Electronic files shall be subject to an acceptance period of 30 calendar days during which OC SAN 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 OC SAN. E. The CONSULTANT shall ensure that all plans and specifications prepared, or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source, and shall not
design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and specifications. Whenever the CONSULTANT
recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project. F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was
PDSA PROJECT NO. P1-126
Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
Page 3 of 20
disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN.
G. OC SAN shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT’s service; obtain or authorize the
CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others required for the performance of the CONSULTANT’s services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by OC SAN or others in performing the CONSULTANT’s services under this Agreement. H. CONSULTANT shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages or accidents, and (2) acts of God. Without limiting the above, while CONSULTANT has made reasonable efforts to incorporate into
its plan for the Project any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible nor liable for, unknown future changes due to the COVID-19 pandemic, including,
without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or client or CONSULTANT staff or others) to the extent they delay or otherwise impact the Project. In that event,
CONSULTANT will notify OC SAN and CONSULTANT shall be entitled to reasonable and equitable adjustment to the contract schedule and price to account for such impacts. The parties shall negotiate such changes in good faith to equitably address any such unexpected impacts. 2. COMPENSATION Total compensation shall be paid to CONSULTANT for the Services in accordance with the following provisions: A. Total Compensation
Total compensation shall be in an amount not to exceed Fourteen Million One Hundred Sixty-Three Thousand Dollars ($14,163,000). 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.
B. Labor As a portion of the total compensation to be paid to CONSULTANT, OC SAN 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 OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this project.
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Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
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C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee
Proposal.
The fringe and overhead rates in this Agreement are based on the 2020 financial audit report provided by CONSULTANT. CONSULTANT may request an adjustment of its fringe and overhead rates when CONSULTANT’s 2022 financial audit report is available. In that case, CONSULTANT shall provide the 2022 financial audit to OC SAN for validation. If agreed upon, the adjusted fringe and overhead rates shall be fixed for the remaining duration of the Agreement.
In the event CONSULTANT does not request an adjustment to the overhead rate, then the previously agreed to overhead rate shall apply for the duration of the Agreement.
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, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal. E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate Schedule and as specified in the Scope of Work. OC SAN 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.
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Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
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F. Direct Costs
OC SAN 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. OC SAN shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field
work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to Attachment “D” Allowable Direct Costs for payment
information. H. Reimbursable Direct Costs
OC SAN 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 OC SAN can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN.
Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN 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.
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Lodging – Overnight stays will not be approved by OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the
discretion of OC SAN 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 OC SAN.
Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN 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 OC SAN’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 OC SAN 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 OC SAN, 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 OC SAN. 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
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performed during the period covered by the statement, as may be required by OC SAN.
Upon approval of such payment request by OC SAN, 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 OC SAN 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 OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which ensures 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 OC SAN'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, OC SAN 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 OC SAN, 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 OC SAN a release of all claims against OC SAN 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 OC SAN 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
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to be presented to an officer or employee of OC SAN 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 OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record
or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the 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 Services, shall be the property of OC SAN. OC SAN’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. OC SAN 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
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Section shall apply whether the CONSULTANT’s 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 OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’
Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN 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 OC SAN 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 Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or 25 04), then aggregate limit may be equivalent to the per occurrence limit. Said insurance shall include coverage for the following hazards: premises-operations, products liability/completed operations (including any product manufactured or assembled), broad form property damage, contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, vicarious liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN 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
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submitted certificate of insurance. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible
clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing
work or rendering services on behalf of OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work (except Errors and Omissions/Professional Liability), CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise,
(b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
C. Umbrella Excess Liability The minimum limits of general liability and automobile 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 automobile liability. D. Automobile/Vehicle liability Insurance The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability
coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement.
E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to OC SAN. F. Workers’ 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 workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of
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OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California
Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones
Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than 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 OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less
than ten (10) days prior to the expiration of each policy term. H. Proof of Coverage
The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said certificates and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OC SAN before work commences. CONSULTANT shall provide the SANITATION DISTRICT with copies of its insurance certificates and amendatory endorsements affecting coverage. Confidential information may be redacted from said policies, provided that verification of coverage, name of carriers and agent/broker may not be redacted. Said policies and endorsements shall conform to the requirements herein stated.
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The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or other equivalent certificate of insurance form.
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 20 10 and CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide
different or less coverage to OC SAN.
• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for
OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of
subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, Vendor/Contractor is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below. I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance cancellation notice it receives or other knowledge of pending or actual insurance policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to notify OC SAN in writing of any change in the terms of insurance, including reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same. Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division J. Primary Insurance The general and automobile liability policies shall contain a Primary and “Non Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT.
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K. Separation of Insured
The general and automobile liability policies shall contain a “Separation of Insureds” clause.
L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require
approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN
guaranteeing payment of losses and related investigations, claim administration and defense expenses. OC SAN will not invoke the option expressed in this paragraph unless it has reasonable cause to question CONSULTANT’s financial
strength. N. Defense Costs The general and automobile liability policies (except Errors and Omissions/Professional Liability) shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above,
then OC SAN 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 Section 7.
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8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by OC SAN, 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 OC SAN, 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 OC SAN. 10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer. Such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and
all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the
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CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’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 OC SAN. 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 OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Attention: Wai Chan, Contracts Administrator Copy: Andrew Brown, Project Manager Notices shall be mailed to CONSULTANT at:
BLACK & VEATCH CORPORATION 550 S. Hope Street, Suite 2250 Los Angeles, CA 90071 Attention: James H. Clark, Senior Vice President All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION
OC SAN 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 OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES.
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15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN. 16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208). 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this
document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
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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, OC SAN informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by OC SAN, 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 OC SAN,
which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’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 OC SAN’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.
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CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN 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. CONSULTANT PERFORMANCE
The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together
with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the
PDSA PROJECT NO. P1-126
Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
Page 19 of 20
Agreement, OC SAN 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, OC SAN 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 OC SAN.
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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 27. OPINIONS OF COST OC SAN acknowledges that construction estimates, financial analyses and feasibility
projections are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. OC SAN acknowledges that such influences may
not be precisely forecasted and are beyond the control of CONSULTANT and that actual costs incurred may vary substantially from the estimates prepared by CONSULTANT. CONSULTANT does not warrant or guarantee the accuracy of construction or
development cost estimates.
28. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
PDSA PROJECT NO. P1-126
Revised 062821 PRIMARY SEDIMENTATION BASINS NO. 3-5 REPLACEMENT AT PLANT NO. 1
Page 20 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above.
BLACK & VEATCH CORPORATION
By __________________________________________________ Date
__________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________
John B. Withers Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment “A” Scope of Work Attachment “B” Labor Hour Matrix Attachment “C” Not Attached Attachment “D” Allowable Direct Costs Attachment “E” Fee Proposal Attachment “F” Not Used Attachment “G” Not Attached
Attachment “H” Not Used Attachment “I” Cost Matrix and Summary Attachment “J” Not Attached
Attachment “K” Minor Subconsultant Hourly Rate Schedule Attachment “L” Contractor Safety Standards Attachment “M” Iran Contracting Act Verification
WC:yp
ATTACHMENT “A”
SCOPE OF WORK
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ATTACHMENT "A"
SCOPE OF WORK
Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1
Project No. P1-126
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TABLE OF CONTENTS
1. PROJECT REQUIREMENTS ................................................................................................................ 5
SUMMARY...................................................................................................................... 5
1.0.1 Professional Design Engineering Services ............................................................ 5
1.0.2 Professional Licensing requirements ..................................................................... 5
BACKGROUND .............................................................................................................. 5
GENERAL PROJECT DESCRIPTION ....................................................................... 5
PROJECT EXECUTION PHASES............................................................................... 6
DESCRIPTION OF PROJECT ELEMENTS .............................................................. 6
1.4.1 PROJECT ELEMENT 1 – DEMOLITION .......................................................... 6
1.4.2 PROJECT ELEMENT 2 – PRIMARY CLARIFIERS 3, 4, and 5 ........................ 8
1.4.3 PROJECT ELEMENT 3 – ODOR TREATMENT SYSTEM .............................. 9
1.4.4 PROJECT ELEMENT 4 – PRIMARY METERING STRUCTURES .............. 10
1.4.5 PROJECT ELEMENT 5 – ELECTRICAL IMPROVEMENTS ......................... 10
1.4.6 PROJECT ELEMENT 6 – YARD PIPING ........................................................ 12
1.4.7 PROJECT ELEMENT 7 – UTILITIES & MISCELLANEOUS ITEMS ........... 13
1.4.8 Temporary Facilities During Construction .......................................................... 13
1.4.9 Coordination with Other Projects ........................................................................ 13
DESIGN CONSIDERATIONS .................................................................................... 14
1.5.1 Technology and configuration choices ................................................................ 14
1.5.2 Design Decisions ................................................................................................. 15
1.5.3 Design Selection Criteria..................................................................................... 15
1.5.4 Project Element Description Revisions ............................................................... 15
1.5.5 Cost Model .......................................................................................................... 15
PROJECT SCHEDULE ............................................................................................... 15
1.6.1 General ................................................................................................................ 15
2. PHASE 2 – PRELIMINARY DESIGN .................................................................................................. 16
Preliminary Design Execution ...................................................................................... 17
2.0.1 Preliminary Design Decision Plan (PDDP) ......................................................... 17
Preliminary Design Production .................................................................................... 17
2.1.1 General ................................................................................................................ 17
2.1.2 Design Memos ..................................................................................................... 17
2.1.3 Project Specific Design Memos .......................................................................... 20
2.1.4 Preliminary Design Drawings ............................................................................. 20
2.1.5 Preliminary Design Report (PDR) Production, Contents and Organization ....... 20
2.1.6 Preliminary Design Cost Estimate ...................................................................... 21
Preliminary Design Activities ....................................................................................... 21
2.2.1 Plant No. 1 Hydraulic Model Update .................................................................. 21
2.2.2 Condition Assessment ......................................................................................... 23
2.2.3 Primary Odor Scrubber Complex Condition Assessment ................................... 23
2.2.4 Primary Odor Scrubber Complex Rehabilitation and Replacement .................... 24
2.2.5 Primary Effluent Pipeline Configurations ........................................................... 24
2.2.6 Primary Metering Structure ................................................................................. 24
2.2.7 Easements, Property Boundaries and Work Area Limits .................................... 25
2.2.8 Topographic Survey ............................................................................................ 25
2.2.9 Geotechnical Investigation .................................................................................. 25
2.2.10 Utility Investigation ............................................................................................. 26
2.2.11 Fire Protection Services....................................................................................... 29
1.0
1.1
l.2
].3
1.4
1.5
].6
2.0
2.1
2.2
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2.2.12 Electrical Load Measurements ............................................................................ 29
2.2.13 Value Engineering Assistance ............................................................................. 30
2.2.14 Environmental Documentation ............................................................................ 31
2.2.15 Permitting Assistance .......................................................................................... 31
2.2.16 Project Management ............................................................................................ 33
2.2.17 Risk Management ................................................................................................ 34
2.2.18 Quality Control .................................................................................................... 35
PDR Workshops and Meetings .................................................................................... 35
2.3.1 General ................................................................................................................ 35
2.3.2 PDR Production Workshops ............................................................................... 35
2.3.3 Design memo Workshops ................................................................................... 36
2.3.4 Project Specific Design Memo Workshops ......................................................... 36
2.3.5 PDR Review Workshops ..................................................................................... 37
2.3.6 Equipment and Process Redundancy Workshop ................................................. 37
2.3.7 Maintainability Workshops ................................................................................. 38
2.3.8 PDR Constructability Workshop ......................................................................... 39
2.3.9 Technical Progress Meetings............................................................................... 39
2.3.10 Focused Meetings ................................................................................................ 39
2.3.11 Coordination with Other Projects Meetings ........................................................ 40
2.3.12 Stormwater Compliance Meeting ........................................................................ 41
3. PHASE 3 – DESIGN ............................................................................................................................ 41
Bid Documents ............................................................................................................... 41
3.0.1 General ................................................................................................................ 41
3.0.2 Engineering Design Guideline Updates .............................................................. 41
3.0.3 General Requirements and Additional General Requirements ............................ 41
3.0.4 Design submittals ................................................................................................ 42
3.0.5 Cable and Conduit Schedule ............................................................................... 42
3.0.6 Commissioning Plan Materials ........................................................................... 42
3.0.7 Equipment and Instrumentation Database (EID) ................................................ 43
3.0.8 SCADA Administration Tool (SAT) .................................................................. 43
3.0.9 Construction Submittal Items List ....................................................................... 43
3.0.10 Temporary Facilities During Contruction ........................................................... 44
Design Support Documentation ................................................................................... 44
3.1.1 Design Submittal Support Documentation .......................................................... 44
3.1.2 Construction Cost Estimate ................................................................................. 45
3.1.3 Construction Schedule ......................................................................................... 45
3.1.4 Procurement Alternatives .................................................................................... 46
Design Activities ............................................................................................................ 46
3.2.1 Easements, Property Boundaries and Work Area Limits .................................... 46
3.2.2 Topographic Survey ............................................................................................ 46
3.2.3 Geotechnical Baseline Report ............................................................................. 46
3.2.4 Utility Investigation ............................................................................................. 47
3.2.5 Fire Protection Services....................................................................................... 47
3.2.6 Noise Evaluation Services ................................................................................... 47
3.2.7 Environmental Documentation ............................................................................ 47
3.2.8 Permitting assistance ........................................................................................... 47
3.2.9 Project Management ............................................................................................ 48
3.2.10 Risk Management ................................................................................................ 48
3.2.11 Quality Control .................................................................................................... 48
Design Workshops and Meetings ................................................................................. 48
2.3
3.0
3.1
3.2
3.3
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3.3.1 General ................................................................................................................ 48
3.3.2 Design Phase Workshops .................................................................................... 48
3.3.3 Pre-DS2 Constructability Workshop ................................................................... 49
3.3.4 Design Phase Meetings ....................................................................................... 50
3.3.5 Consultant Office Technical Meetings (COTMs) ............................................... 52
3.3.6 Coordination with Other Projects Meetings ........................................................ 52
3.3.7 Commissioning Team Meetings .......................................................................... 53
3.3.8 Safety and Risk Meeting ..................................................................................... 53
3.3.9 Construction Submittal Items List Meeting ........................................................ 54
3.3.10 Stormwater Compliance Meeting ........................................................................ 54
Bid Phase Support Services .......................................................................................... 54
3.4.1 Bid Phase Support Services ................................................................................. 54
3.4.2 Bid Evaluation Assistance ................................................................................... 54
3.4.3 Conformed Document Preparation ...................................................................... 54
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ..................................................... 54
5. PHASE 5 – COMMISSIONING SERVICES ........................................................................................ 54
6. PHASE 6 – CLOSE OUT .................................................................................................................... 54
7. GENERAL REQUIREMENTS ............................................................................................................. 54
GENERAL ..................................................................................................................... 54
7.0.1 OC San Engineering Design Guidelines and Strategic Plan ............................... 54
7.0.2 Project Phases and Tasks ..................................................................................... 55
7.0.3 Construction Sequencing and Constraints ........................................................... 55
7.0.4 Working Hours .................................................................................................... 55
7.0.5 Standard Drawings and Typical Details .............................................................. 56
7.0.6 Software .............................................................................................................. 56
7.0.7 Submittal Review using Bluebeam ..................................................................... 56
7.0.8 Word Track Changes ........................................................................................... 56
7.0.9 GIS Submittals .................................................................................................... 56
7.0.10 PMWeb Procedures ............................................................................................. 57
8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES .................................. 58
ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN GUIDELINES
– GENERAL REQUIREMENTS” ........................................................................................... 58
8.0.1 SECTION 1.2.15 “mISCELLANEOUS REQUIREMENTS” ............................ 58
8.0.2 ENGINEERING DESIGN GUIDELINES CHAPTER 06, “MECHANICAL
DESIGN” ........................................................................................................................ 59
8.0.3 NOT USED ......................................................................................................... 59
8.0.4 ENGINEERING DESIGN GUIDELINES, CHAPTER 11,
“INSTRUMENTATION AND CONTROL” .................................................................. 60
9. STAFF ASSISTANCE ......................................................................................................................... 60
10. EXHIBITS ............................................................................................................................................ 60
3.4
7.0
8.0
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1. PROJECT REQUIREMENTS
SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A. Provide professional design engineering services for the project as described herein.
1. Preliminary Design Report
2. Environmental documentation services
3. Permitting assistance
4. Preparation of bid documents
1.0.2 PROFESSIONAL LICENSING REQUIREMENTS
A. All plans and specifications shall be prepared by a professional engineer licensed in the
State of California of the associated discipline.
B. CONSULTANT shall secure the services of a Professional Architect licensed in the
State of California to determine the architectural requirements, develop and prepare
preliminary design documents, and prepare final plans and specifications.
C. CONSULTANT shall secure the services of a Professional Fire Protection Engineer
licensed in the State of California to determine fire protection requirements, develop and
prepare preliminary design documents, and prepare final plans and specifications.
BACKGROUND
There are various primary treatment facilities at Plant 1, the oldest being the three circular primary
clarifiers. These facilities were constructed around the early 1960’s by projects P1-1 and P1-11 and are
nearing the end of their useful life.
A concept study was performed in 2017 to assess the condition of the east side primary treatment
facilities and identify recommended improvements. The study concluded the best alternative is to replace
the primary clarifiers in-kind, only at a higher elevation to allow for the abandonment of the Primary
Effluent Pump Station (PEPS).
A subsequent study, PS19-02, also evaluated the facilities to understand if P1-126 could take a phased
approach to construction to allow for some amount of treatment capacity to be available from the circular
primary clarifiers. The conclusion of this study was that, while possible, a phased approach is not
preferred.
GENERAL PROJECT DESCRIPTION
The primary purpose of this project is to replace Primary Clarifiers 3, 4, and 5 (circular) at Plant 1, which
are nearing the end of their useful life. The replacement clarifiers will renew the useful life of this process
area, providing necessary treatment capacity and flexibility. The project will also replace all ancillary
facilities necessary for the operation of the clarifiers, such as electrical facilities, yard piping, and utilities.
The project will also demolish the old control center and primary clarifiers 1 and 2. The project includes
the replacement of the primary scrubber facility with a new facility adequate to treat odors from Primary
Clarifiers 3-31 (circular and rectangular). Figure 1 shows the general boundary of the project. Exhibit 19
Plant No. 1 Hydraulic Map shows structures and pipelines referenced in this scope of work and provides
an overview of the general hydraulic layout.
1.0
1.1
1.2
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Figure 1 – Project P1-126 Boundary
PROJECT EXECUTION PHASES
All OC San projects are divided into six phases. CONSULTANT shall provide engineering services for all
Project Elements listed in this Scope of Work for the following Phases:
Phase 1 – Project Development (Not in this Scope of Work)
Phase 2 – Preliminary Design
Phase 3 – Design
Phase 4 – Construction (Not in this Scope of Work)
Phase 5 – Commissioning (Not in this Scope of Work)
Phase 6 – Close Out (Not in this Scope of Work)
DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.4.1 PROJECT ELEMENT 1 – DEMOLITION
1.3
1.4
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A. The construction of Primary Clarifiers 3, 4, and 5 will require the demolition of certain
existing facilities that include, but may not be limited to, the following (reference Exhibit 19 Plant
No. 1 Hydraulic Map for location of these structures):
1. Primary clarifier 3-5 structures and associated mechanical and electrical equipment
including:
a. Sludge/scum pump room for Primary Clarifiers 3 and 4
b. Electrical room for Primary Clarifiers 3 and 4
c. Sludge/scum pump room for Primary Clarifier 5
d. Electrical room for Primary Clarifier 1, 2 and 5
2. Influent structure JS-A from Headworks 1, if required to replace influent piping
3. Eastside Basin Distribution Box (EBDB)
4. Primary Effluent Diversion Box 1 (PEDB-1)
5. Primary Effluent Pump Station (PEPS) equipment
6. Primary Effluent Junction Box (PEJB) if the facility cannot accommodate the future
hydraulic conditions
7. Effluent structures JB-B, JB-C, JB-5, JB-4, and primary effluent piping between these
structures and PEPS as required to facilitate construction of new piping and for hydraulic
improvements
8. 42-inch primary influent pipes from EBDB to each clarifier
9. All effluent piping between the clarifiers and PEPS including:
a. 42-inch to 54-inch pipes from each clarifier to PEJB
b. 48-inch and 60-inch pipes from PEJB to PEDB-1
c. 60-inch pipe from PEDB-1 to PEPS
10. Plant utilities within the construction area as required to facilitate demolition and
construction of the major facilities including but not limited to water, air, natural gas, and
drains. Relocation of utilities are covered by Project Element 7 Utilities and Miscellaneous
Items.
11. Primary Odor Control Facility including foul air piping, scrubbers, fans, and chemical
equipment
B. Demolition of additional structures not directly related to the replacement of Primary
Clarifiers 3, 4 and 5 and the primary odor control system include:
1. Primary Clarifiers 1 and 2
2. Old Control Center Building
3. Power Building 4 electrical equipment and standby generator as described in Project
Element 5
C. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. Foul air piping for Primary Clarifiers 3 and 4 will be demolished or abandoned,
whichever is more practical, and replaced in entirety. Foul air piping for Primary
Clarifiers 6-31 will only be demolished and replaced to the extent required to facilitate
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construction of and connection to the new Primary Odor Control Facility. Primary odor
control treatment capacity must be maintained during construction of this project.
b. Tunnels 12 and 14 must be protected in place except for the portion of Tunnel
12 between Tunnel 14 and the Primary Clarifiers 3 and 4 pump room.
c. All other existing tunnels will be protected in place.
d. Demolition of the PEPS facility will include only the mechanical, piping,
associated electrical, and ancillary support equipment. The building will be protected in
place because it is shared with Blower Building 1.
e. Cengen catalytic converters (Project J-111) are supported by the south wall of
primary clarifiers 1-2. The catalytic converters must be protected in place.
f. Plant radio tower adjacent to the Old Control Center must be relocated to
facilitate demolition of the Old Control Center.
1.4.2 PROJECT ELEMENT 2 – PRIMARY CLARIFIERS 3, 4, AND 5
A. Replacement of the three existing circular primary clarifiers (3, 4, and 5) is required per
Alternative 2 of the Concept Report. The clarifiers will be replaced in-kind, approximately in the
same locations, with the same treatment and hydraulic capacity, but with a higher operating
elevation to allow for gravity flow to Activated Sludge Plant 1 (AS-1). All mechanical and
electrical support facilities including sludge and scum pump rooms, electrical rooms, ventilation
systems and piping, drain systems, utility systems, piping, cables, and conduit will be replaced.
The clarifiers will have sludge blanket analyzers, sludge density meters, weir washing system,
and a tank washing system. Primary sludge will be conveyed through a new 12-inch primary
sludge line (PS3) from the new clarifiers through Tunnels 12, 13, and 9 to the digesters and
along East Perimeter Road to the thickening process.
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. Demolition and replacement of all three clarifiers will occur concurrently. Phased
clarifier construction was evaluated under PS19-02 and is not preferred (see Exhibit 19).
However, completion of effluent structures between PEJB and AS-1 may be required as
early completion milestones in order to improve wet weather flow conveyance from
Primary Clarifiers 6-31 to the secondary process prior to completion of the clarifiers and
the influent piping.
b. The clarifiers will have flat covers, with the same functionality as the aluminum
covers designed for the P2-98A project with at least 80% of cover panels hinged to allow
visual observation of the water surface. The covers may require a sole source
procurement. Drawings of the P2-98A covers are included in Exhibit 19.
c. The new basins will be designed at a higher hydraulic grade to allow for the
elimination of the downstream PEPS. The new hydraulic grade will also allow for greater
flexibility to manage flow between the eastside and westside clarifiers, and for primary
effluent flow routing between AS-1, AS-2, and the Trickling Filters under various flow
conditions.
d. Primary Clarifiers 3 and 4 are currently served by a common pump room and
electrical room. Primary clarifier 5 is served by its own pump room and electrical room
which also serves existing Primary Clarifiers 1 and 2. Two separate pump rooms and
two separate electrical rooms are required to serve the three clarifiers due to their
location and Tunnels 12 and 14.
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e. New arc-rated motor control centers, RIO panels, PLC, network equipment, field
control panels, and associated power distribution equipment will be housed in the new
electrical rooms. All existing cables, conduits, and instrumentation will be replaced.
f. The existing PS1 and PS2 pipelines will also serve Primary Clarifiers 3-5,
however the new PS3 pipeline will convey primary sludge only from the Primary
Clarifiers 3-5. The new PS3 pipeline will connect to the sludge blend tanks at the
Thickening and Dewatering facility and the digesters. Connections at the digesters will
be on the PS1/PS2 header or in the TWAS connection. No new digester penetrations
are required. The alignment of the PS3 pipeline will be along the same general
alignment as the existing PS1/PS2 pipelines through Tunnels 12, 13, 9 and along the
pipe rack on East Perimeter Road. Modifications to the existing pipe racks will be
required to accommodate the new pipeline. Drawings of the pipe rack on East Perimeter
Road are included in Exhibit 19.
g. Analysis of the clarifiers includes identifying the maximum allowable treatment
capacity of the new clarifiers beyond the existing capacity. Identifying the maximum
recommended clarifier capacity shall be limited to a review of industry accepted practice
and CONSULTANT experience. Recommendations will be presented for clarifier
improvements to maximize capacity (e.g. sidewater depth, perimeter baffles, or center
feedwell baffles). Additional analysis including, but not limited to, CFD modeling of the
clarifiers is not included in this effort.
1.4.3 PROJECT ELEMENT 3 – ODOR TREATMENT SYSTEM
A. Foul air from the existing Primary Clarifiers 1-5, Primary Clarifiers 6-31, and EBDB is
currently treated at the Primary Odor Scrubber Complex for hydrogen sulfide (H2S). Foul air
from three 48-inch pipes from the westside clarifiers (Primary Clarifiers 6-31) and two 48-inch
pipes from the eastside clarifiers (Primary Clarifiers 1-5) currently combine in a common header
at the Primary Odor Scrubber Complex and is fed into four chemical scrubbers operating in a
three duty, one standby configuration. However, currently all four scrubbers are needed to be in
operation to serve Primary Clarifiers 6-31. Four, two-speed blowers convey approximately
120,000 cfm of combined foul air from all the primary clarifiers. Odor is treated using caustic,
bleach, and muriatic acid chemical feeds based on monitored hydrogen sulfide levels.
B. The existing Primary Odor Scrubber Complex does not have sufficient capacity to
provide the required air exchanges per hour to all of the eastside and westside primary clarifiers
and is at the end of its useful life. A new, single Primary Odor Scrubber Complex serving
Primary Clarifiers 6-31, Primary Clarifiers 3-5, and the EBDB will be constructed to replace the
existing facility. The new facility will provide treatment of hydrogen sulfide (H2S) and methyl
mercaptan odor compounds and will be designed to meet SCAQMD permit requirements for H2S
removal.
C. The new Primary Odor Scrubber Complex will also include caustic storage, pumping,
and piping facilities to provide chemical dosing to the Trickling Filter wetwell for the purposes of
pH adjustment for snail control. New pH meters will be required at the Trickling Filters to
measure and control the caustic dosing. Currently, dosing is performed manually at the Tricking
Filters by lifting totes to the top of the wet well and feeding with a hose.
D. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. The location of the new Primary Odor Scrubber Complex will be determined
during Preliminary Design. For design level of effort, assume the location will be in the
area of the existing parking lot directly west of the existing Primary Scrubber Complex
such that the existing facility may remain in service while the new facilities are
constructed.
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b. New foul air ventilation ductwork from the westside clarifiers to the Primary
Scrubber Complex will only be replaced to the extents required to make the connections
to the new Primary Scrubber Complex.
c. For design level of effort, assume dual stage chemical scrubbers as the basis
for design.
1.4.4 PROJECT ELEMENT 4 – PRIMARY METERING STRUCTURES
A. The existing primary influent structure consists a confined-space vault structure north of
the existing Headworks 1 and Grit Chamber facilities with an insertion-type flowmeter on each of
the three primary influent pipelines. The meters have been unreliable and are difficult to access
for maintenance. Currently, there is no flow to the eastside clarifiers but Primary Clarifiers 3 and
4 may be placed in operation in the near future until the facilities are demolished. Flow to the
westside clarifiers is calculated based on the sum of influent meters at headworks as well as
additional side stream flows.
B. In order to operate the new eastside clarifiers, reliable flow measurement is required on
the 72-inch primary influent pipe. This project will address the need for flow measurement to the
eastside clarifiers by replacing the flowmeter for the 72-inch primary influent pipe and providing a
new vault structure for maintenance access. The vault structure will include ventilation and
stairway access to eliminate the need for a confined space permit for maintenance.
C. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. Replacement of the flowmeters on the two, 90-inch primary influent pipes is not
part of the scope of work.
b. Additional flow metering may be required for flow control across the eastside
and westside clarifier trains. For design level of effort, assume one flow metering
structure will be required for metering of primary effluent flow on the new primary
effluent pipeline.
1.4.5 PROJECT ELEMENT 5 – ELECTRICAL IMPROVEMENTS
A. Power Building 4 (PB-4) provides power to the Control Center, Lab, Chiller Building,
Vehicle Maintenance Building, Waste Side Stream Pump Station, Shops, and the Primary Odor
Scrubber Complex. The following improvements will be required for PB-4:
1. All existing motor control centers and 12kV load interrupter switches in PB-4 will be
replaced with new 12kV load interrupter switches (one for each 12kV feed and no tie), 480V
switchgear with an automatic transfer scheme, motor control centers, and lighting
transformer and panelboard. Required new equipment and associated appurtenances, such
as battery systems for switchgear control, shall also be provided. Air conditioning will be
added to the PB-4 generator room. The existing oil-filled transformers and associated high
resistance grounding equipment will They be re-used and tied in to the new equipment. The
high resistance grounding equipment shall be relocated as required. Electrical SCADA shall
be provided per OC San design guidelines.
2. The existing standby power generator which serves PB-4 fed loads, will be demolished
and standby power for PB-4 will be provided through a new connection to the standby power
generator in Power Building 8 (PB-8) upon confirmation of adequate spare capacity.
3. Seismic retrofits will be added to the building roof and louvers as identified by PS15-06
to meet current California Building Code (CBC) requirements.
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B. PB-7 provides power to the primary polymer facility, Primary Clarifiers 6-31, and Primary
Clarifiers 3-5. The following improvements will be required for PB-7:
1. Provide new power feeds to the new MCCs associated with new Primary Clarifiers 3-5
and the Primary Odor Scrubber Complex. The original PB-7 design accounted for the
existing Primary Odor Scrubber Complex loads and included two motor control centers
(MCC-SA and MCC-SB) that were never used and it is unclear if conduits were ever
installed. These MCCs will be replaced with new MCCs within PB-7 that will provide power
to the new Primary Odor Scrubber Complex.
C. PB-8 provides power to the trickling filters. The following improvements will be required
for PB-8:
1. Provide standby power feeds to the new PB-4 480V switchgear. The required
modifications to existing PB-8 (electrical and controls) will be performed to accommodate the
new power feeds.
D. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. New 480V switchgear in PB4 will be double-ended switchgear with an
automated transfer scheme. Normal power and standby power sources will be
connected to the new switchgear based on OC San design guidelines.
b. All equipment associated with the PB-4 generator, including batteries, control
panels, day tank, underground storage tank, wiring, piping and associated
appurtenances no longer utilized will be demolished.
c. Relocation of the switchgear in PB-4 will require associated HMI to be relocated
as well. Associated PLC and network equipment will be added and relocated as
necessary.
d. Existing feeds to Control Center, Lab, Chiller Building, Vehicle Maintenance
Building, Waste Side Stream Pump Station, and Shops, which are presently fed from
MCCs-SP and MCC-R, will be re-fed from the new 480V switchgear.
e. New 12kV power distribution will be via new LI switches located in PB-4.
f. New switchgears and MCCs will be arc-rated with the required arc blast exhaust
ducting. Arc-blast ductwork from arc-resistant low voltage switchgear and MCCs will
exhaust inside the room as permitted by manufacturer’s space requirements. Arc-blast
ductwork from arc-resistant medium voltage switchgear will be routed out of the building
and/or electrical rooms to locations that are deemed safe for personnel and avoid
hazardous conditions.
g. Existing cables and conduit associated with the demolished MCCs and
switchgears will be replaced.
h. The new Odor Scrubber Complex will be fed from PB-7 upon confirmation of
adequate spare capacity in the normal and standby modes of operation.
i. The J-47 Cable Tray Improvements at Plant No. 1 Study identified existing
electrical and structural cable tray deficiencies in the Plant No. 1 primary clarifiers area.
For design level of effort, assume that the existing deficient cable trays will be utilized
and modified by this project in all areas except the basement of Power Building 4 and
that the deficiencies identified by Project J-47 will need to be corrected by this project for
the impacted cable trays. Reference Exhibit 26 for details.
j. Seismic retrofits required for PB-4 will be those identified by PS15-06 (listed below)
to mitigate incomplete load path at the north side of the high roof diaphragm.
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(1) Provide concentric x-braced frames at 4 existing 8 ft by 5 ft louvers.
(2) Provide steel framed blocking at the roof level welded to the roof deck. Provide
a new steel member sill anchored to the top of the existing masonry wall with
epoxy anchors.
1.4.6 PROJECT ELEMENT 6 – YARD PIPING
A. Yard piping includes the following:
1. Distribution boxes and junction structures required for primary influent and effluent flow
conveyance including the EBDB, PEJB, PEDB 1, and PEJB-1.
2. Overflow piping from distribution boxes and junction structures listed above.
3. All primary influent piping from existing Primary Influent Metering Structure to eastside
clarifiers.
4. All primary effluent piping from the eastside clarifiers to AS-1 and secondary effluent
piping from Trickling Filters to AS-1.
5. Cengen cooling water discharge piping into PEDB-1 and the Dissolved Air Flotation
Thickeners (DAFT) underflow discharge into PEPS which may need to be relocated to
facilitate the demolition of PEPS.
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. All piping, including the primary effluent piping connection to AS-1, will be
replaced and not rehabilitated.
b. The PEJB may be adequate to handle the increased hydraulic head from raising
Primary Clarifiers 3-5. However, the CONSULTANT should assume the structure is
requires replacement to accommodate the new piping connections between the
clarifiers, Trickling Filters, and PEDB-1.
c. New effluent structures must provide for flow control of primary effluent from
Primary Clarifiers 3-5 to AS-1 and to the Trickling Filters. Additionally, new effluent
structures and piping must allow primary effluent from the eastside of Primary Clarifiers
6-31 to be conveyed to AS-1 by flowing past the Trickling Filters and directly into the AS-
1 influent box from the east side. The primary effluent piping to AS-1 will require
replacement of JB-B and JB-C. The existing connection from the Trickling Filter effluent
box to AS-1 will discharge to new PEDB-1 overflow because the effluent weir is lower
than the AS-1 influent weirs.
d. For design level of effort, CONSULTANT shall perform analysis to determine if
DAFT underflows, Cengen Cooling and associated drainage in that part of the plant can
be redirected by gravity to AS-1 or by gravity to the plant drain system tributary to the
sidestream waste pump station. If determined feasible, effort includes development of a
recommendation and design. Design of a lift station solution or modifications to existing
sump pump pumping/piping is not included.
e. Replacement of the primary effluent piping connection to AS-1 will require
relocation of the transformers for the blower building and PEPS as well as the CNG
facilities.
f. Improvements to the westside clarifiers and primary effluent structures are not
included in this scope.
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g. The connection into AS-1 will terminate upstream of the AS-1 eastside influent
flowmeter isolation valve.
1.4.7 PROJECT ELEMENT 7 – UTILITIES & MISCELLANEOUS ITEMS
A. Utility system connections required for the new eastside clarifier facilities include:
1. Electrical power distribution and controls
2. Water, air, and drains
3. Chemical feed piping from existing Primary Polymer Facility
4. HVAC, fire alarm, fiber and communications, telephone, public address system, access
control and security cameras
5. Utility relocations required for construction of the new facilities
6. New Primary Sludge pipeline (PS 3) from Primary Clarifiers 3-5 to solids process
through Tunnels 12, 13, and 9
7. Tunnel 12 modifications
8. Grading, paving, and storm water drainage
The project boundary in Figure 1 shows the general extents of utility systems.
1.4.8 TEMPORARY FACILITIES DURING CONSTRUCTION
A. In certain cases, construction sequencing constraints may require the contractor to construct
a temporary facility to be used during a certain portion of the construction period.
CONSULTANT shall identify in what instances such facilities are required or reasonably
warranted and present those instances with implementation plans and construction sequencing
constraints to OC San for consideration. When such facilities are found to be either required or
reasonably warranted, CONSULTANT shall provide sufficiently detailed drawings and
specifications to be included in the Bid Documents that bidders understand what is required to
provide and potentially operate the temporary facilities and that the reliability and performance of
the facilities will meet OC San’s needs and reasonably mitigate construction risks. Examples of
potential facilities include:
1. Temporary MCCs and power feeds from existing MCCs
2. Temporary piping to phase the replacement of the utilities in the tunnels
3. Bypass pumping to rehabilitate process structures
4. Temporary standby power to accommodate the transfer of electrical loads from existing
electrical equipment to new electrical equipment and the phasing of the electrical system
from the existing standby power electrical distribution equipment to the new equipment.
5. Temporary piping to re-route side stream flows from PEPS including the 12-inch Central
Power Generation cooling water discharge into PEDB-1 and the DAFT underflows.
6. Temporary facilities for commissioning
1.4.9 COORDINATION WITH OTHER PROJECTS
A. The following projects may impact or require coordination with this project:
1. P1-105, Headworks Rehabilitation at Plant No. 1. This project will rehabilitate and
upgrade Plant No. 1 Headworks. Major facilities to be rehabilitated include the Metering and
Diversion Structure, the Bar Screen Building, the Bin Loading Building, the Main Sewage
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Pump Station, the Grit Basins, the Primary Influent channels, the Headworks Odor Control
Scrubbers, and electrical power distribution and control systems. New structures to be
constructed as part of this project include Grit Pump Station, Grit Handling Building,
Headworks Odor Control Facility, Electrical Buildings, and other support systems.
2. P1-132, Uninterruptible Power Supply Improvements at Plant 1. This project will
provide a new regional Uninterruptible Power Supply (UPS) at Power Building 8 to provide
critical power to facilities in the northwest region of Plant No. 1. New electrical distribution
and branch circuit panelboards will replace existing old and obsolete equipment. The project
will provide temporary power to maintain services to critical loads during construction.
Miscellaneous 480-volt cables and circuit breakers will also be replaced.
3. P1-133, Primary Sedimentation Basins No. 6-31. This project will increase the
reliability of the rectangular primary clarifiers at Plant No. 1 by replacing three primary sludge
pumps, replacing the launders in the Primary Influent Splitter Box, and installing a sump
pump to remove water accumulation in a below-grade foul air pipe.
4. P1-140, Activated Sludge-1 and Secondary Clarifier Rehabilitation. This project will
perform a comprehensive rehabilitation of the Activated Sludge Facility No. 1 at Plant No. 1.
The facilities in this project include Blower Building No. 1, Aeration Basins Nos. 1-10, Return
Activated Sludge Pump Station and Secondary Clarifiers Nos. 1-26. A new Mixed Liquor
Recycle (MLR) pump station and associated piping is also included in this project.
5. P2-133, B/C-Side Primary Sedimentation Basins Rehabilitation at Plant No. 2. This
project will extensively rehabilitate B & C Sides of primary basins at Plant 2 to extend uselife
by another 40 years. The work will rehabilitate 10 primary basins with new flat covers;
rehabilitate sludge/ scum pump stations; rehabilitate distribution structure B & C; replace all
mechanical and electrical systems; replace polymer system; rehabilitate structural and yard
piping; replace North Scrubber Complex; relocate electrical and controls to Distribution
Center F; and miscellaneous upgrades.
6. J-124 Digester Gas Facilities Replacement. This project will replace the low and high
pressure digester gas facilities at Plant No. 1 and No. 2 to meet current and future needs
such as projected gas production and Air Quality Management District and National Fire
Protection Association regulations. The Plant No. 1 work includes replacement of all
compressors and flares and rehabilitation of the existing gas compressor building. The Plant
No. 2 work includes construction of a new gas compressor building, and replacement of the
flares and gas compressors.
7. J-133 Laboratory Rehabilitation at Plant No. 1. This project will rehabilitate the
existing Laboratory building at Plant No. 1 to meet current building, electrical and safety
codes and to incorporate recommendations from the Seismic Evaluation Study. Amenities,
utilities, and equipment will be upgraded and working spaces will be re-purposed and
optimized to meet the existing needs of the Laboratory. This project also includes temporary
Laboratory service relocations since it will need to be shut down during rehabilitation.
8. J-136 Power Building Structural Seismic Improvements at Plant No. 1 and 2. The
buildings at Plant No. 1 and 2 that house electrical systems will undergo structural and
geotechnical (soil) improvements to reduce the risk of failure during a significant seismic
event. At Plant No. 1, this includes the 12 kV Service Center, Central Power Generation, and
Power Buildings 2 and 4. At Plant No. 2, this includes the Boiler Building, Headworks Power,
Headworks Standby Power, Central Power Generation, and Power Buildings B, C, D.
DESIGN CONSIDERATIONS
The following design considerations shall be carried from Preliminary Design through Final Design.
1.5.1 TECHNOLOGY AND CONFIGURATION CHOICES
1.5
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The project elements in this facility shall be achieved using proven technologies. Alternative means of
accomplishing the project elements must be reviewed and accepted by OC San prior to detailed
evaluation. All alternative technologies proposed should be currently operating in other wastewater
treatment facilities of similar capacity.
1.5.2 DESIGN DECISIONS
Design decisions shall be agreed upon by OC San prior to any work being performed by the
CONSULTANT in preliminary and detailed design. All design decisions shall be documented.
1.5.3 DESIGN SELECTION CRITERIA
A. Design selection shall consider construction, lifecycle, operation, and maintenance costs as
well as process benefits and overall quality. When design recommendations are presented to
OC San, the design selection criteria shall be clearly identified with the recommendation.
B. The cost estimate shall consist of a life cycle cost analysis for the options proposed,
including costs for engineering, construction, start-up, and operational and maintenance, and
future rehabilitation and replacement.
C. The construction cost estimate shall be as described in Engineering Design Guidelines
Section 01.4.6 included as Exhibit 16 - OC San Engineering Design Guidelines and
Standards – Available online at https://www.OC San.com/about-
us/transparency/document-central/-folder-917. Life cycle cost analysis is described in Section
01.2.19 of the Guidelines.
1.5.4 PROJECT ELEMENT DESCRIPTION REVISIONS
CONSULTANT shall review and revise the Project Element Descriptions using track changes at the end
of Preliminary Design and at each design submittal. Changes shall be submitted to OC San for review.
1.5.5 COST MODEL
A. CONSULTANT shall prepare the cost model to be used to demonstrate the true cost of
major project decisions. With each major project decision, the CONSULTANT shall review and
update the cost model. The cost model shall be a living document between the CONSULTANT
and OC San to ensure that all changes are being acknowledged in the overall project cost.
B. The cost model shall show the implications of the decisions on the life cycle costs and shall
be used in the decision-making process. After decisions are made, the updated construction
costs, and life cycle costs, shall be submitted for project records.
C. The cost model shall be used to track project changes through final design.
D. The construction cost estimate shall be as described in Engineering Design Guidelines
Section 01.4.6 included as Exhibit 16 - OC San Engineering Design Guidelines and
Standards – Available online at https://www.OC San.com/about-
us/transparency/document-central/-folder-917.
PROJECT SCHEDULE
1.6.1 GENERAL
A. The table below lists the time frames associated with each major project deliverable and with
OC San’s review and approval of those deliverables. CONSULTANT shall comply with the
deadlines indicated in that table.
B. OC San’s Project Manager will issue an Administrative Notice to Proceed (NTP) that will
authorize CONSULTANT to begin preparation of the Project Management Plan (PMP) as
defined in Exhibit 3 – Project Management Requirements. The Administrative NTP does not
authorize costs to be incurred for execution of the technical portion of the Work, except where
specifically noted in the Administrative NTP.
1.6
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C. Following OC San’s acceptance of the PMP, OC San’s Project Manager will issue a
Preliminary Design NTP. OC San’s Project Manager will also issue a Final Design NTP upon
OC San’s acceptance of the final Preliminary Design Report.
D. The time frames specified below are used to estimate the actual milestone dates based on
the assumed NTP date, as shown in Exhibit 7 - Project Schedule Calculation.
E. OC San will consider an alternative CONSULTANT-proposed schedule provided it is
consistent with OC San resources and schedule constraints and adds value to OC San.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Submit Project Management
Plan (PMP)
10 workdays from Administrative NTP.
OC San Review of PMP
5 working days from receipt of PMP. If the PMP is sufficient, the OC
San PM will set the date for the Kickoff Meeting. In any case,
CONSULTANT shall issue a revised PMP within 5 working days of
receipt of OC San’s comments for OC San approval.
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the Preliminary
Design NTP.
Preliminary Design NTP
Submit draft Preliminary
Design Report (PDR)
375 workdays from the Preliminary Design NTP. CONSULTANT shall
establish a schedule with the OC San PM for separately submitting
working drafts of each Design Memo for OC San review prior to
completing the draft PDR. This schedule shall factor in the logical
sequence for completing the memos as well as both CONSULTANT
and OC San resources.
OC San Review of draft
PDR
25 workdays from receipt of Draft PDR
Submit final Preliminary
Design Report
50 workdays from receipt of OC San comments on Draft PDR.
Final Design
NTP
CONSULTANT’s schedule shall allow 20 working days from submittal
of the final PDR to receipt of the Design Phase NTP.
Submit Design Submittal 1
(DS1)
100 workdays from Design Phase NTP.
OC San Review of DS1 20 workdays from receipt of DS1
Submit Design Submittal 2
(DS2)
100 workdays from receipt of OC San comments on DS1.
OC San Review of DS2 20 workdays from receipt of DS2
Submit Design Submittal 3
(DS3)
135 workdays from receipt of OC San comments on DS2.
OC San Review of DS3 25 workdays from receipt of DS3
Submit Final Design
Submittal (FDS)
60 workdays from receipt of OC San comments on DS3.
CONSULTANT shall stop work upon submission of DS3, except as
required to participate in OC San meetings, until receipt of OC San
comments on DS3.
OC San Review of FDS 20 workdays from receipt of FDS
Final Technical
Specifications and Plans
20 workdays from receipt of OC San comments on FDS.
2. PHASE 2 – PRELIMINARY DESIGN
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The preliminary design phase will define the project. The final deliverable of this phase will be a
Preliminary Design Report (PDR) with the basis of design for all elements of the project.
PRELIMINARY DESIGN EXECUTION
2.0.1 PRELIMINARY DESIGN DECISION PLAN (PDDP)
A. CONSULTANT shall prepare a Preliminary Design Decision Plan (PDDP) for how project-
specific decisions will be properly planned and scheduled such that:
1. The work is planned to meet the specified schedule while providing appropriate
opportunities for OC San input.
2. OC San input is planned with appropriate timing to ensure a high-quality final product.
3. Specific major decisions are made in a timely manner by the project team and project
stakeholders and do not impact the project schedule.
4. Workshops and meetings are scheduled at the start of the project to ensure maximum
participation.
B. The PDDP shall include, at a minimum the following information:
1. A list of major project decision that need to be made.
2. Discussion of how major decisions will be made on the project (utilizing a decision tree
as appropriate), and the process to gain OC San concurrence.
3. Summary and timing of major decisions to fit the project schedule.
4. List of workshops, technical design meetings and focused meetings where major
decisions will be made, date of workshop or meeting, and the list of required attendees.
5. Schedule for all workshops, technical design meetings, and focus meetings and list of
anticipated attendees.
C. The PDDP shall be developed by the CONSULTANT and submitted for OC San review.
CONSULTANT shall make the appropriate revisions and submit the final version for use as the
basis for execution.
PRELIMINARY DESIGN PRODUCTION
2.1.1 GENERAL
A. Preliminary Design Report (PDR) production involves the preparation of design memos,
drawings, calculations, and other supporting material resulting in the PDR.
2.1.2 DESIGN MEMOS
A. The CONSULTANT shall produce Design Memos as indicated below in accordance with
Error! Reference source not found.. The CONSULTANT shall discuss the combining of design
memos with OC San and develop a design memo submittal list.
☒Process Design Configuration
☒Design Configuration
☒Redundancy
☒Monitoring and Sampling
☒Process Flow Diagrams
☒Operating Philosophies
☒Site and Facility Layouts
☒Preliminary Load Criticality Ranking Table
☒Hydraulic Analysis
☒Hydraulic Analysis
2.0
2.1
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☒Hydraulic Profile
Requirements for Hydraulic Analysis design memo are in addition to project specific
Design Memo for Plant No . 1 Hydraulic Model Update below. Design memos may be
combined.
☒Demolition
☒Describe Demolition Requirements
☒Demolition List
☒Demolition Plans
☒Demo EID
☒Rehabilitation Requirements
☒Geotechnical Data Report
☐Review of Existing Data - Preliminary Geotechnical Report
☒Geotechnical Data Report and Recommendations
☒Civil Design Parameters
☒General Civil
☒Drainage Requirements
☒Corrosion Protection Requirements
☒Utility Requirements
☒Structural Design Parameters
☒Architectural Design Parameters
Note: Develop up to three alternative concepts for review and acceptance
☒Process Mechanical Design Parameters
☒Building Mechanical Design Parameters
☒Fire Protection
☒Fire Protection Requirements
☒Fire Water Flow Analysis
☒Fire Protection Requirements for Existing Facilities
☒Electrical
☒Codes/standards.
☒ Brief description of electrical system.
CONSULTANT shall evaluate the location of the MCCs for the Primary Odor Scrubber
Complex. The evaluation shall include the following:
· Available spare capacity in PB-7 (normal and standby power)
· Available spare capacity in PB-4 (normal and standby power)
· Feasibility of routing new conduits from the new MCCs (located in ether PB-4 or
PB-7) to the Primary Odor Scrubber Complex
· Construction sequencing of the cut-over work
☒ Electrical drawings.
☒Identify Electrical System Impacts
☒Report – Data Collection and Verification
☒Preliminary Load List
☒Preliminary Standby Power Requirements
☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies
☒ETAP – Provide Data. OC San will perform ETAP studies.
☒Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill calcs.
☒Hazardous Area Classification Requirements
☒Instrumentation and Control
☒Instrumentation and Control System
☒Specialty Safety Systems
☒Preliminary SAT
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☒PLC and RIO Panel Location Map
☒CCTV Coverage Map
☐Landscaping
☐Landscaping Requirements
☐Develop up to three alternative concepts for review and acceptance
☒Plant Utility Investigation Findings
☐Vibration Analysis
☐Collections Basis of Design
☐Codes and Standards
☐Hydraulic Analysis
☐Pipeline Basis of Design
☐Manhole Basis of Design
☐Hydraulic Profiles
☐Collections Rehabilitation Alternatives
☐Pipeline Rehabilitation
☐Manhole Rehabilitation
☐Collections Pipeline Design
Assume 3 viable alignment options
☐Design Memo Items 1-12
☐Open-cut vs. Trenchless Technologies
☐Trenchless Technologies at Major Closings
☐Collections Utility Investigation Findings
☐Collections Conceptual Traffic Control
☐AHJ and Traffic Control Identification
☐Basis for Traffic Control Strategy
☐Traffic Analysis
☐Traffic Control Plans
☒Design Safety Requirements
☒Design Safety Requirements
☒Identify all potential project specific safety issues
☒Identify all potential Cal OSHA and OC San safety issues
☒Identify construction safety hazards
☒Use Sample Full Project Safety Review Plan to verify safety elements
☒Risk Management Check List to verify safety elements
☐HAZOP
☒Public Impacts
The scope of this section is limited to identification of potential public impacts and
mitigation measures. Public outreach plan and execution will be handled by OC San.
Environmental and Regulatory Requirements
☐CEQA Part of Programmatic EIR
☒CEQA work consists of a Notice of Exemption (NOE) since the project is replacing existing
facilities and not expanding capacity. The NOE will be filled by OC San.
☐Determine project environmental and regulatory requirements
☐Matrix of CEQA and Permit Requirements
☐Mitigation, Monitoring and Reporting List
☒Permit Requirements
☒List of Permits Required
☐Oil Well Abandonment
☒Stormwater Requirements
☒Hazardous Material Survey, Mitigation and Control
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In addition to the requirements for assessment of asbestos and lead in Exhibit 1,
disposal of the existing nuclear density meters in the Primary Clarifiers 1-5 pump rooms
must be addressed as well.
☒Maintainability
☒Define Maintainability Requirements
☒Maintainability Requirements Plan Drawings
☒Define Maintainability Rules
☒Define Maintainability Information for Project Specific Equipment
☒Facility Operation and Maintenance
☒Facility O&M Requirements
☒Operating Philosophies
☐Preliminary Assessment of O&M Staffing Requirements
☒Implementation Plan
☒Identification of Adjacent Projects and Potential Project Interdependencies
☒Preliminary Commissioning Package List
☒Preliminary Construction Sequencing Plan
☒Review of Constructability Issues
☒Temporary Handling of Flow
In addition to the requirements in Exhibit 1, this design memo shall also address the
hydraulic risks associated the long term outage of the eastside clarifiers during
construction.
☒Construction Odor Monitoring and Mitigation
☒Preliminary Technical Specification List
2.1.3 PROJECT SPECIFIC DESIGN MEMOS
Preparation of the following project specific Design Memos is required as part of preliminary
design activities. The content of these Design Memos are further described under the
corresponding Preliminary Design Activities tasks.
1. Plant No. 1 Hydraulic Model Update
2. Condition Assessment
3. Primary Odor Scrubber Complex Condition Assessment
4. Primary Odor Scrubber Complex Rehabilitation and Replacement
5. Primary Effluent Pipeline Configurations
2.1.4 PRELIMINARY DESIGN DRAWINGS
A. The CONSULTANT shall produce the following Preliminary Design Report drawings in
accordance with Error! Reference source not found..
☒General
☒Demolition
☒Civil
☐Landscape
☒Structural
☒Architectural
☒Mechanical
☒Electrical
☒Instrumentation and Control
2.1.5 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND ORGANIZATION
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A. Preliminary Design Report (PDR) Production involves the preparation of design memos,
drawings, calculations, and other supporting material resulting in the PDR.
B. The CONSULTANT shall combine the materials described below into a draft PDR. The
PDR shall be structured as outlined below, with the contents corresponding to the tasks listed in
this Scope of Work.
Volume 1 – Preliminary Design Report Technical Memos
Executive Summary
Design Memos
Design Memo 1, 2, 3, etc.
List of Proposed Specification Sections
Volume 2 – Drawings (see Preliminary Design Drawings list below)
Volume 3 – Submittal Documentation
Calculations
Equipment Data & Catalog Cuts
Decision Log
Meeting Minutes
C. The Executive Summary shall summarize the conclusions of the Memos included in the
report, and specifically include a summary construction schedule and construction cost estimate.
D. The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screen
and as a hard copy. The number of hard copies is indicated in Exhibit 8 - Deliverables
Quantities. The labeling and organization of the PDF submittal shall be in accordance with
Exhibit 13 - Bluebeam Designer Training for Submission.
E. Each evaluation memo and design memo shall be a separate file.
F. The OC San Project Manager may request that the CONSULTANT submit an electronic
proof set of the Draft PDR and Final PDR prior to hard copy production in order to initially
confirm that the submittal is ready for printing.
2.1.6 PRELIMINARY DESIGN COST ESTIMATE
A. The CONSULTANT shall provide a cost estimate for the associated PDR submittal indicated
below in accordance with Error! Reference source not found..
PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants,
including reviewing their work products prior to submission to OC San.
2.2.1 PLANT NO. 1 HYDRAULIC MODEL UPDATE
A. The consultant shall provide engineering and hydraulic modeling services to update the
Plant No. 1 hydraulic model. The updated model will represent the changed conditions of Plant
No. 1 after elimination of the PEPS facility and increasing the elevation of the effluent weirs of
the eastside clarifiers to allow gravity flow of primary effluent into AS-1. The model will be used
as a planning tool to demonstrate modes of operation under various flow conditions and to
simulate the modified hydraulics.
1. Update Hydraulic Model Datum
a. The existing hydraulic model is based on plant datum. Perform field surveys of key
hydraulic structures to update hydraulic model elements to NAVD 88 datum. Surveys
shall be limited to top of concrete structure and weir elevations only. All other elevations
in the hydraulic model will be adjusted relative to top of structures. Using the current
hydraulic model which has previously been calibrated as part of PS17-09, update model
elements to NAVD 88 elevations with results from field surveys. Provide update of
hydraulic model reference files from SP-173 with markup of all changed elevations.
2.2
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b. Incorporate changes made by Project No. P1-105 pumps, grit channels, grit
chambers, headworks splitter box and primary influent piping into hydraulic model.
2. P1 Primary Influent and Effluent Hydraulic Improvements
a. The hydraulic model is calibrated to represent the system under peak flow
conditions and requires additional adjustments to settings to simulate average day
operating conditions. Real Time Controls (RTC’s) are utilized in the model to allow for
alternatives analysis. CONSULTANT shall add and modify settings and controls as
necessary to develop the flow scenarios required.
b. CONSULTANT shall develop hydraulic model scenarios to identify capacity issues
and system bottlenecks in the primary influent and effluent conveyance processes.
Identify potential system improvements (for example, changes to weir elevations and
overflows, variable flow control, or larger pipe sizes) to address these issues. At a
minimum, address:
(1) Options for mitigating risks associated with peak wet weather flow during
construction of P1-126 including potential options for conveyance of the full
320 mgd peak flows through Primary Clarifiers 6-31 with the 72-inch primary
influent pipeline offline.
(2) Hydraulic limitations at PEDB-1 which contribute to potential overflow issues
when primary effluent from Primary Clarifiers 6-31 are conveyed to the Trickling
Filters and to AS-1 splitter box from the east side.
(3) Hydraulic limitations at PEDB-2 during high flows identified by SP-173
(4) Potential for flow routing to the Trickling Filter to attenuate high flows or overflow
conditions at PEDB-1 and PEDB-2.
(5) Improvements to reduce potential for primary effluent overflows or to allow for
increased response time to a potential overflow event.
(6) Other hydraulic system limitations identified in SP-173, PS17-09, P1-126
Concept Report, and PS19-02.
(7) Flow conveyance through the eastside clarifiers with only two clarifiers in
service.
3. Updated P1 Hydraulic Model
(1) Develop final hydraulic model scenarios representing the improved conditions
as determined by the preliminary design. CONSULTANT shall also update the
hydraulic model again after final design to reflect any changes made during
design.
(2) The hydraulic model must be updated within the existing modelling software
platform, Infoworks ICM. Updated model functionality, spatial alignment and
representation, hydraulic element naming conventions, and level of detail must
be consistent with the existing model.
(3) The final hydraulic model must include scenarios for dynamic peak wet weather
and average day flow scenarios under the existing and improved conditions.
(4) Develop and describe the hydraulic profile for the new facilities. See
Engineering Design Guidelines, Appendix A, Section A.2.6 “Hydraulic Profile”
for requirements. Describe modifications or improvements required to resolve
these impacts.
(5) The existing hydraulic model master database contains both Plant 1 and Plant
2. Updates to Plant 2 hydraulic model are not required. CONSULTANT may
utilize boundary conditions to isolate the P2 from the P1 system. However, final
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hydraulic model must include one single master database model which includes
both plants.
(6) Perform a calibration check based on available data related to PEDB-2.
(7) Review loss coefficients for P1 related to facilities critical to the project.
(8) Validate the critical portions of the system against calculations performed in
Visual Hydraulics.
(9) Conduct a sensitivity analysis of the model.
B. CONSULTANT shall hold workshops, technical progress meetings, and focused meetings
as necessary to obtain input from OC San staff to update the model, develop model scenarios,
validate and present the model results, and provide recommendations for hydraulic system
improvements and design criteria for the new eastside clarifier facilities.
C. This task shall be documented under the corresponding Project Specific Design Memo.
2.2.2 CONDITION ASSESSMENT
A. CONSULTANT shall conduct a field inspection and prepare a Condition Assessment Report
including remedial recommendations for the facilities listed below.
1. 72-inch primary influent piping from the Primary Influent Metering Structure to the EBDB.
2. 66-inch overflow piping from PEDB-1 to PEJB-1
3. PEJB-1 structure
4. 72-inch primary effluent connection to AS-1 from PEPS
B. The condition assessment will require a manned entry inspection and core samples to be
collected from the pipelines. CONSULTANT shall provide all personnel and equipment required
for confined entry and inspection.
C. Existing condition assessment CCTV video data is available for the above facilities except
for the 72-inch primary effluent pipe between PEPS and AS-1. The CONSULTANT shall
coordinate a shutdown with OC San to inspect this facility, all other facilities are not anticipated
to require process shutdowns for inspection. CONSULTANT shall submit inspection plan within
one month of NTP. Based upon the hydraulic analysis and condition assessment data,
CONSULTANT shall provide recommendations for rehabilitation or replacement of these assets.
If the facilities must be replaced based on hydraulic criteria, a condition assessment may not be
necessary.
D. This task shall be documented under the corresponding Project Specific Design Memo.
2.2.3 PRIMARY ODOR SCRUBBER COMPLEX CONDITION ASSESSMENT
A. CONSULTANT shall conduct a field inspection of the existing Primary Odor Scrubber
Complex. The assessment will evaluate the feasibility of reusing the following either wholly or
separately; 1) the electrical and instrumentation components of the facility including motors,
instruments, wiring, conduits and tray cables, control panels, and MCC’s, 2) blower fans, foul air
valves and dampers, 3) chemical feed equipment including tanks and pumps, and 4) scrubber
vessels. Structural components shall be considered not necessary for replacement unless
required for replacement of other components.
B. A Technical Memorandum shall be prepared which describes the findings of the field
assessment and presents those components that are proposed to be reused and those
components which are recommended for replacement.
C. Based on the assessment findings and recommendations for component rehabilitation or
replacement, a comparison of single stage versus dual stage scrubber technology approaches
will be developed and presented. This evaluation will incorporate data from the OC San Odor
Control Master Plan, input from CONSULTANT’s odor control specialists, and OC San staff input
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and experience with operating existing odor control systems. The capacity of existing scrubber
assets will also be compared against preliminary expected capacity requirements.
D. Based on the feedback from the third Scrubber Assessment Workshop described as part of
2.3.4, a decision on the selected scrubber technology will be written into the final draft of the
Memorandum.
E. The Primary Odor Scrubber Complex Condition Assessment shall be completed prior to start
the Primary Odor Scrubber Complex Rehabilitation and Replacement task. It is anticipated that
this task shall be completed within 90 working days after Preliminary Design NTP. An
allowance of 260 hours is anticipated to complete the task.
2.2.4 PRIMARY ODOR SCRUBBER COMPLEX REHABILITATION AND REPLACEMENT
A. Based on the decisions made as part of the Primary Odor Scrubber Complex Condition
Assessment task, CONSULTANT shall develop a preliminary design of the Primary Odor
Scrubber Complex which may include the following:
1. CONSULTANT shall conduct odor sampling at the primary clarifiers to determine if
additional odor constituents require treatment and to establish design criteria.
2. Address the feasibility of adding future capacity to the new Primary Odor Scrubber
Complex to handle odor treatment requirements for future primary clarifiers and the Trickling
Filters so that all primary foul air and foul air from the Trickling Filters can be treated by a
single system.
B. At a minimum, the development of the preliminary design of the Primary Odor Scrubber
Complex shall include:
1. Identify primary foul air treatment requirements, layout and configuration requirements,
permitting requirements, capital and operating costs, and O&M considerations for the
selected scrubber technology.
C. This task shall be documented under the corresponding Project Specific Design Memo.
2.2.5 PRIMARY EFFLUENT PIPELINE CONFIGURATIONS
A. The primary effluent connection to AS-1 involves significant operational and constructability
challenges due to the elimination of PEPS, existing drain connections to PEPS, potential need to
upsize the existing AS-1 connection pipe size, the presence of existing facilities including
Tunnels 18 and 19, the PEPS wet well, the Compressed Natural Gas Building, and transformers
serving the PEPS/Blower Building. CONSULTANT shall consider condition assessment,
hydraulic analysis, constructability, operational, and other design factors to provide a
recommended configuration of the new primary effluent pipelines and structures from the new
clarifiers to PEJB and to the final connection at AS-1.
B. The results of this task will be incorporated into the Process Design Configuration Design
Memos.
2.2.6 PRIMARY METERING STRUCTURE
A. Flow metering technology will be selected during Preliminary Design and may include
magnetic flowmeters, ultrasonic, sonar, or other technologies recommended by CONSULTANT.
OC San is in the process of pilot testing an externally mounted probe flowmeter on the existing
72-inch pipeline. The CONSULTANT will coordinate with OC San on pilot testing efforts and
incorporate the results from pilot testing efforts into the recommendations of a flowmeter
technology for implementation. Coordination during pilot testing efforts will be limited to
recommendations for technologies to be tested by OC San, review of pilot study results, and
evaluation of the applicability of the tested technologies to the project.
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B. Evaluate the need for replacement of the flowmeters on the two 90-inch primary influent
pipes along with the instrumentation requirements for flow control across the two eastside and
westside clarifier trains.
C. The results of this task will be incorporated into the Process Design Configuration Memos.
2.2.7 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. Consultant shall show and explicitly identify the limits of work for all portions of the project,
including any restrictions to the work allowed in any area, e.g., whether the area can be used for
parking or laydown.
B. All survey research and survey field work shall be performed by a Professional Land
Surveyor licensed by the State of California.
2.2.8 TOPOGRAPHIC SURVEY
A. CONSULTANT shall conduct field and aerial surveys as required. Topographic information
used on the construction plans shall be generated from a field survey and an aerial mapping
process. OC San will not provide the aerial survey information to the CONSULTANT for use on
the project.
B. Prior to beginning design, CONSULTANT shall prepare the scope of work for field and aerial
surveys required for all applicable project elements. OC San will establish both vertical and
horizontal control for the project. The field survey shall be used to establish both horizontal and
vertical alignment of the facilities and shall note all survey monuments, topographic features,
property lines, and elevations. The basis of bearings and benchmarks shall be indicated on the
drawings. Control shall meet or exceed NGVD 88 requirements and shall be based on the Plant
Local Coordinate System and datum. CONSULTANT’s project schedule shall account for the
above.
C. The aerial topography shall be required to meet the following criteria:
1. The final product shall be delivered in AutoCAD.
2. The aerial shall be based on the plant coordinate system.
3. The CAD file shall adhere to the CAD Manual. OC San shall be given the opportunity to
review and comment on the compliance to the CAD Manual.
4. Site contours shall be in 0.5-foot intervals.
5. Contour and spot elevations shall be 3D; all other features shall be 2D.
6. CONSULTANT shall include the survey-related documents with the Design Support
Documentation portion of the Design Submittals as specified in the Engineering Design
Guidelines, Appendix A, Section A.3.19 “Project Support Documentation (PDS)”.
2.2.9 GEOTECHNICAL INVESTIGATION
A. CONSULTANT shall secure the services of a qualified Geotechnical Engineering firm to
prepare a Geotechnical Data Report that addresses geotechnical concerns for all applicable
Project Elements of the project Scope of Work
B. Soil Explorations
1. The geotechnical services shall include exploratory work such as soil borings and/or
cone penetration tests (CPT’s) necessary to observe, test, classify soils, and monitor
groundwater levels and potential groundwater pollutants of concern.
2. The number and spacing of borings shall be based on the geotechnical professional’s
interpretation of needs and recommendation; however, a maximum of five hundred feet
(500’) shall be allowed between pipeline alignment borings along a pipeline alignment.
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a. If unexpected or unique soils are encountered, an adequate number of borings shall
be taken to try and define the limits of the anomaly.
3. Borings shall also be taken at or near the upstream and downstream connection points
for the proposed facility.
4. The depth of the borings shall be adequate to characterize the soils to a depth of at least
five feet below the bottom of an excavation or any proposed sewer invert elevation. At least
two borings shall extend ten (10) feet below the proposed excavation bottom or sewer invert.
C. Soil Sampling
1. Soil samples for testing shall be collected as needed based upon CONSULTANT’s
professional judgment. However, samples intervals shall not exceed two-foot depth intervals
alternating SPT and RING samples in each boring. If borings are taken near existing
sewers, samples shall be taken and delivered to OC San for testing for coliforms to
determine if sewers are leaking.
D. Ground Water Pump Testing
1. Conduct ground water pump testing to determine dewatering parameters for inclusion of
the specifications.
2. Provide a complete specification for the abandonment of wells for areas where aquifers
could be compromised. Potential abandonment methods for deep penetrations might
consist of overdrilling and fill with cement-bentonite grout slurry, or deep pressure grouting to
create a concrete seal.
E. Soil Exploration Locations
1. The location of all soil explorations shall be plotted on a map and attached to the
Geotechnical Report. Preferably, the explorations shall include survey coordinates
consistent with the project survey. Complete logs of the soil profiles shall be included in the
report.
2. Explorations shall be located strategically within the footprint of the proposed excavation
or on the centerline of proposed pipeline alignments. A total of five borings shall be cased
and converted into water level monitoring wells for use during construction according to local
agency requirements. CONSULTANT shall obtain all necessary permits for the installation of
monitoring wells. CONSULTANT shall also be responsible for abandoning the wells after
the construction is completed and the monitoring wells are no longer useful.
3. Work conducted within OC San’s treatment plants shall comply with the requirements of
the OC San Stormwater Management Plan. Work conducted outside OC San’s treatment
plant shall comply with the requirements of the local jurisdiction.
2.2.10 UTILITY INVESTIGATION
A. To better manage the risks associated with construction excavation, CONSULTANT shall
perform a thorough search of all utilities impacted by the work for all applicable Project Elements
of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities
include all in-plant, utility company-owned and public agency-owned piping, duct banks, and
other interferences. The search shall include utilities within the public right-of-way, and those
located on private property and OC San property impacted by the proposed project. The search
shall include the records and plans of OC San and all respective public and private companies
and utilities.
B. Review of OC San Records
1. OC San’s “As-built/Record” plans may be incomplete or inaccurate with respect to the
routing of individual utilities, pipelines, etc. in the vicinity of the project. CONSULTANT shall
check OC San records against those of the other agencies, companies and utilities. These
may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control
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facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other
structures.
C. On-Site Inspection
1. An on-site inspection shall be made in the project area. During the on-site inspection, a
senior-level CONSULTANT representative shall walk the site accompanied by OC San’s
Project Engineer and Supervising Inspector. The CONSULTANT representative shall be
experienced in the location and identification of utilities in the field. During the on-site
inspection the CONSULTANT shall document all visible features that indicate utilities within
the project area and compare them with the available utility plans.
D. Subsurface Utility Investigations
1. Investigation of existing utilities shall be in accordance with the respective ASCE
guidelines, except as amended by this Scope of Work. A brief description of the ASCE
guidelines defines the Quality Level of detail for researching subsurface utilities as follows:
a. Quality Level D: Information derived from existing records or oral recollections.
b. Quality Level C: Information obtained by surveying and plotting visible above-
ground utility features and by using professional judgment in correlating this information
to Quality Level D information.
c. Quality Level B: Information obtained through the application of appropriate
surface geophysical methods to determine the existence and approximate position of
subsurface utilities. Quality Level B data shall be reproducible by surface geophysics,
such as ground penetrating radar, at any point of their depiction. This information is
surveyed to applicable tolerances and reduced onto plan documents.
d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the
actual exposure (or verification of previously exposed subsurface and surveyed utilities)
and subsequent measurement of subsurface utilities, usually at a specific point.
Minimally intrusive excavation equipment is typically used to minimize the potential for
utility damage. A precise horizontal and vertical location, as well as other utility
attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical
and to applicable horizontal survey and mapping accuracy.
2. Refer to CI/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing
Subsurface Utility Data for details.
3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project
Elements of this Scope of Work. Utilities include all in-plant utilities. All utilities encountered
during the preliminary design shall be shown on the plans.
4. Subsurface investigation for all utilities in and around the work area shall be performed
to Quality Level D and Quality Level C. All utilities shall be plotted both in plan and profile on
a scaled drawing that can later be incorporated into scaled (1” = 40’) plan drawings.
5. CONSULTANT shall submit, for acceptance by OC San, recommendations on which
utilities should be investigated to Quality Level A and where Quality Level B investigations
should be performed. As part of the submittal, a Potholing Plan and Geophysical
Investigation Plan shall be developed including proposed pothole locations and type of
geophysical investigation.
6. Prior to OC San’s acceptance of the Potholing Plan/Geophysical Investigation Plan, a
project field walk by the CONSULTANT Project Manager, OC San Project Engineer,
Supervising Inspector, and other designated OC San personnel shall be performed.
E. Potholes and Geophysical Investigation
1. CONSULTANT shall secure the services of a subcontractor to perform the pothole work
and geophysical investigation (including ground-penetrating radar).
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2. CONSULTANT shall “pothole” and perform geophysical investigation on all utilities
described and shown in the accepted Potholing Plan/Geophysical Investigation Plan.
CONSULTANT’s staff shall be on-site during potholing to provide direction to potholing crew.
OC San staff shall also be present during potholing. Field investigations include visiting the
project work site and each utility to verify the location of all interferences.
3. CONSULTANT shall provide all the related work necessary, including, but not limited to:
a. Documentation of information
b. Notification of USA’s “Dig Alert”
c. Providing field survey
d. Obtaining required permits
e. Submission of traffic control plans
f. Setting up traffic control
g. Soft dig potholing
h. Ground-penetrating radar
i. Excavating
j. Backfilling
k. Repairing pavement to local jurisdiction requirements
4. “Soft” excavation potholing methods such as vacuum extraction is preferred; however,
excavation methods shall be chosen to adequately define the utility. Crosscut trenches may
be preferred for defining some utility locations. Hydro-jetting soft dig should be avoided in
sandy, wet and contaminated soil conditions.
5. Potholing subcontractor shall measure and document the depth of pavement and of
base material at each pothole, and every five feet along crosscut trenches.
6. Work conducted within OC San’s treatment plants shall comply with the requirements of
the OC San Stormwater Management Plan. Work conducted outside OC San’s treatment
plant shall comply with the requirements of the local jurisdiction.
7. CONSULTANT shall provide a licensed land surveyor or hire a licensed survey
subcontractor(s) to field-locate the actual horizontal and vertical location of the constructed
potholes. Survey controls shall be set and coordinated with the survey controls used on
previous construction drawings. OC San control points shall be checked; northing, easting
and elevation data for each pothole shall be shown on the Contract Drawings; and physical
tie-ins provided in order to easily re-establish pothole locations after construction.
CONSULTANT shall supply and supervise survey work and subcontractors needed to
perform the pothole work. Survey datum differences shall also be reconciled.
8. The results of potholing and geophysical efforts shall be summarized in a field findings
report.
9. CONSULTANT shall backfill and repair potholes consistent with the requirements of the
local jurisdiction. If CONSULTANT is unable to determine local jurisdiction requirements
prior to the proposal, CONSULTANT shall assume the following requirements:
a. The materials removed from the excavation may not be used for backfill, unless
approved by the local jurisdiction. If approved, excavated material used to fill potholes
shall be placed with a maximum lift thickness of four inches and mechanically
compacted.
b. If not approved, the CONSULTANT shall be responsible for hauling off and
disposing of excavated pothole material. In this case, excavation holes shall be filled
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with a cement slurry mix from the bottom up. The excavated materials shall be tested
for hazardous materials and disposed of offsite accordingly. Testing shall be the
minimum required for classifying the materials. The potholing samples shall be tested
by a California Environmental Laboratory Accreditation Program (ELAP) certified
laboratory to identify characteristics of hazardous waste. A substance shall be
considered hazardous if it possesses properties of toxicity, ignitability, corrosivity and/or
reactivity per California Code of Regulations Title 22, Section 66261. In addition,
Minimum the laboratory testing shall include an on-site Organic Vapor Analyzer (OVA)
test for potential hydrocarbon contaminants. Should the OVA reading be equal to or
greater than 45 ppm, further laboratory Minimum testing shall be performed to include
Benzene, Toluene, Ethyl Benzene, and Xylene (BTEX) test per EPA guideline 8020 and
Total Hydrocarbons (TPH) tests per EPA guideline. should the OVA reading be equal to
or greater than 45 ppm.
c. AC pavement shall be replaced to full depth or the structural section (AC & Base)
plus two inches with hot mix asphalt unless otherwise required by OC San. Cold mix
shall only be allowed when the patch will be replaced by the project and where approved
by OC San.
d. Concrete pavement shall be replaced to full depth plus two inches with Portland
cement unless otherwise required by OC San.
F. Quantitative Assumptions
1. 100 potholes will be needed during preliminary design and 100 potholes will be needed
during final design.
2. 75,000 square feet of geophysical investigation will be needed during preliminary
design.]
G. Depiction of Utilities and Potholes on Plans
1. All utilities encountered during the preliminary design shall be shown on the Plans.
Project work that requires other agencies to relocate existing utilities shall be coordinated
during the design by CONSULTANT. Each subsurface utility shown on the drawings shall
include the Quality Level to which it was investigated as required by CI/ASCE 38-02.
Pothole locations shall be shown on drawings with survey information.
H. Relocation of Existing Utilities
1. Project work that requires other agencies to relocate existing utilities shall be
coordinated during design by CONSULTANT.
2.2.11 FIRE PROTECTION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the fire protection
requirements and prepare preliminary design and final plans and specifications for the selected
plan and assist OC San in obtaining approval from the fire authority.
B. Fire Flow Analysis:
☒Evaluation of existing potable water system is not required. Assume that the existing
potable water system has adequate pressure and volume to supply the required sprinkler
systems and hydrants.
☐Evaluate existing potable water system for adequate pressure and volume to supply the
required sprinkler systems and hydrants.
2.2.12 ELECTRICAL LOAD MEASUREMENTS
A. CONSULTANT shall perform preliminary calculations of existing equipment (i.e. panelboards
and motor control centers) early in PDR, prior to taking any load measurements to determine if
there is adequate spare capacity for the new loads on the existing normal and standby power
sources.
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B. OC San will provide the following power monitoring data:
1. Power flow through each Cen-Gen 12kV feeder.
2. Power flow at the 480V mains of PB-4, PB-7, and PB-8 switchgears (power monitors do
not exist for the individual MCC feeders).
C. CONSULTANT shall develop a list of load measurements that need to be taken to perform
load calculation. OC San will perform the load measurements.
D. CONSULTANT shall take electrical measurements per Engineering Design Guidelines,
Chapter 10, Section 10.2.1.4 “Report- Load Measurement and Recording”.
E. The load measurements data shall be compiled in a Load Measurement and Recording
Report included as an attachment to the Electrical Design Memo.
F. CONSULTANT shall confirm and recommend whether the new odor control complex loads
can be moved to PB-7.
2.2.13 VALUE ENGINEERING ASSISTANCE
A. CONSULTANT shall participate in a Value Engineering (VE) program as described in the
EPA publication entitled “Value Engineering for Wastewater Treatment Works”, dated
September 1984. The workshop will be managed primarily by an independent VE consultant
hired by OC San.
B. Examples of topics that may be covered in the Value Engineering Study include: Project
concepts, operations requirements, maintenance requirements, user friendliness and safety,
possible project improvements, cost saving measures, public nuisance issues, site access,
safety, and constructability.
C. The VE workshop will be held by the VE Consultant at an off-site location in or around the
City of Fountain Valley, California, over a period of three days as follows:
1. CONSULTANT shall prepare all documentation to be reviewed at the workshop and mail
the materials to all VE workshop participants at least one week prior to the workshop.
2. The morning of Day One shall involve a detailed presentation by CONSULTANT to the
VE Consultant and OC San staff regarding the design and construction project to cover the
design concepts for each project element. The presentation shall be followed by a site walk.
A question and answer session shall follow and continue through lunch which will be
arranged for and provided by the VE Consultant. OC San stakeholders may also be
available to answer questions.
3. During the afternoon of Day One, CONSULTANT shall give a detailed presentation to
the VE Consultant and OC San staff regarding the design and construction project schedule
and a history of the decisions which limit the project and its sequencing. A question and
answer session for this presentation shall follow. OC San stakeholders may also be
available to answer questions.
4. Day Two will be a workday for the VE Consultant. At least one designated individual
from the CONSULTANT shall remain to answer questions and gather additional information
that the VE Consultant might need. OC San stakeholders may also be available to answer
questions.
5. The morning of Day Three will be reserved for the VE Consultant to formulate their
recommendations in preparation of their presentation that afternoon to CONSULTANT and
OC San staff. At least one designated individual from CONSULTANT shall be available
again to help the VE Consultant in their efforts. OC San stakeholders may also be available
for a discussion. The afternoon presentation by the VE Consultant will outline their
recommendations that are anticipated to be the body of the VE report. A designated
individual from VE Consultant will record the comments and take notes from the workshop to
document the process.
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6. CONSULTANT shall participate in the workshop as described herein, evaluate the VE
Report recommendations, conduct additional engineering analyses as determined by OC
San, and meet with OC San to discuss the results of the engineering analyses and
incorporation of all additional recommendations into a Final VE Report. CONSULTANT shall
budget for 240 hours of staff time to evaluate VE recommendations and conduct additional
engineering analysis.
2.2.14 ENVIRONMENTAL DOCUMENTATION
A. CONSULTANT services related to Environmental Documentation may span across Phase 2
– Preliminary Design and Phase 3 - Design. When such services are required, they shall be
based on the requirements of Section III – Project Schedule and based on the following
requirements. The CONSULTANT shall allocate the budgeted hours between the
Environmental Documentation services in Phase 2 and Phase 3 based on when these services
will be required.
B. CEQA Documentation Support
OC San expects that a Notice of Exemption (NOE) will be required for this project. OC San
will separately arrange for preparation of required (NOE). The CONSULTANT shall produce
and assemble project information required for preparation of the NOE. Assume 80 hours for
level of effort.
2.2.15 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance may span across Phase 2 –
Preliminary Design and Phase 3 - Design. When such services are required, they will be based
on the requirements of Section III – Project Schedule and the schedule constraints associated
with each particular permit. The CONSULTANT shall allocate the budgeted hours between the
Environmental Documentation services in Phase 2 and Phase 3 based on when these services
will be required.
B. For all applicable Project Elements of this Scope of Work, CONSULTANT shall provide Bid
Documents that ensure that the facility features and the facility performance, and construction
procedures comply with all conditions of existing permits and permits required to construct this
project. Construction drawings, specifications and supplemental drawings shall be prepared, as
necessary, in the format required to obtain all permits.
C. CONSULTANT shall assist OC San in obtaining permits. This assistance shall include
completing application forms provided by OC San, preparing supporting documentation for the
permit applications as required by the issuing agency, furnishing the required number of copies
of all construction drawings and exhibits, and attending meetings with permitting agencies at the
request of OC San.
D. With the exception of construction contractor-furnished permits, OC San staff will execute all
applications. All permit fees will be paid directly by the OC San and will not be part of
CONSULTANT’s fee.
E. CONSULTANT shall submit all supporting documentation in a timely fashion for all permits
required for this project as described below.
F. SCAQMD Permitting
1. CONSULTANT shall provide assistance to OC San in obtaining the South Coast Air
Quality Management District (SCAQMD) permits for the project by performing following
tasks:
2. Demonstration of Compliance with New Source Review for Criteria Pollutants (SCAQMD
Reg. XIII)
a. Emissions Estimation: CONSULTANT shall estimate emissions of criteria pollutants
in terms of both concentrations and mass rates to determine if there is an increase in
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“uncontrolled” emissions (mass rates) from the project. CONSULTANT may utilize air
sampling data previously collected by OC San. If OC San’s data is not adequate,
CONSULTANT shall perform source tests and/or conduct fate-transport modeling.
CONSULTANT shall submit the emission estimates to OC San for approval prior to
proceeding with the subsequent work.
b. Best Available Control Technology (BACT): If there is an increase in “uncontrolled”
emissions (any amount for NOx and CO and greater than 1 lb/day each for VOC, NH3,
and PM10), CONSULTANT shall evaluate and determine BACT for the affected
pollutant(s).
3. Demonstration of Compliance with New Source Review for Air Toxics (SCAQMD Rule
1401)
a. Emissions Estimation: CONSULTANT shall estimate emissions of Toxic Air
Contaminants (TACs) in terms of both concentrations and mass rates for each of the
TAC listed in SCAQMD Rules 1401 and 1402 – “Proposed List of Air Toxic Target
Compounds for POTW.” CONSULTANT may utilize air sampling data previously
collected by OC San. If OC San’s data is not adequate, CONSULTANT shall perform
source tests and/or conduct fate-transport modeling. CONSULTANT may also obtain
supporting data from literature searches or from similar processes at other wastewater
treatment facilities. CONSULTANT shall submit the emission estimates to OC San for
acceptance prior to proceeding with the subsequent work.
b. Screening Risk Assessments: If there are any TAC emissions, CONSULTANT shall
conduct a Tier 1 screening risk assessment using the latest version of Risk Assessment
Procedures for Rules 1401, 1401.1 and 212 from the SCAQMD Risk Tool spreadsheet.
c. Air Dispersion Modeling and Health Risk Assessment: If the project does not pass
the Screening Risk Assessments as outlined in 3.b. above, CONSULTANT shall
conduct air dispersion modeling and either a Tier 3 or 4 health risk assessment(s) to
demonstrate that the project will not result in an increased Maximum Individual Cancer
Risk (MICR) greater than one-in-one million (1.0 x 10-6), nor an increased Chronic
Hazard Index exceeding 1.0 at any off-site residential, sensitive or workplace recptor.
Additionally, CONSULTANT shall demonstrate that the project will not exceed an Acute
Hazard Index of 1.0 at any off-site receptor location. Prior to conducting this task,
CONSULTANT shall submit the proposed modeling methodology for OC San’s review
and acceptance prior to conducting the work.
d. Best Available Control Technology for Toxics (T-BACT): If the MICR from the
project is greater than one-in-one million (1.0 x 10-6), CONSULTANT shall evaluate and
determine the T-BACT.
e. The air dispersion modeling shall be conducted using the EPA’s AERMOD
dispersion software. OC San has an existing AERMOD model built for a previous odor
modeling project which may require substantial revisions to correct deficiencies and to
update structures built since the model was last updated. CONSULTANT may use the
data in the existing model, provided CONSULTANT verifies the accuracy of the data
with OC San. The health risk assessment shall be conducted per SCAQMD’s latest
“Risk Assessment Procedures for Rule 1401 and 1402.
4. Demonstration of Compliance with Odor Nuisance (SCAQMD Rule 402)
a. The results of the foul air characterization and odor dispersion modeling conducted
under this task may be used to demonstrate that the project complies with SCAQMD
Rule 402.
5. Planning and Design Strategies for Air Pollution Control System
a. If an air pollution control system is required for BACT, T-BACT, and/or Odor,
CONSULTANT shall be responsible for planning and design strategies to meet
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regulatory and OC San standards and perform any additional air dispersion modeling to
determine the efficacy of the proposed air pollution system. All exhaust stacks, vents,
and sample ports required shall meet SCAQMD’s Guidelines for Construction of
Sampling and Testing Facilities.
6. Demonstration of Compliance with SCAQMD Rule 212
a. If there is a K-12 school within 1,000 feet of the project, CONSULTANT shall notify
OC San for further instruction.
7. Preparation of the Draft Application Package
a. CONSULTANT shall provide the draft application package for OC San’s review and
comments. The package shall include all applicable permit application forms available
on SCAQMD’s website and supplemental information including, but not limited to, the
following:
(1) General Project Description and Location
(2) Process/Equipment Description
(3) Design Criteria for Process/Equipment and Air Pollution Control System
(4) Process/Equipment Drawings
(5) Summary of Work Performed under Items 1 thru 5 above
(6) Demonstration of Compliance with Other Applicable SCAQMD, State, and
Federal Air Quality Regulatory Requirements
8. SCAQMD Permitting Meetings
a. CONSULTANT shall assume meetings for the following subjects related to
SCAQMD permitting:
(1) SCAQMD Permitting Kickoff Meeting
(2) Air Emissions Estimates
(3) Air Dispersion and Health Risk Assessment
(4) Compliance Demonstration Review
(5) Permit Application Material (2 meetings)
(6) Review of draft SCAQMD permits.
b. The CONSULTANT shall assume 4 meetings at 1 hours each.
G. Building Permits
1. City of Fountain Valley Fire Department Permit (for chemical areas)
2. The CONSULTANT shall assume 3 meetings at 1 hours each.
H. Stormwater Permitting
1. Stormwater permitting is not required for this project.
2.2.16 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution,
schedule, budget, subconsultants, and coordination with other projects. The CONSULTANT
shall perform the project management requirements in accordance with Exhibit 2 - Project
Management Requirements with the project specific options identified below.
B. Project Management Plan (PMP):
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☐Not required
☒Required
PMP approval prior to beginning technical work on the project.
C. Project Logs
☒Major Decision Log
☒Project Decision Log
☒Action Item Log
☒Decision Issues Log
☒Meeting Log
☒Risk Management Log
D. Progress Report, Status of Cost Model
☐Not required
☒Required
E. Project Invoices
1. Estimating earned value, tasks shall be further broken down to subtasks of no more than
$100,000.
2. Costs for invoicing shall be grouped into the following work packages:
Work Package Description Tasks
3146 Preliminary Design All Phase 2 tasks, except those listed
above.
3251 Design Submittal 1 Tasks 3.0 through 3.3, divided into
effort by design submittal. FDS is
charged against DS3.
3252 Design Submittal 2
3253 Design Submittal 3
3254 Bid Support Services Task 3.4
2.2.17 RISK MANAGEMENT
A. When required below, CONSULTANT shall provide risk management in accordance with
Exhibit 3 - Risk Management Requirements with the project specific options identified below.
B. Risk Management:
☐Not required
☒Required
Initial Risk Workshop
PDR Risk Management Workshop: 4 hours. (held 4 weeks prior to draft PDR at OC San)
C. Moderator
1. CONSULTANT shall provide a suitably qualified moderator to conduct the Workshops
defined in Exhibit 3 - Risk Management Requirements. The moderator shall have the
following attributes:
a. Sufficiently technically knowledgeable to understand the nature of the risks involved,
but the moderator need not be a subject matter expert.
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b. Not extensively involved in the project to date, so that the moderator has no
personal stake in the issues. CONSULTANT’s Project Manager and Project Engineers
for this project are not considered suitable.
(1) Employed by CONSULTANT or a Subconsultant.
2. The Preliminary Design Risk Management Workshop shall be planned and scheduled
for a duration of 4 hours and will be held at OC San offices.
2.2.18 QUALITY CONTROL
A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 5 -
Quality Control Requirements.
PDR WORKSHOPS AND MEETINGS
2.3.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in
accordance with Exhibit 4 - Workshop and Meeting Requirements.
2.3.2 PDR PRODUCTION WORKSHOPS
A. Predesign Kickoff Workshop
1. A four-hour project kick-off meeting shall be held with OC San staff to introduce principal
members of OC San and CONSULTANT’s teams. The discussion topics shall include: OC
San responsibilities, CONSULTANT’s responsibilities, invoice procedures, personnel
badges, parking, site access, CONSULTANT’s Scope of Work, detailed project schedule
with milestones, Work Breakdown Structure requirements, and OC San confined space and
other safety policy training.
B. PDR Production Workshops shall be held during Preliminary Design to discuss the topics
listed below. PDR Production Workshops shall be held to discuss topics to facilitate preparation
of design memos and are separate from PDR Design Memo Workshops and PDR Review
Workshops which are described further in the following sections. The list below indicates the
number of PDR Production Workshop topics anticipated to be held to cover the specific topic.
Unless otherwise noted, each workshop shall be 2 to 4 hours in length. Workshops may be
combined as needed and additional workshops may be held as needed to facilitate PDR
production. Some workshops may be held as technical progress meetings.
PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF
WORKSHOPS
PDR Production Kickoff 1
PDR Production Workshops -
Design Parameters 1
Facility Operation and Maintenance (Project-wide issues) 1
Geotechnical 1
Permitting and Compliance 2
Electrical 3
Instrumentation and Control 3
Utility Investigations 1
2.3
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PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF
WORKSHOPS
Hazardous Materials 1
Implementation Plan and Sequencing Constraints 3
Equipment and Process Redundancy Workshop (described below) 1
Maintainability Workshop (described below) 1
PDR Constructability Workshop (described below) 1
2.3.3 DESIGN MEMO WORKSHOPS
A. CONSULTANT shall hold workshops to present and review the Design Memos as required
in Exhibit 4 - Workshop and Meeting Requirements.
2.3.4 PROJECT SPECIFIC DESIGN MEMO WORKSHOPS
A. CONSULTANT shall hold the following workshops at a minimum for the project specific
design memos.
Task No. Topic Description
2.1.3. Hydraulic Analysis
(3 workshops)
Kickoff. Meeting to provide overview of the model,
approach for incorporating updates and conducting
analysis. Review parameters to be updated.
Model Update. Meeting to present the updates to
the hydraulic model and review model results.
System Improvements. Meeting to present and
review recommended system improvements.
2.1.3
Condition Assessment
(3 workshops)
Site Visit Planning. Meeting will be used to confirm
what facilities and equipment will be inspected and
that each site visit is warranted, and a discussion of
what observations should be made.
Site Visit Debrief. The site visitors will debrief the
rest of the project team on the findings of the site
visits, and what conclusions can be drawn.
Condition Assessment. CONSULTANT shall
present the findings of the condition assessments
for the piping and summarize the recommendations
for addressing deficiencies. The workshop shall
occur prior to submitting the related evaluation
memo.
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Task No. Topic Description
2.1.3 Primary Odor Scrubber
Complex Condition
Assessment
(3 workshops)
Site Visit Planning. Meeting will be used to
confirm what facilities and equipment will be
inspected and that each site visit is warranted, and
a discussion of what observations should be made.
Review of Findings. CONSULTANT shall discuss
individual components of the facilities, rehabilitation
options, and how the components may be replaced
while maintaining system operation.
Review of Technologies. CONSULTANT shall
present the options for single stage scrubber and
dual stage scrubber technologies relative to the
findings of the condition assessment.
2.1.3 Primary Odor Scrubber
Complex Rehabilitation and
Replacement
(1 workshops)
Design Criteria. CONSULTANT shall present draft
design criteria based on decisions made in 2.2.3. If
applicable, the results of odor sampling may be
presented. Preliminary layout and configuration of
the scrubber system shall be presented.
2.3.5 PDR REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design
Report as required in Exhibit 4 - Workshop and Meeting Requirements:
1. Draft PDR Presentation Workshop
2. Draft PDR Review Workshop
3. PDR Validation Workshop
2.3.6 EQUIPMENT AND PROCESS REDUNDANCY WORKSHOP
A. An equipment and process redundancy workshop shall be held after the draft process flow
diagrams have been developed to review the proposed redundancy requirements and
equipment sizing versus equipment quantity for the systems provided by the project. The
equipment and processes shall be designed to include sufficient redundancy in process trains
and standby equipment to allow for serviceability without disruption in plant operations.
Philosophies to be discussed shall include the following:
1. Equipment which may be difficult, costly, or time consuming to maintain may require
additional redundancy to mitigate reliability issues.
2. In general, there is a trade off on the size of the selected equipment. Large equipment
reduces the total quantity of equipment to perform the function. This helps with reducing the
number of equipment pieces that must be maintained, but may result in burdensome and
lengthy downtime periods for repair. Small equipment provides the reverse. More
equipment is needed for the function creating more things to maintain. However, it provides
for more flexibility and typically has a shorter down time.
3. Considerations must be provided to avoid single points of failure. For example,
redundancy in mechanical equipment can be negated if all equipment is powered on a
single common MCC.
4. The Consultant shall develop and establish the reliability and redundancy criteria
through workshops and evaluation and design memoranda.
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5. Operations and Maintenance (O&M) staff including staff from Maintenance Reliability
and Planning must be involved in the establishment of the maintainability design rules.
B. The equipment and process redundancy workshop shall be held at OC San’s facilities and
shall generally be 2 to 4 hours in length. The CONSULTANT shall facilitate this workshop and
OC San and CONSULTANT staff shall attend.
C. A follow up workshop shall be held at OC San’s facilities to review the final equipment and
process redundancy requirements.
D. CONSULTANT shall be responsible for completing the following tasks relative to the
workshop:
1. Prepare package for the equipment and process redundancy workshop participants. The
package shall consist of process flow diagrams and other information selected by
CONSULTANT.
2. Prepare presentation on the project.
3. Summarize the equipment and process redundancy workshop comments and action
taken on each comment in a memorandum.
4. All comments and recommendations of the workshop shall be incorporated into the
Process Design Configuration Design Memo and the bid documents.
2.3.7 MAINTAINABILITY WORKSHOPS
A. A maintainability workshop shall be held after draft floor plans have been developed to:
1. Review the working space around equipment, accessibility requirements, specific
activities required to be performed by maintenance staff, ease of servicing for equipment
and devices, means to removing equipment from the point of installation to a location
outside the facility.
2. The workshop shall be used to develop a set of project maintainability design rules
based on the requirements in Chapter 7 of the Engineering Design Guidelines, coordination
with OC San staff, lessons learned from prior projects, CONSULTANT staff expertise, and
manufacturer data.
3. The CONSULTANT shall research and provide the following maintainability information
for the workshop:
a. Sludge pumps and grinders
b. Primary clarifier mechanical equipment
c. Primary clarifier covers
d. Odor control systems
e. Chemical containment area
4. Operations and Maintenance (O&M) staff including staff from Maintenance Reliability
and Planning must be involved in the establishment of the maintainability design rules.
B. The maintainability workshop shall be held at OC San’s facilities and shall generally be 2 to
4 hours in length. OC San and CONSULTANT staff shall attend this workshop.
C. A follow up maintainability workshop shall be held at OC San’s facilities to review the draft
project maintainability design rules.
D. The project maintainability design rules shall be followed during detailed design.
E. CONSULTANT shall be responsible for completing the following tasks relative to the
workshop:
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1. Prepare package for the maintainability workshop participants. The package shall
consist of plans, process flow diagrams, P&IDs and other information selected by
CONSULTANT.
2. Prepare presentation on the project.
3. Review 3D model if applicable to the project.
4. Summarize the maintainability review workshop comments and action taken on each
comment in a memorandum.
5. All comments and recommendations of the workshop and the project maintainability
design rules shall be incorporated into the Maintainability Design Memo and the bid
documents.
2.3.8 PDR CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held after the draft PDR submittal review to identify any
fatal flaws in the design relative to constructability. Some of the subjects that shall be covered in
this workshop include the following: conflicts between design disciplines, geotechnical
considerations, construction sequencing, power outages, equipment shutdowns, viability of
equipment relocation, safety, operational requirements, access for maintenance, size-critical
equipment requirements and constraints, permitting, public nuisance issues, other local
conditions and constraints.
B. This workshop shall be held at OC San facilities and shall generally be 4 to 6 hours in
length. OC San and CONSULTANT staff shall attend this workshop.
C. CONSULTANT shall be responsible for completing the following tasks relative to the
workshop:
1. Prepare package for constructability review workshop participants. The package shall
consist of detailed plans and specifications and other information selected by
CONSULTANT.
2. Prepare presentation on the project.
3. Summarize the constructability review workshop comments and action taken on each
comment in a memorandum.
4. All comments and recommendations of the workshop shall be incorporated into
Implementation Plan Design Memo and the Bid Documents.
2.3.9 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be monthly to review various issues with OC San’s
project team. A total of 16 meetings shall be held during Preliminary Design Phase. The
CONSULTANT shall coordinate with the OC San Project Manager to determine what topics will
be covered in what meetings, and what OC San and CONSULTANT team members are
required for each.
2.3.10 FOCUSED MEETINGS
A. Focused meetings shall be held throughout preliminary design to discuss specific issues in
detail and generate comments and direction from OC San staff. The following tentative list of
topics may be covered in these meetings:
1. Site survey
2. Site utility coordination
3. Geotechnical report
4. Quality control plan
5. Common names for facilities and equipment
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6. Process Flow diagram/Operating Philosophy (several meetings as needed)
7. Permits
8. OC San Safety Standards, confined space and other safety requirements
9. Fire Department requirements
10. City requirements
11. Fire protection
12. Landscaping plan
13. Architectural concepts
14. Survey and geotechnical requirements
15. Potholing
16. Hazardous Area classification (with OC San Authority Having Jurisdiction representative
participating)
17. Utilities and utility tie-ins
18. Technical Definitions/equipment data sheets
19. Control concepts
20. Instrumentation and control upgrades
21. Sample P&ID; basis for equipment tag numbering
22. Sample control descriptions
23. Sample EID database
24. Sample SAT database
25. Data network block diagram/network connection diagram
26. I/O relocation plan
27. Electrical distribution system, system controls and the related upgrades
28. Single-line diagrams and electrical demolition
29. Modes and analyses cases for electrical studies
30. Criticality Table update
31. Standby power
32. Construction sequencing
33. Special studies
34. Coordination with other projects
35. Additional meetings as necessary
B. Meeting lengths shall be as required to cover the topic in question. Depending on subject
matter and attendees, one meeting may cover multiple subjects. CONSULTANT shall determine
how many meetings will be needed to cover these topics. CONSULTANT may suggest
additional topics as necessary. Supplementary meetings may be scheduled with OC San staff,
as necessary to allow coordination between CONSULTANT and OC San staff. In addition to the
above meetings, CONSULTANT shall anticipate bi-weekly coordination calls between OC San
and CONSULTANT technical design staff to coordinate open tasks.
2.3.11 COORDINATION WITH OTHER PROJECTS MEETINGS
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A. The project shall be a complete and fully functional facility that is integrated with existing
facilities and coordinated with other construction projects. CONSULTANT shall coordinate
potential conflicts with the following adjacent projects and participate in the number of meetings
indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
P1-140 Activated Sludge-1 and
Secondary Clarifier
Rehabilitation
2 meetings @ 1 hours
P1-105 Headworks Rehabilitation at
Plant 1
2 meetings @ 1 hours
Other projects coordination Other projects coordination 4 meetings @ 1 hour
2.3.12 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OC San’s stormwater compliance staff to review the
project scope and identify all issues during and after construction affecting compliance with
stormwater regulatory requirements and OC San’s policies and practices.
3. PHASE 3 – DESIGN
BID DOCUMENTS
3.0.1 GENERAL
A. CONSULTANT shall provide engineering services to prepare biddable plans, technical
specifications, and other Bid Documents as required based on the design concepts and criteria
developed during Phase 2 - Preliminary Design. In this Scope of Work, construction documents
include specifications; drawings; cable, conduit and cable tray schedules; commissioning plan
materials; equipment and instrumentation database (EID); SCADA Administration Tool (SAT);
and bypassing plans.
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
A. All changes in OC San’s Engineering Standards, OC San’s Design Guidelines, and/or
changes in design concepts and facility layouts as a result of OC San comments that may occur
up to transmittal of OC San comments on Design Submittal 2, shall be incorporated into the
Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on
fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
A. The following are the minimum Additional GRs topics required for this project:
☒Summary of Work
☒Work Sequence
☒Work Restrictions
☒Permits
☒Measurement and Payment (includes Mobilization/Demobilization)
☒Contractors Construction Schedule and Reports
☒Seismic Design Criteria (for those restraints, supports, etc. to be design by the Contractor)
☒Quality Assurance-Quality Control Program
☒Vehicular Access, Staging and Security
☒Traffic Control
3.0
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☒Contractor and Engineer’s Field Offices
☒Shipping, Storage and Handling
☒Project Control Management System (PMWeb construction management software)
☒Equipment Service Manuals
☒Equipment and Instrument Database (EID)
☒Commissioning
☒Training of OC San Personnel
☒Hazardous Materials Mitigation and Controls
☒Mold Remediation and Controls
3.0.4 DESIGN SUBMITTALS
A. The CONSULTANT shall produce the following design submittals as indicated below in
accordance with Exhibit 1 - Preliminary Design Report Requirements
B. Exhibit 1 - Design Requirements. If a design submittal is eliminated, then the design
submittal shall include the requirements associated with the required design submittal along with
the requirements associated with the previous unchecked design submittals.
☒Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
C. Continuing Work After Design Submittal Submission
☒CONSULTANT is expected to continue design work on the project while OC San staff
reviews Design Submittal 1 and Design Submittal 2. For Design Submittal 3,
CONSULTANT shall stop all design work until receipt of OC San comments on that
submittal.
☐CONSULTANT is expected to stop design work on the project until OC San staff
completes the review of each Design Submittal.
3.0.5 CABLE AND CONDUIT SCHEDULE
☐CONSULTANT shall put the cable and raceway schedule on the drawings. CONSULTANT
may utilize an Excel spreadsheet and copy the spreadsheet onto the drawings.
☒ CONSULTANT shall utilize OC San’s Microsoft Access Cable and Raceway Schedule
database electronic format. See exhibit titled “Cable Conduit and Tray Schedule Database”.
3.0.6 COMMISSIONING PLAN MATERIALS
A. The CONSULTANT shall provide a commissioning plan materials in accordance Exhibit 1 -
Preliminary Design Report Requirements
B. Exhibit 1 - Design Requirements. It is intended that commissioning plan materials
developed for OC San Project No. P2-98 be used to the extent possible for this project.
CONSULTANT shall identify necessary tests. OC San will provide example test procedures for
standard equipment, for ORT and Pre-FAT testing, from OC San’s Procedure Generator
application.
C. Specification Section 01810, Commissioning
☐OC San will prepare Section 01810
☒CONSULTANT shall edit Section 01810
D. ORT Procedures
☐OC San will prepare ORT procedures
☒CONSULTANT shall prepare ORT procedures using OC San’s ORT procedure generator
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☐CONSULTANT shall prepare new ORT procedures
E. Pre-FAT Procedures
☐Pre-FAT procedures not required
☐OC San will prepare Pre-FAT procedures
☒CONSULTANT shall prepare Pre-FAT procedures
F. FAT Procedures
☐OC San will prepare FAT procedures
☒CONSULTANT shall prepare FAT procedures
G. RAT Procedures
☐RAT procedures not required
☐OC San will prepare RAT procedures
☒CONSULTANT shall prepare RAT procedures
Development of RAT procedures in this task does not require detailed narratives as shown
in Exhibit 25 and shall be limited to the following approach developed for OC San Project
No. P2-98:
· Define the processes that will be tested during RAT
· Define pre-requisites to RAT
· Define Length of RAT while running under normal operation.
· Develop a schedule of operations to test each operating mode.
· Develop forms to be completed by the inspection team (OC San, Contractor and
Design Engineer) that document baseline operation.
H. PAT Procedures
☐PAT procedures not required
☐OC San will prepare PAT procedures
☒CONSULTANT shall prepare PAT procedures
3.0.7 EQUIPMENT AND INSTRUMENTATION DATABASE (EID)
☐EID is not required.
☐OC San will develop the EID in accordance Exhibit 1 - Preliminary Design Report
Requirements
Exhibit 1 - Design Requirements.
☒CONSULTANT shall develop EID in accordance Exhibit 1 - Preliminary Design Report
Requirements
Exhibit 1 - Design Requirements.
3.0.8 SCADA ADMINISTRATION TOOL (SAT)
☐SAT is not required.
☐OC San will develop the SAT in accordance Exhibit 1 - Preliminary Design Report
Requirements
Exhibit 1 - Design Requirements.
☒CONSULTANT shall develop the SAT in accordance Exhibit 1 - Preliminary Design Report
Requirements
Exhibit 1 - Design Requirements.
3.0.9 CONSTRUCTION SUBMITTAL ITEMS LIST
☐OC San will develop the Construction Submittal Items List in accordance with Exhibit 1 -
Preliminary Design Report Requirements
Exhibit 1 - Design Requirements.
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☒CONSULTANT shall develop the Construction Submittal Items List in accordance with
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 1 - Design Requirements.
3.0.10 TEMPORARY FACILITIES DURING CONTRUCTION
☐Temporary facilities and bypass pumping are not required.
☐Temporary facilities and bypassing during construction are required, as described under the
“Temporary Facilities During Construction” paragraph under the Project Elements, and shall be
described in words on the drawings and technical specifications.
☒Detailed plans and work sequence for temporary facilities and bypassing during construction,
as described under the “Temporary Facilities During Construction” paragraph under the Project
Elements.
A. CONSULTANT shall design measures for the temporary handling of flows to be
implemented by the Contractor during construction considering OC San’s goal of zero sewage
spills.
B. If existing facilities such as valves, gates, stop logs, etc. are being used for shutdowns or
diversions, include a plan for testing those facilities during Phase 3 - Design to verify that they
will function adequately for the purpose. If testing cannot be performed, CONSULTANT shall
identify the risks associated with using the facility for bypassing, along with contingency plans
and mitigation measures to be implemented if they are found not function adequately during
construction.
DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance
Exhibit 1 - Preliminary Design Report Requirements
B. Exhibit 1 - Design Requirements.
C. Design Information
1. CONSULTANT shall include the following material with each Design Submittal:
a. CONSULTANT shall maintain the Project Logs specified under Phase 2 Project
Management through Phase 3. Current copies of all logs shall be included with each
Design Submittal.
b. Written response log to OC San comments on the previous submittal.
c. CEQA and Regulatory Compliance Matrix. This matrix shall list each applicable
CEQA mitigation requirement and all known permit requirements with the corresponding
description of how each requirement is to be satisfied. Measures to satisfy requirements
might be in the GRs, Additional GRs, particular specification requirements, or actions
taken separately from the construction contract.
d. Calculations
e. Draft or final Geotechnical Reports not submitted in the previous submittal and those
revised since the previous submittal.
f. Proposed list of suppliers to be named in the specifications for major equipment
g. Draft or final Fire Protection Reports not submitted in the previous submittal and
those revised since the previous submittal.
3.1
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h. Draft or final Field Findings Reports not submitted in the previous submittal and
those revised since the previous submittal.
i. Equipment data sheets
j. Equipment catalog cuts and vendor quotations.
k. Commissioning Package List: The Preliminary Commissioning Package List first
developed in the PDR Production Phase shall be updated in each Design Submittal and
used as a starting point to develop the list of commissioning procedures.
l. All memos that are prepared since the previous submittal was delivered.
D. Facility Operation and Maintenance
☐Not required.
☒Update operating philosophies
☐Update estimates of Operation and Maintenance staffing requirements
E. Electrical Deign Documentation
☐Electrical design documentation not required.
☒ Updated Electrical Load Criticality Table
☒ Electrical Analysis Report
☒ Load list for all equipment
☒ Equipment sizing from three manufacturers for motor control centers, switchgear, and power
panels
☒ Lighting calculations
☒ Standby generator loading calculations
☒ Ductbank cable pulling tension, derating and cable tray fill calculations
F. Power System Studies
☐ETAP not required.
☒Plant ETAP model for the project performed by OC San.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
A. The CONSULTANT shall provide a cost estimates for the associated design submittal
indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements
B. Exhibit 1 - Design Requirements.
☒Design Submittal 1 (Required in addition to Exhibit 2 and Engineering Design Guidelines
requirements)
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A. The CONSULTANT shall provide a Preliminary Construction Schedule for the associated
design submittal indicated below in accordance with Exhibit 1 - Preliminary Design Report
Requirements
B. Exhibit 1 - Design Requirements.
☐Construction Schedule is not Required
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☒Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A. The CONSULTANT shall recommend the appropriate procurement alternatives as described
in Exhibit 1 - Preliminary Design Report Requirements
B. Exhibit 1 - Design Requirements.
☐Procurement alternatives not required
☒Procurement alternatives required
C. Equipment that may be needed to be obtained from a sole source supplier for this project
includes:
1. Primary clarifier aluminum covers from Halsten Corporation
DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants,
including reviewing their work products prior to submission to OC San.
3.2.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. CONSULTANT services related to Easements, Property Boundaries and Work Area Limits
on the project are specified in Phase 2 – Preliminary Design and those services shall continue
during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours
between Phase 2 and Phase 3 based on when these services will be required.
3.2.2 TOPOGRAPHIC SURVEY
A. CONSULTANT services related to Topographic Survey on the project are specified in Phase
2 – Preliminary Design and those services shall continue during Phase 3 – Design as required.
CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when
these services will be required.
3.2.3 GEOTECHNICAL BASELINE REPORT
1. CONSULTANT shall prepare a Geotechnical Baseline Report (GBR). The GBR shall be
prepared by the prime CONSULTANT, rather than by the Geotechnical Subconsultant that
prepared the Geotechnical Data Report.
2. The Geotechnical Baseline Report (GBR) shall conform to the most recent issue of the
American Society of Civil Engineers (ASCE) “Geotechnical Baseline Reports of
Underground Construction: Guidelines and Practices”.
3. The GBR shall be site specific and shall include a narrative of all known soil conditions
and subsurface expected constraints. The GBR shall establish quantitative thresholds and
shall make specific recommendations to the Contractor regarding actions to be taken by the
Contractor during construction, such as dewatering, removal of boulders by size, all other
excavation and backfill stages, etc. Thresholds expressed as ranges of values will not be
acceptable to OC San (i.e. 100-200 gpm, or 5-10 CY). All thresholds shall be expressed in
the form of one number (i.e. 150 gpm, or 7 CY).
4. The GBR will be used during construction to enforce the Differing Site Condition clause
included in the construction Contract Agreement.
3.2
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5. The draft GBR shall be submitted to OC San staff for review and comments along with
the DS2 submittal package. The final GBR incorporating OC San comments shall be
submitted with the DS3 submittal package.
3.2.4 UTILITY INVESTIGATION
A. CONSULTANT services related to Utility Investigation on the project are specified in Phase
2 – Preliminary Design and those services shall continue during Phase 3 – Design as required.
CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when
these services will be required.
B. Final Design Submittal Utility Coordination Reviews
1. During DS3 submittal review, the CONSULTANT shall meet with outside agencies to
verify any changes made by agency during final design period and compare them with the
Contract Drawings. CONSULTANT shall follow through with due diligence on utilities that do
not participate in the USA program, unknown owner of a facility and/or abandoned utilities.
2. During DS3 submittal review, an on-site inspection shall be made in the project area.
During the on-site inspection, a senior-level CONSULTANT representative shall walk the site
accompanied by OC San’s Project Engineer and Supervising Inspector. The
CONSULTANT’s representative shall be experienced in the location and identification of
utilities in the field. During the on-site inspection the CONSULTANT shall document all
visible features that indicate utilities within the project area and compare them with the
Contract Drawings.
3.2.5 FIRE PROTECTION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to determine the fire protection
requirements, prepare final plans and specifications for the selected plan and assist OC San in
obtaining approval from the fire authority.
3.2.6 NOISE EVALUATION SERVICES
A. CONSULTANT shall secure the services of a Subconsultant to prepare a field finding Noise
Report. This report shall include the following:
1. Visit site and conduct ambient noise measurements to establish baseline.
2. Identify external sources of noise.
3. Identify potential methods for defining noise impacts.
4. Develop noise model consistent with noise impact assessment methods.
5. Determine exterior noise levels and compliance with assessment standards.
6. If required, develop mitigation measures to meet design standards.
7. Determine compliance with OSHA’s regulations.
8. If needed, determine mitigation measures to meet OSHA’s requirements.
9. Prepare written report on findings and recommendations.
3.2.7 ENVIRONMENTAL DOCUMENTATION
A. CONSULTANT services related to Environmental Documentation on the project are
specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 -
Design. The CONSULTANT shall allocate the budgeted hours between the Environmental
Documentation services in Phase 2 and Phase 3 based on when these services will be required.
3.2.8 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance on the project are specified in
Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design.
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CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in
Phase 2 and Phase 3 based on when these services will be required.
3.2.9 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution,
schedule, budget, subconsultants, and coordination with other projects. CONSULTANT services
related to Project Management on the project are specified in Phase 2 – Preliminary Design and
those services shall continue during Phase 3 – Design as required. CONSULTANT shall
allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will
be required.
3.2.10 RISK MANAGEMENT
A. CONSULTANT shall provide risk management in accordance with Exhibit 3 - Risk
Management Requirements. Moderator shall be as specified for Phase 2 – Preliminary Design.
B. Risk Management:
☐Not required
☒Required
☒DS1 Risk Workshops: 1 hour (held during OC San’s review of DS1 at OC San)
☒DS2 Risk Workshops: 1 hour (held during OC San’s review of DS2 at OC San)
☒DS3 Risk Workshop: 2 hours (held during OC San’s review of DS3 at OC San)
3.2.11 QUALITY CONTROL
A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 5
- Quality Control Requirements.
☐Independent Multi-Discipline Design Workshop is not required.
☒Independent Multi-Discipline Design Workshop is required. (minimum duration of 4 days)
DESIGN WORKSHOPS AND MEETINGS
3.3.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in
accordance with Exhibit 4 - Workshop and Meeting Requirements.
3.3.2 DESIGN PHASE WORKSHOPS
A. The focus of workshops is to review project progress to date and the technical decisions that
have been made in focused meetings. CONSULTANT shall conduct the workshops listed below
in Phase 3 – Design. The CONSULTANT shall allow the following time for each workshop:
DESIGN PHASE WORKSHOPS
WORKSHOP TYPE DURATION
Design Kickoff Workshop 2-4 hours
Design Review Meetings 2 – 4 hours per discipline
Design Validation Meeting 2-4 hours
B. The following Design Review Meetings shall include the following topics, as applicable to the
project:
1. Electrical
2. I&C
3. Process
4. Civil/Yard
3.3
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5. Construction
6. Maintainability
C. A series of workshops shall be provided for the Design Review Meetings.
D. During final design, workshops shall be held after each design submittal.
3.3.3 PRE-DS2 CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held prior to the DS2 submittal and shall be a 3 day
workshop. The constructability review is intended to provide OC San with an objective third-party
review of the Bid Documents for effectiveness in communicating information to prospective
bidders. The review shall determine if the Bid Documents have sufficient information needed to
bid and construct the project and avoid misunderstandings and misinterpretations that may lead
to conflict, confusion or claims during construction. This review is not a comprehensive plan
check, a dimensional check or a value engineering assignment. Further, it is recognized that
comments may only be given on the level of detail provided at this level of design.
B. Constructability review participants shall include highly experienced individuals from
construction companies, OC San construction management staff and CONSULTANT
construction management staff. Specialty Consultants and discipline engineers may also be
included.
C. Each constructability review participant shall receive a package at least two weeks in
advance. The package shall include plans and specifications, general conditions, the CPM
schedule, the construction cost estimate, permits, and other pertinent information. The
confirmation statements regarding the size-critical equipment as required in the Engineering
Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.2.15.2
“Size-Critical Equipment” shall also be included in the review package.
D. The constructability review shall be held on-site.
E. Day 1 shall start with a site visit, for the reviewers to acquaint themselves with the site
conditions. After the site visit, the CONSULTANT shall make a short presentation, followed by a
question and answer period. This is anticipated to take about 1/2 day. The second half of Day 1,
Day 2, and the first half of day three shall be individual workdays for the Constructability Review
Team. The CONSULTANT shall not attend, although one designated individual from the
CONSULTANT’s Design Team shall remain to answers questions and gather additional
information that the constructability review team might need.
F. On the afternoon of Day 3, the CONSULTANT shall return and listen to comments from the
Constructability Review Team. A designated individual shall record the comments, and take
notes from the workshop, to document the process.
G. Topics the Constructability Review Team must consider shall include:
1. Project consistency, discrepancies, and constructability issues
2. Contradictions, bid package strategies, and biddability issues
3. Power outages and equipment shutdowns
4. Size critical equipment requirements and constraints
5. Utility company requirements
6. Construction methods and mitigating impacts
7. Viability of equipment relocation
8. Operational requirements
9. Interim Control Plan
10. Access for maintenance
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11. Access to make proper connections
12. User-friendliness and safety
13. Coordination with other projects
14. Draft Commissioning Plan
15. Public nuisance issues
16. Risk sharing
17. Construction sequencing and schedule, materials storage and work zone accessibility
18. Clarity of the scope of work, and interface activities
19. Impacts on existing operation
20. Access
21. Cost control
22. Partnering with contractor
23. Other local conditions and constraints
H. The Constructability Review Team shall provide a list of comments and the CONSULTANT
shall respond to each comment, selecting those comments to be included in the final plans and
specifications.
I. To facilitate the Constructability Review Workshop, CONSULTANT shall complete the
following tasks:
1. Prepare package for constructability review participants. The package shall consist of
detailed plans and specifications and other information selected by CONSULTANT. The
package shall be mailed to participants at least one week prior to the workshop.
2. Arrange for off-site location for Constructability Review Workshop.
3. Provide for a constructability review facilitator.
4. Prepare presentation on the project for the Constructability Review Team.
5. Meet with Constructability Review Team to receive comments.
6. Provide listing of constructability review comments and action taken on each comment.
(The summary report of constructability review comments shall be prepared by the
Constructability Review Team.)
J. All comments and recommendations of the workshop shall be incorporated into the Bid
Documents at no additional cost to OC San.
K. Prior to DS3, the Commissioning Team shall also conduct an additional constructability
review of the final Bid Documents to review clarity of the bid package, project completeness, and
other issues, as necessary.
3.3.4 DESIGN PHASE MEETINGS
A. Technical Progress Meetings
1. Technical Progress Meetings shall be held every 2 weeks to review various issues with
OC San’s project team. The CONSULTANT shall coordinate with the OC San Project
Manager to determine what topics will be covered in what meetings, and what OC San and
CONSULTANT team members are required for each.
B. Focused Meetings
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1. Focused meetings shall be held throughout design to discuss specific issues in detail
and generate comments and direction from OC San staff. The following tentative list of
topics may be covered in these meetings:
a. Site survey
b. Site utility coordination
c. Geotechnical report
d. Quality control plan
e. Common names for facilities and equipment
f. Process Flow diagram/Operating Philosophy (several meetings as needed)
g. Permits
h. Confined space and other safety requirements
i. Fire Department requirements
j. Fire protection
k. Landscaping plan
l. Architectural concepts
m. Survey and geotechnical requirements
n. Potholing
o. Hazardous Area classification (with OC San Authority Having Jurisdiction
representative participating)
p. Utilities and utility tie-ins
q. Technical Definitions/equipment data sheets
r. Control concepts
s. Instrumentation and control upgrades
t. Sample P&ID; basis for equipment tag numbering
u. Sample control descriptions
v. Sample EID database
w. Sample SAT database
x. Data network block diagram/network connection diagram
y. I/O relocation plan
z. Electrical distribution system, system controls and the related upgrades
aa. Single-line diagrams and electrical demolition
bb. Modes and analyses cases for electrical studies
cc. Criticality table update
dd. Standby power
ee. Construction sequencing
ff. Special studies
gg. Coordination with other projects
hh. Additional meetings as necessary
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2. Each meeting shall generally be 2-4 hours in length. CONSULTANT shall determine
how many meetings will be needed to cover these topics. CONSULTANT may suggest
additional topics as necessary. Supplementary meetings may be scheduled with OC San
staff, as necessary to allow coordination between the CONSULTANT and OC San staff.
3.3.5 CONSULTANT OFFICE TECHNICAL MEETINGS (COTMS)
A. OC San has found it mutually beneficial to visit the CONSULTANT offices from time to time
to observe the detailed design in process, answer detailed technical questions, and establish
lines of communications with CONSULTANT staff. During the Design Phase, CONSULTANT
shall arrange for OC San staff to meet in CONSULTANT’s work center and audit “over the
shoulder” design reviews with CONSULTANT’s staff. The reviews will be monitored by a
member of CONSULTANT’s Management Team. Signification decisions will be reported to
Consultants Project Manager and OC San’s Project Manager and logged into the Decision Log.
Action items will be identified.
B. The CONSULTANT shall schedule, at a minimum, the following CONSULTANT Office
Technical Meetings (COTMs):
1. One four-hour visit to review the Loop Tag Number scheme and control documentation.
2. Three four-hour visits to review CONSULTANT Implementation of CAD standards and
P&ID tag extraction.
3. Two four-hour visits to review the first few P&ID drawings.
4. Two four-hour visits to review the early Control Strategies.
5. One four-hour visit to establish the basic control panel design.
6. One four-hour visit to review the Conduit, Tray and Cable Schedules
7. One four-hour visit to review each of the first elementary diagrams, first panel
schematics.
8. Six two-hour follow up visits for the above.
9. One six-hour visit to review each of the SAT and EID products, including P&ID, SAT and
EID coordination.
C. The CONSULTANT shall schedule each of the above COTMs and shall coordinate with OC
San’s Project Manager to be sure the correct personnel participate in the meetings. The
CONSULTANT may propose additional, eliminate, or combine COTMs as needed to support the
detailed design.
D. OC San may also request additional “over the shoulder” design review meetings to audit the
design in other areas not listed above. CONSULTANT shall anticipate that OC San will request
review of the technical progress of the work in “over the shoulder” meetings at a minimum, prior
to every design submittal.
3.3.6 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing
facilities and coordinated with other construction projects. CONSULTANT shall coordinate
potential conflicts with the following adjacent projects and participate in the number of meetings
indicated in the following table:
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PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
P1-140 Activated Sludge-1 and
Secondary Clarifier
Rehabilitation
2 meetings @ 1.5 hours
P1-105 Headworks Rehabilitation at
Plant 1
2 meetings @ 1.5 hours
Other projects coordination Other projects coordination 4 meetings @ 1 hour
3.3.7 COMMISSIONING TEAM MEETINGS
A. Design phase commissioning team meetings shall be held on a monthly basis after
completion of OC San’s review DS2.
B. Meetings will generally be 2-4 hours in length. CONSULTANT shall determine how many
meetings shall be needed to cover these topics and organize the topics accordingly.
CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be
scheduled with OC San staff, as necessary, to allow coordination between CONSULTANT and
OC San staff.
C. The Commissioning Team meetings shall cover the following subjects:
1. Provide a detailed review of the proposed construction sequencing plan and make
recommendations for improvements. These recommendations shall be incorporated into the
plans and specifications as appropriate. Possible incentives for the Contractor to finish the
project early shall be explored.
2. Identify procedures, testing requirements and sequencing for commissioning.
3. Develop a detailed outline of the commissioning plan to be incorporated into the
Commissioning Procedures specification based on the results of the recommended
construction sequencing plan.
4. Prepare testing requirements and plan to prove process performance relative to design
criteria developed in the PDR. Testing shall be performed after the RAT and supervised by
the CONSULTANT.
5. Identify timing within the construction contract schedule when commissioning activities
are required, including hold points for testing and inspection.
6. Identify roles and responsibilities of the Project Manager, Resident Engineer, Inspector,
Project Engineer, PCI, Engineering support, Design CONSULTANT and Contractor.
7. Develop a timeline of commissioning
8. Develop a commissioning specification
9. Develop standard forms for testing and commissioning documentation
10. Electrical, mechanical and process tie-ins
11. Startup requirements and testing
12. O&M training
3.3.8 SAFETY AND RISK MEETING
A. Meet with OC San Safety and Risk Management personnel between DS2 and DS3 to review
the plans and specifications in accordance with OC San safety policies and OC San Risk
Management goals.
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3.3.9 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A. Meet with OC San between DS2 and DS3 to review the CONSULTANT’s approach to
developing the project Construction Submittal Items List using Exhibit 17 and the
CONSULTANT-provided specifications and discuss the grouping of submittals in commissioning
packages and phases.
3.3.10 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OC San’s stormwater compliance staff to review the
project scope and identify all issues during and after construction affecting compliance with
stormwater regulatory requirements and OC San’s policies and practices.
BID PHASE SUPPORT SERVICES
3.4.1 BID PHASE SUPPORT SERVICES
A. CONSULTANT shall provide the following bid period services:
1. Participate in the pre-bid meeting.
2. Prepare project drawing set and project specification addenda to provide clarification
and resolve errors and omissions identified prior to bid opening.
3.4.2 BID EVALUATION ASSISTANCE
A. Participate in reviewing alternate equipment proposals from the Contractor, if applicable.
B. Participate in the evaluation of the submitted bids, furnish consultation and advice to OC
San staff and assist with all the related equipment, cost, and other analyses as required to
finalize the award decision.
3.4.3 CONFORMED DOCUMENT PREPARATION
A. Within two weeks of the bid date, prepare conformed documents set (drawings, databases,
specifications and other required materials) that incorporates the addenda. See Engineering
Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.4
“Preparation of Project Deliverables” for requirements as modified in Section V of this Scope of
Work, “Project-Specific Deviations from OC San Design Guidelines” and the requirements of the
CAD Manual).
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
Not in this Scope of Work.
5. PHASE 5 – COMMISSIONING SERVICES
Not in this Scope of Work.
6. PHASE 6 – CLOSE OUT
Not in this Scope of Work.
7. GENERAL REQUIREMENTS
GENERAL
7.0.1 OC SAN ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A. CONSULTANT shall refer to and adhere to the requirements of OC San Safety Standards,
OC San Engineering Design Guidelines, any deviations to the Engineering Design Guidelines
listed below, and other OC San’s Design Standards referenced therein. Exhibit 15 - Spec
Review using Microsoft Word and Teams
3.4
7.0
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B. Exhibit 16 - OC San Engineering Design Guidelines and Standards – Available online
at https://www.OC San.com/about-us/transparency/document-central/-folder-917 is a complete
set of the OC San Safety Standards and OC San Design Standards, the latest edition at the time
of the design proposal stage.
C. The Engineering Guidelines define what plant design concepts/tools/methods and project
management requirements shall be adhered to and in what manner they shall be used/provided
by Consultants, e.g., requirements regarding design concepts, submittals, documentation
details, use of OC San Master Specifications, and other related OC San Standards, etc.
D. Refer also to Section “CONSULTANT’s Responsibilities” in OC San Engineering Design
Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that mandates rules
and conventions to be used in all OC San project specifications.
E. The project Scope of Work defines whether or not each specific deliverable described in the
Guidelines shall be part of the project and when each task shall take place.
F. The project Scope of Work also includes requirements that supplement and/or modify the
Guidelines requirements for this project.
G. The project Scope of Work and OC San Engineering Design Guidelines impact
CONSULTANT’s project cost.
H. Except as specified in this Scope of Work, design of all facilities shall conform to the
recommendations of the currently approved Master Plan for OC San facilities. The project shall
also incorporate all applicable mitigation measures included in associated environmental
documents and site-specific local requirements.
I. In addition, OC San will require the CONSULTANT to follow subsequent revisions of OC
San Safety Standards, OC San Engineering Design Guidelines and other OC San Design
Standards up to transmittal by OC San of comments on Design Submittal 1, shall be
incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-
Exceed upper limit on fees.
J. OC San may update OC San’s Master Specifications and/or add new OC San Master
Specifications up to transmittal by OC San of comments on Design Submittal 2. The
CONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal.
K. The CONSULTANT shall not begin editing the project specifications until the project team
meets with OC San’s Design Standards Custodian to discuss and receive comments regarding
the CONSULTANT’s proposed list of project specifications. This meeting will be used to
determine which specifications are to use OC San’s master specifications, and where other
sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A. Project tasks and deliverables shall include the requirements described in this Scope of
Work. CONSULTANT shall also refer to Appendix A of OC San Engineering Design Guidelines
for the level of detail requirements for individual deliverables in each Phase of the project not
covered in the Scope of Work.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A. CONSULTANT shall develop with OC San staff and include in the Bid Documents detailed
requirements for construction sequencing and constraints. These shall ensure safe and reliable
operation and maintenance of OC San facilities. The facilities must be kept on-line and fully
operational with minimal interruptions throughout construction.
7.0.4 WORKING HOURS
A. Meetings with OC San staff shall be scheduled from Monday through Thursday between the
hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to OC
--
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San work schedules. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter
01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements.
7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS
A. All the details used in the project (OC San’s Standard Drawings and CONSULTANT-
developed typical details) shall be shown on the Plans.
7.0.6 SOFTWARE
A. The CONSULTANT is expected to develop and provide the deliverables using the standard
software currently approved for use by OC San. The standard OC San software includes, but is
not limited to, the following:
B. Any software that the CONSULTANT needs to comply with these standards shall be
purchased and maintained by the CONSULTANT at no additional cost to OC San. In the event
OC San provides the CONSULTANT with access to OC San software and hardware at an OC
San facility in order to facilitate performance of their work, all software shall remain the property
of OC San. Only software licensed to OC San shall be installed on OC San equipment. In
addition, only OC San IT Department staff will perform the installation of this software.
C. Refer to Chapters 10 and 11 and Appendix A of OC San Engineering Design Guidelines for
requirements on preparation of Criticality Tables and ETAP, SAT, and EID databases. Refer to
OC San CAD Manual and to Chapter 11 and Appendix A of OC San Engineering Design
Guidelines for requirements regarding P&ID drawings.
7.0.7 SUBMITTAL REVIEW USING BLUEBEAM
A. OC San has standardized on the use of Bluebeam Revu for reviewing and providing
comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for
review. See Exhibit 14 - Bluebeam Designer User Training for a detailed explanation on how
Bluebeam will be used to provide, validate, and close submittal review comments.
B. Prior to submitting electronic PDF files, format them as indicated in Exhibit 13 - Bluebeam
Designer Training for Submission and “OC San CAD Standards Manual” prior to submission.
C. A one-hour training session on the use of Bluebeam and custom status menu will be
provided by OC San. All Consultant team members responsible for quality control and
reconciliation of submittal comments shall attend.
7.0.8 WORD TRACK CHANGES
A. Specifications documents and other MS-Word based deliverables will be hosted in OC San
Teams environment for review. The guidelines for reviewing and commenting on MS-Word files,
including Specifications reviews, can be found in Exhibit 15 - Spec Review using Microsoft
Word and Teams.
7.0.9 GIS SUBMITTALS
A. Consultant shall provide the following GIS deliverables propagated from approved design
submittals after the design submittal is accepted. These GIS submittals will not be reviewed or
presented by Consultant. The purpose is to provide project specific GIS layers that could be
used to visualize interproject dependencies and conflicts.
1. Electronic Submittal
a. Kmz files for use with Google Earth
2. Final PDR
a. Single project boundary (Polygon)
(1) Boundary to encompass all new facilities and existing to be modified including:
· Buildings\Structures
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· Tunnels
· Utilities
· Pavement
· Street boundary (ROW to ROW) of possible alignment
b. Structures (Polygon)
· New structure outline
· Additions to existing structures
· Structure label
3. DS1
a. Project boundary - updated from PDR
b. Structures - updated from PDR
c. Utilities (Polyline)
(1) Utility alignment
d. Manholes (Point)
e. Excavation of pits (Polygon)
(1) Pits that will stay open for extended duration
(2) CIPP
(3) Tunnel - jacking and receiving
(4) All pits should be labeled
4. DS2, DS3, and FDS
a. Project boundary - updated from previous DS
b. Structures - updated from previous DS
c. Utilities - updated from previous DS
d. Manholes - updated from previous DS
e. Excavation of pits - updated from previous DS
f. Critical (as defined by Dig Alert) utility crossings (Point)
(1) Crossing of Dig Alert critical utilities
(2) Critical utility label
· Natural gas
· Fuel pipeline
· 12 kV Electrical
g. Asphalt (Polygon)
(1) Asphalt to be replaced
7.0.10 PMWEB PROCEDURES
A. This Agreement shall utilize PMWeb as the Project Control Management System (PCMS) for
overall management of the Agreement. All PCMS related documents requiring formal signatures
shall be digital, and all copies digitally distributed. The PCMS conforms to the requirements set
forth in California Government Code section 16.5 regarding digital signatures; therefore, digital
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signatures are in full force and effect and are legally the same as a hand-written signature. At
least one PCMS account shall have the authority to approve Amendments.
OC SAN shall maintain the PCMS and serve as the administrator for the duration of this
Agreement. OC SAN will provide the CONSULTANT with user access for approved personnel
as needed for the duration of the Agreement. OC SAN shall control access to the PCMS by
assigning user profiles and login credentials. Notify OC San of any changes to personnel.
Access modifications shall be coordinated as needed throughout the Agreement. Do not to
share PCMS account passwords with anyone inside or outside of the company.
Routine maintenance of the PCMS system may be required during the Agreement. Access to
the PCMS system may be restricted or unavailable at these times and will be scheduled outside
of typical working hours whenever possible.
The PCMS is a web-based environment and is therefore subject to the inherent speed and
connectivity problems of the Internet. The CONSULTANT is responsible for its own connectivity
to the Internet. PCMS response time is dependent on the CONSULTANT’s equipment, including
processor speed, Internet access speed, Internet traffic, etc.
OC SAN will not be liable for any delays associated with the utilization of the PCMS including,
but not limited to: slow response time, down time periods, connectivity problems, or loss of
information.
The OC SAN will provide a one-time free training session of up to two (2) hours to train
CONSULTANT’s designated staff on general system requirements, procedures, and methods.
Automated system notifications generated via PCMS (e.g. in-system notices, system generated
email, or email with attachment) shall constitute a formal written notification in compliance with
the Professional Design Service Agreement (PDSA), Professional Construction Service
Agreement (PCSA), or Task Order (TO) Agreement.
8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN
GUIDELINES
The following Scope sections change the Engineering Design Guidelines requirements for this project
and apply to ALL its Project Elements:
ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN
GUIDELINES – GENERAL REQUIREMENTS”
8.0.1 SECTION 1.2.15 “MISCELLANEOUS REQUIREMENTS”
A. Section 4 “Pipe Supports”
1. Replace the entire section with the following:
CONSULTANT shall design pipe supports for pipes 12" and greater diameter.
Regardless of pipe size, CONSULTANT shall design improvements to existing pipe
supports (additional anchorage, support members, and/or bracing) where new conduit
and/or pipes are added that increase the supported gravity load by 5% or more, or
lateral seismic load by 10% or more. This condition could apply to some of the existing
pipe supports in the tunnels. No rehabilitation or replacement of any other supports were
assumed to be included. Design, calculations and drawings assumed for existing
tunnels are:
Civil tunnel plans assumed to have call outs to structural detail sheets for tunnel pipe
supports – three structural detail sheets for tunnel pipe supports are assumed. No
structural plan and section view sheets are assumed.
8.0
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For individually routed pipes that are less than 12” diameter, the majority of pipe support
locations will not be shown. However, the drawings will indicate required pipe support
locations for specific instances that require special attention for access and
maintenance. Specific pipe support details will not be called out at these locations since
the pipe supports will be designed by the Contractor. To ensure adequate maintenance
access is maintained, the design documents will include notes to indicate that no pipe
supports are to be placed in maintenance access spaces.
8.0.2 ENGINEERING DESIGN GUIDELINES CHAPTER 06, “MECHANICAL DESIGN”
A. Section 06.7 “Vibration Analysis for Rotating Electrical Equipment”
1. Replace the entire section with the following:
CONSULTANT shall perform a RUN evaluation for all pumping systems according to
ANSI/HI 9.6.8-2014 or latest (Rotodynamic Pumps—Guideline for Dynamics of Pumping
Machinery), to assess various vibration related phenomena. RUN is the general term
used to denote the quantity obtained from multiplying the Risk (R) value and Uncertainty
(U) value determined during the appropriate evaluation. This evaluation will help
determine the relevant analysis level required to appropriately evaluate pumping
machinery construction attributes and relevant site characteristics. CONSULTANT shall
obtain (from the manufacturers of the rotating equipment) or calculate (based on
anticipated turning speeds, operational requirements, etc.) the relevant equipment and
system natural and/or excitation frequencies. These frequencies will include any effect
from the various torsional, lateral, and structural behaviors of the equipment or system.
All other rotating equipment such as fans, blowers, compressors, and pumps/equipment
not covered by other standards or specifications, etc. shall undergo a similar evaluation
to determine relevant risk and analysis requirements to ensure project success and
reliability targets are met. For these other types of rotating equipment not covered by
other standards or specifications, the CONSULTANT shall propose a plan for OC San to
approve prior to analysis being performed accordingly.
For the purpose of estimating level of effort, the Risk Value, “R”, for critical equipment
that is required for continuous operation of a process system or where standard
equipment is modified slightly for this application, a R-Value of 4 should be assumed.
For systems dedicated to a redundant process train or where standard equipment is
used, a R-Value of 2 should be assumed.
The results from the above RUN evaluation shall be used by the CONSULTANT in their
subsequent design, to help provide a robust solution for the project needs. Iterations of
design and equipment substitutions shall trigger additional RUN evaluations and
analysis, as needed. Final equipment acceptability and commissioning shall be per
ANSI/HI 9.6.4-2009 or latest (Rotodynamic Pumps—for Vibration Measurements and
Allowable Values), applicable Part of ISO 10816 latest (Mechanical Vibration),
ANSI/AMCA 204-05:2012 or latest (Balance Quality and Vibration Levels for Fans), ISO
1940-1:2003 or latest (Mechanical Vibration—Balance Quality Requirements for Rotors
in a Constant (Rigid) State), and ISO 21940-12:2016 or latest (Mechanical Vibration—
Rotor Balancing—Procedures and Tolerances for Rotors with Flexible Behavior) as
applicable. In addition, all loads, forces and moments imparted to equipment or piping,
including resonance, shall be fully mitigated and all usage cases analyzed and
documented per ASME 31.3-2018 or latest (Process Piping) at a minimum, and properly
designed within applicable allowable stresses, etc. If there are conflicts in the standards
specified, the more stringent value or condition to prevail.
8.0.3 NOT USED
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Page 60 of 61
8.0.4 ENGINEERING DESIGN GUIDELINES, CHAPTER 11, “INSTRUMENTATION AND
CONTROL”
A. Section 11.4.1 “Requirements Study”
1. The Requirements Study shall not be part of the Scope of Work.
9. STAFF ASSISTANCE
OC San staff member or designee assigned to work with CONSULTANT on the design of this project is
Bob Tran at (714) 593-7463, e-mail to: btran@ocsan.gov.
10. EXHIBITS
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 1 - Design Requirements
Exhibit 2 - Project Management Requirements
Exhibit 3 - Risk Management Requirements
Exhibit 4 - Workshop and Meeting Requirements
Exhibit 5 - Quality Control Requirements
Exhibit 6 - Design Submittal Requirements Matrix
Exhibit 7 - Project Schedule Calculation
Exhibit 8 - Deliverables Quantities
Exhibit 9 - Sample Construction Cost Estimate Format
Exhibit 10 - Sample Full Project Safety Review Plan
Exhibit 11 - Sample Risk Management Check List
Exhibit 12 - Sample MMRP Log
Exhibit 13 - Bluebeam Designer Training for Submission
Exhibit 14 - Bluebeam Designer User Training
Exhibit 15 - Spec Review using Microsoft Word and Teams
Exhibit 16 - OC San Engineering Design Guidelines and Standards – Available online at
https://www.OC San.com/about-us/transparency/document-central/-folder-
917
Exhibit 17 - Not Used
Exhibit 18 - Project Reference Material
· P1-20 Headworks No. 2 at Plant No. 1 Record Drawings – 1987
· Plant No. 1 Hydraulic Map
· P1-126 Concept Report
· PS19-02 Circular Primary Clarifier Replacement Phasing Study at Plant No. 1
Final Report
· SP-173 Appendix H Hydraulic Model Final Report
· SP-173 Appendix H Hydraulic Model Reference Files (Example only, not full
set)
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· PS17-09 Peak Flow Calibration of Plant 1 and Plant 2 - Infoworks Model Final
Report
· P2-98A Primary Clarifier Cover Drawings
· P1-101 East Perimeter Road Pipe Rack Drawings
· Single Line Drawings
Exhibit 19 - Sample Criticality Data Table
Exhibit 20 - Commissioning Procedure Training
Exhibit 21 - ORT Procedure Examples
Exhibit 22 - Pre-FAT Procedure Examples
Exhibit 23 - Sample FAT Procedure
Exhibit 24 - Sample RAT Procedure
Exhibit 25 - Project J-47 Cable Tray Improvements Preliminary Design Report for Plant
No. 1
Exhibit 26 – Not Used
Exhibit 27 - Cable Conduit and Tray Schedule Database
BT:AB:sa
3/29/2022
1
Primary Sedimentation Basins No. 3‐5
Replacement at Plant No. 1
Project No. P1‐126
Presented by:
Don Cutler
Engineering
Supervisor
Operations
Committee
April 6, 2022
Consultant Award
2
What is Primary Sedimentation?
Primary Sedimentation
1
2
Raw Sewage
3/29/2022
2
3
Project Overview
Boardroom
Rectangular
Basins
Primary
Treatment
Odor Control
Circular
Basins
Project No. P1‐126
4
•Circular basins are in very poor condition
•60+ years old
What
is the
Problem?
3
4
3/29/2022
3
5
What is the Problem?
6
Proposed Solution
Replace Odor
Control
Replace Circular
Basins
1
2
Demolish
Clarifiers 1 and 2
4
Remove Primary
Effluent Pump Station
5
Replace/Rehab
Pipes and Boxes
3
Secondary
Treatment
5
6
3/29/2022
4
7
Construction Cost Increase
•Construction estimate increased
•$75M (Original) $119M (Updated)
2017
Concept Report
$67M
2021
Add Odor Control
$75M
2022
PDSA RFP
Consultants Indicate
Construction
Estimate Low
2022
OC San Reviews and
Validates New
Estimate
$119M
8
Proposed Budget
Proposed Budget* $183 Million
Construction $119 Million
Non‐construction cost $ 64 Million
* To be requested as part of the FY 22‐23 and 23‐24 Budget
Current Budget $127 Million
7
8
-----,
3/29/2022
5
9
•Three proposals received
•Interviews conducted with top two firms
•Black & Veatch selected
Selection
Process
10
•Project management hours adjusted to allocate less to
senior level staff
•Meeting and workshop assumptions coordinated to
reduce overall effort
•Various minor additions to scope
Negotiations
Original Proposal Negotiated
Total Hours 69,996 70,451
Total Fee $15,404,103 $14,163,000
9
10
3/29/2022
6
11
Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement
with Black & Veatch to provide engineering
services for Primary Sedimentation Basins No. 3‐5
Replacement at Plant No. 1, Project No. P1‐126,
for an amount not to exceed $14,163,000; and
B. Approve a contingency of $1,416,300 (10%).
Recommendation
Questions
?
12
11
12
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2254 Agenda Date:4/27/2022 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
SANTA ANA TRUNK SEWER REHABILITATION, PROJECT NO. 1-23
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Professional Design Services Agreement with Stantec Consulting Services Inc. to
provide engineering services for Santa Ana Trunk Sewer Rehabilitation, Project No. 1-23, for
an amount not to exceed $3,880,000; and
B. Approve a contingency of $388,000 (10%).
BACKGROUND
The Santa Ana Trunk, which carries sewage from the southern portion of Santa Ana and the northern
portion of Costa Mesa to Orange County Sanitation District (OC San) Plant No. 1, was originally
constructed in the early 1950s. Several projects have replaced or rehabilitated small portions of the
pipe and rehabilitated the majority of the manholes in the past 60 years.
The project area for the Santa Ana Trunk Sewer Rehabilitation is located in Alton Avenue heading
west from Bristol Street then diagonally through easements in a light industrial/commercial area
toward Plant No. 1. The Santa Ana Trunk sewer is constructed of unlined 42-inch and 48-inch
diameter reinforced concrete pipe.
RELEVANT STANDARDS
·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and
equitable fees”
·Protect OC San assets
·Commitment to safety & reducing risk in all operations
PROBLEM
Closed circuit television inspections and corrosion assessments revealed severe defects, including
exposed aggregate, exposed reinforcement steel and infiltration in the pipelines, as well as exposed
aggregate and liner detachment in some manhole structures.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2254 Agenda Date:4/27/2022 Agenda Item No:9.
PROPOSED SOLUTION
Award a Professional Design Services Agreement for Project No.1-23 to rehabilitate the corroded
sewer pipelines and manholes for the Santa Ana Trunk Sewer north of Interstate 405.The design
will rehabilitate approximately 15,000 feet of sewers and associated manholes.Construction of the
project is expected to require significant bypass pumping,which requires careful design and
coordination with neighbors and businesses to minimize public impacts.
TIMING CONCERNS
The schedule driver for this project is to resolve the current deficiencies to reduce the risk of pipeline
failure.
RAMIFICATIONS OF NOT TAKING ACTION
Without this project, the pipeline is at risk of failure, which would cause a major sewage spill.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
OC San requested and advertised for proposals for Santa Ana Trunk Sewer Rehabilitation,Project
No.1-23,on October 14,2021.The following evaluation criteria were described in the Request for
Proposals and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 40%
Related Project Experience 35%
Project Team and Staff Qualifications 25%
Four proposals were received on December 14,2021 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
OC San staff:CIP Project Manager,Senior Engineer,two Engineering Supervisors,and a
Maintenance Supervisor.The Evaluation Team also included one non-voting representative from the
Contracts Administration Division.
The Evaluation Team scored the proposal on the established criteria as summarized in the table
below:
Firm Approach (Max
40)
Related
Experience
(Max 35)
Team (Max
25)
Total Score
(Max 100)
1 AECOM Technical
Services, Inc.
36 27 21 84
2 Stantec Consulting
Services, Inc.
35 29 19 83
3 Atkins North America, Inc.22 20 13 55
4 Carollo Engineers, Inc.23 18 13 54
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File #:2022-2254 Agenda Date:4/27/2022 Agenda Item No:9.
Firm Approach (Max
40)
Related
Experience
(Max 35)
Team (Max
25)
Total Score
(Max 100)
1 AECOM Technical
Services, Inc.
36 27 21 84
2 Stantec Consulting
Services, Inc.
35 29 19 83
3 Atkins North America, Inc.22 20 13 55
4 Carollo Engineers, Inc.23 18 13 54
Based on this scoring,two Consultants were shortlisted for interviews on January 12,2022.
Following the interview,each member of the Evaluation Team scored the Consultants based on both
the proposals and interviews using the evaluation criteria and weighting described above.Based on
the scoring shown below,Stantec Consulting Services,Inc.was selected as the most qualified
Consultant.
Firm Approach (Max
40)
Related
Experience
(Max 35)
Team (Max
25)
Total Score
(Max 100)
1 Stantec Consulting
Services, Inc.
39 31 22 92
2 AECOM Technical
Services, Inc.
34 29 18 81
Stantec Consulting Services,Inc.,the proposer with the highest score,demonstrated a clear
understanding of the Scope of Work by highlighting key challenges for each element and providing
potential mitigation solutions,has a proven team with great experience on similar projects,and
showed an understanding of the decisions that need to be made during Preliminary Design to start
Design with a well-defined scope.Their approach to develop a detailed implementation plan and get
buy-in from stakeholders in preliminary design mitigates major risks for this project.Therefore,the
Evaluation Team determined that Stantec Consulting Services,Inc.is the most qualified firm to
complete the Scope of Work.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with the Purchasing
Ordinance,the fee proposal of only the highest-ranked firm was opened after approval by the
Director of Engineering of the Evaluation Committee’s recommendation.
To meet the goals and objectives of the Project,on January 18,2022,the Evaluation Team began
negotiations with Stantec Consulting Services,Inc.to clarify the requirements of the Scope of Work,
the assumptions used for the estimated level of effort,and the proposed approach to meet the goals
and objectives for the project.Negotiations included multiple meetings and emails to verify
assumptions and level of effort,resulting in an increase in the level of effort of 18 tasks by
approximately $385,000,a decrease in the level of effort of 15 tasks by approximately $173,000,and
a net increase of approximately $212,000.
During negotiations,the design schedule duration was decreased by three weeks,a total of 28
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File #:2022-2254 Agenda Date:4/27/2022 Agenda Item No:9.
During negotiations,the design schedule duration was decreased by three weeks,a total of 28
drawings were added,the level of effort for Preliminary Design was increased,field activity and
environmental documentation assumptions were refined,and scope was added for air pressure
monitoring to aid in the design of air jumpers.
The following table summarizes how the estimated level of effort was revised through the
negotiations process.
Original Fee Proposal Final Fee Proposal
Number of Drawings 135 163
Total Hours 15,425 17,211
Total Fee $3,667,767 $3,880,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 5.88%,which is based on an established formula based on OC
San’s standard design agreements.Staff is requesting a 10 percent contingency to address
revisions as the project progress through preliminary and final design.
Based on the above,staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to Stantec Consulting Services, Inc.
CEQA
The project is exempt from CEQA under Class 1,2,and 3 categorical exemptions set forth in
California Code of Regulations Sections 15301,15302,and 15303.A Notice of Exemption will be
filed with the OC Clerk-Recorder after OC San Board of Directors approval of the Construction
Contract.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted,(Budget Update,Fiscal Year 2021-2022,Appendix A,Page A-7,Santa Ana Trunk Sewer
Rehabilitation, Project No. 1-23) and the project budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Design Services Agreement
·Presentation
VP:jw
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PDSA PROJECT NO. 1-23
Revised 110221 SANTA ANA TRUNK SEWER REHABILITATION
Page 1 of 19
PROFESSIONAL DESIGN SERVICES AGREEMENT
This PROFESSIONAL DESIGN SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 27th day of April, 2022 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC
SAN"), and STANTEC CONSULTING SERVICES INC., (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT for Project No. 1-23, Santa Ana Trunk Sewer Rehabilitation; and to provide professional design services for rehabilitation of pipelines (lining) and manholes of a portion of the Santa Ana Trunk Sewer, (Services) 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, OC SAN has adopted procedures for the selection of professional design
services and has proceeded in accordance with said procedures to select CONSULTANT to perform the Services; and
WHEREAS, at its regular meeting on April 27, 2022, the Board of Directors, by Minute Order, accepted the recommendation of Operations Committee pursuant to OC SAN’s Ordinance No. OC SAN-56 to approve this Agreement. 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 (Subconsultants). Where
approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT shall respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations (i.e., DS1, DS2, DS3, and FDS). All comments shall be
PDSA PROJECT NO. 1-23
Revised 110221 SANTA ANA TRUNK SEWER REHABILITATION
Page 2 of 19
incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall
ensure that each submittal is 100% accurate for the level of work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of OC SAN 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. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from any other non-standard CAD format to OC SAN format shall not be acceptable in
lieu of this requirement. Electronic files shall conform to OC SAN specifications. Any changes to these
specifications by the CONSULTANT are subject to review and approval of OC SAN. Electronic files shall be subject to an acceptance period of 30 calendar days during
which OC SAN 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 OC SAN. E. The CONSULTANT shall ensure that all plans and specifications prepared, or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and specifications. Whenever the CONSULTANT
recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project.
F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of OC SAN. 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 OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN.
PDSA PROJECT NO. 1-23
Revised 110221 SANTA ANA TRUNK SEWER REHABILITATION
Page 3 of 19
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for the Services in accordance with the following provisions:
A. Total Compensation Total compensation shall be in an amount not to exceed Three Million Eight Hundred Eighty Thousand Dollars ($3,880,000). 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. B. Labor As a portion of the total compensation to be paid to CONSULTANT, OC SAN
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 OC SAN,
CONSULTANT shall provide OC SAN 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, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
PDSA PROJECT NO. 1-23
Revised 110221 SANTA ANA TRUNK SEWER REHABILITATION
Page 4 of 19
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. OC SAN 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 OC SAN 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. OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN
receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 -
COMPENSATION above. G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment information. H. Reimbursable Direct Costs OC SAN 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 OC SAN can be
found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN.
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Travel and travel arrangements – Any travel involving airfare, overnight stays or
multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN 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 OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN 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 OC SAN.
Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement.
I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN 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 OC SAN’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 OC SAN 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
OC SAN, 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
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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 OC SAN. 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 OC SAN. Upon approval of such payment request by OC SAN, 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 OC SAN 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 OC SAN’s Director of Engineering to be adequate
for the protection of OC SAN; or ii. The percentage of the work accomplished for each project element. He may, at his discretion, retain an amount equal to that which ensures 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 OC SAN'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, OC SAN 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 OC SAN, 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 OC SAN a release of all claims
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against OC SAN 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 OC SAN 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 OC SAN 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 OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN;
d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to
disclose the false claim to OC SAN within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations. D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
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6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS
A. Ownership of Documents for the 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 Services, shall be the property of OC SAN. OC SAN’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. OC SAN 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 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 OC SAN.
ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State
Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN 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 OC SAN 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
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Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by
submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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 OC SAN 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. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of
OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery
by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged. C. Umbrella Excess Liability The minimum limits of general liability and automobile 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 automobile liability. D. Automobile/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement.
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E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of one million dollars ($1,000,000) in form acceptable to OC SAN.
F. Workers’ 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 workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are
referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims.
G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder. 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 OC SAN a certificate of insurance in a form acceptable to OC SAN 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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H. Proof of Coverage
The CONSULTANT shall furnish OC SAN 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 OC SAN before work commences. OC SAN reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required. The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or other equivalent certificate
of insurance form
• Additional Insurance (General Liability)
The combination of (ISO Forms)
CG 20 10 and CG 20 37 All other additional insured endorsements must
be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below. I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue, Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
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J. Primary Insurance The general and automobile liability policies shall contain a Primary and “Non
Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT.
K. Separation of Insured The general and automobile liability policies shall contain a “Separation of
Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration
and defense expenses. N. Defense Costs The general and automobile liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
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8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by OC SAN, 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 OC SAN, 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 OC SAN. 10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and
all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the
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CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’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 OC SAN. 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 OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Attention: Wai Chan, Contracts Administrator Copy: Victoria Pilko, Project Manager Notices shall be mailed to CONSULTANT at:
STANTEC CONSULTING SERVICES, INC. 300 North Lake Avenue, Suite 400 Pasadena, CA 91101 Attention: Venu Kolli, Senior Principal Area Manager All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION
OC SAN 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 OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES.
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15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN. 16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208). 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this
document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
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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, OC SAN informs CONSULTANT that any part of the services fails to meet those standards, CONSULTANT shall, within the time prescribed by OC SAN, 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 OC SAN,
which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’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 CONSULTANT’s fees and costs and OC SAN’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.
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CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN 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 OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE
The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together
with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the
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Agreement, OC SAN 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, OC SAN 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 OC SAN.
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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the
Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
[THIS SECTION INTENTIONALLY LEFT BLANK]
PDSA PROJECT NO. 1-23
Revised 110221 SANTA ANA TRUNK SEWER REHABILITATION
Page 19 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above.
STANTEC CONSULTING SERVICES INC.
By _______________________________ _________________ Date
__________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By _______________________________ _________________ John B. Withers Date
Board Chairman By _______________________________ _________________ Kelly A. Lore Date Clerk of the Board By _______________________________ _________________ Ruth Zintzun Date Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work
Attachment “B” – Labor Hour Matrix Attachment “C” – Not Attached Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Not Attached Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary Attachment “J” – Not Attached Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards Attachment “M” – Iran Contracting Act Verification WC:MS
ATTACHMENT “A”
SCOPE OF WORK
02-11-2022 Project No. 1-23 – Design SOW Page 1 of 52
SANTA ANA TRUNK SEWER REHABILITATION, PROJECT NO. 1-23
PROFESSIONAL DESIGN SERVICES AGREEMENT ATTACHMENT A - SCOPE OF WORK
02-11-2022 Project No. 1-23 – Design SOW Page 2 of 52
TABLE OF CONTENTS
1. PROJECT REQUIREMENTS ................................................................................................................ 5
SUMMARY...................................................................................................................... 5 1.0.1 Professional Design Engineering Services ............................................................ 5
1.0.2 Professional Licensing requirements ..................................................................... 5 BACKGROUND .............................................................................................................. 5 GENERAL PROJECT DESCRIPTION ....................................................................... 5
PROJECT EXECUTION PHASES............................................................................... 6 DESCRIPTION OF PROJECT ELEMENTS .............................................................. 6 1.4.1 Project Element 1 – Rehabilitation of the Santa Ana Trunk Sewer ...................... 6 1.4.2 Project Element 2 – Air Jumpers ........................................................................... 6 1.4.3 Project Element 3 – Rehabilitation of Santa Ana Trunk Manholes ...................... 7 1.4.4 Project Element 4 – Manhole Improvements ........................................................ 8 1.4.5 Temporary Facilities During Construction ............................................................ 9 1.4.6 Coordination with Other Projects ........................................................................ 10 DESIGN CONSIDERATIONS .................................................................................... 10 1.5.1 Technology and configuration choices ................................................................ 10 1.5.2 Design Decisions ................................................................................................. 11 1.5.3 Design Selection Criteria..................................................................................... 11 1.5.4 Project Element Description Revisions ............................................................... 11 1.5.5 Cost Model .......................................................................................................... 11
PROJECT SCHEDULE ............................................................................................... 11 1.6.1 General ................................................................................................................ 11
2. PHASE 2 – PRELIMINARY DESIGN .................................................................................................. 13
Preliminary Design Execution ...................................................................................... 13 2.0.1 Preliminary Design Decision Plan (PDDP) ......................................................... 13 Predesign Evalution Studies (NOT USED) ................................................................. 13 Preliminary Design Production .................................................................................... 13 2.2.1 General ................................................................................................................ 13 2.2.2 Design Memos ..................................................................................................... 13 2.2.3 Preliminary Design Drawings ............................................................................. 16 2.2.4 Preliminary Design Report (PDR) Production, Contents and Organization ....... 16
2.2.5 Preliminary Design Cost Estimate ...................................................................... 17 Preliminary Design Activities ....................................................................................... 17 2.3.1 Easements, Property Boundaries and Work Area Limits .................................... 17
2.3.2 Topographic Survey ............................................................................................ 18 2.3.3 Geotechnical Investigation .................................................................................. 19 2.3.4 Utility Investigation ............................................................................................. 20
2.3.5 Public Relations ................................................................................................... 25 2.3.6 Specialty Service ................................................................................................. 27 2.3.7 Value Engineering Assistance (Not used) ........................................................... 28 2.3.8 Environmental Documentation ............................................................................ 28 2.3.9 Permitting Assistance .......................................................................................... 28 2.3.10 Project Management ............................................................................................ 30 2.3.11 Risk Management ................................................................................................ 31 2.3.12 Quality Control .................................................................................................... 31 PDR Workshops and Meetings .................................................................................... 31 2.4.1 General ................................................................................................................ 31
1.0
1.1
1.2
1.3
1.4
1.5
1.6
2.0
2.1
2.2
2.3
2.4
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2.4.2 PDR Production Workshops ............................................................................... 31 2.4.3 PDR Review Workshops ..................................................................................... 32
2.4.4 PDR Constructability Workshop ......................................................................... 32 2.4.5 Technical Progress Meetings............................................................................... 33 2.4.6 Focused Meetings ................................................................................................ 33 2.4.7 Coordination with Other Projects Meetings ........................................................ 34 2.4.8 Stormwater Compliance Meeting ........................................................................ 34
3. PHASE 3 – DESIGN ............................................................................................................................ 34
Bid Documents ............................................................................................................... 34 3.0.1 General ................................................................................................................ 34 3.0.2 Engineering Design Guideline Updates .............................................................. 34 3.0.3 General Requirements and Additional General Requirements ............................ 35 3.0.4 Design submittals ................................................................................................ 35
3.0.5 Construction Submittal Items List ....................................................................... 36 3.0.6 Temporary Facilities During Contruction ........................................................... 36 Design Support Documentation ................................................................................... 36 3.1.1 Design Submittal Support Documentation .......................................................... 36 3.1.2 Construction Cost Estimate ................................................................................. 37 3.1.3 Construction Schedule ......................................................................................... 37 3.1.4 Procurement Alternatives .................................................................................... 37 Design Activities ............................................................................................................ 37 3.2.1 Easements, Property Boundaries and Work Area Limits .................................... 38 3.2.2 Topographic Survey ............................................................................................ 38 3.2.3 Utility Investigation ............................................................................................. 38
3.2.4 Noise Evaluation Services ................................................................................... 38 3.2.5 Traffic Control Services ...................................................................................... 39 3.2.6 Public Relations ................................................................................................... 39
3.2.7 Specialty Service ................................................................................................. 39 3.2.8 Environmental Documentation ............................................................................ 39 3.2.9 Permitting assistance ........................................................................................... 39
3.2.10 Project Management ............................................................................................ 39 3.2.11 Risk Management ................................................................................................ 39 3.2.12 Quality Control .................................................................................................... 40
Design Workshops and Meetings ................................................................................. 40 3.3.1 General ................................................................................................................ 40 3.3.2 Design Phase Workshops .................................................................................... 40 3.3.3 Pre-DS2 Constructability Workshop ................................................................... 40 3.3.4 Design Phase Meetings ....................................................................................... 42 3.3.5 Consultant Office Technical Meetings (COTMs) ............................................... 43 3.3.6 Coordination with Other Projects Meetings ........................................................ 43 3.3.7 Safety and Risk Meeting ..................................................................................... 44 3.3.8 Construction Submittal Items List Meeting ........................................................ 44 3.3.9 Stormwater Compliance Meeting ........................................................................ 44 Bid Phase Support Services .......................................................................................... 44
3.4.1 Bid Phase Support Services ................................................................................. 44 3.4.2 Bid Evaluation Assistance ................................................................................... 44 3.4.3 Conformed Document Preparation ...................................................................... 46
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ..................................................... 46
5. PHASE 5 – COMMISSIONING SERVICES ........................................................................................ 46
3.0
3. 1
3.2
3.3
3.4
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6. PHASE 6 – CLOSE OUT .................................................................................................................... 46
7. GENERAL REQUIREMENTS ............................................................................................................. 46
GENERAL ..................................................................................................................... 46 7.0.1 OC SAN Engineering Design Guidelines and Strategic Plan ............................. 46 7.0.2 Project Phases and Tasks ..................................................................................... 47 7.0.3 Construction Sequencing and Constraints ........................................................... 47 7.0.4 Standard Drawings and Typical Details .............................................................. 47 7.0.5 Software .............................................................................................................. 47 7.0.6 Submittal Review using Bluebeam ..................................................................... 48 7.0.7 Word Track Changes ........................................................................................... 48 7.0.8 GIS Submittals .................................................................................................... 48
8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES (NOT USED) ............ 50
9. STAFF ASSISTANCE ......................................................................................................................... 50
10. EXHIBITS ............................................................................................................................................ 50
7.0
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1. PROJECT REQUIREMENTS
SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A. Provide professional design engineering services for the project described herein including the following:
1. Preliminary Design Report
2. Environmental documentation services
3. Permitting assistance
4. Preparation of bid documents
1.0.2 PROFESSIONAL LICENSING REQUIREMENTS
All plans and specifications shall be prepared by a professional engineer licensed in the State of California of the associated discipline.
BACKGROUND
The Santa Ana Trunk from Bristol Street to Plant No. 1 were originally constructed in the 1950s under Project No. 1-1. Some alignment modifications have been made over the years, including a realignment of the I-405 crossing in 1966 under Project No.1-1A, addition of a diversion structure at Raitt Street and Alton Avenue in 1976 under Project No. 1-14, rehabilitation of manholes in 1987 under Project 1-15R and a realignment of the Santa Ana River crossing in 1993 under Project No.1-16 (included with Project No.14-1-1A-2). Most recently, Project No.1-17 was completed in 2016 which rehabilitated seventeen (17) manholes,
1,000 LF of pipeline, and four (4) siphon structures. Project No.1-17 also added a new diversion structure to the Santa Ana Trunk along with a new junction structure to the Sunflower Trunk near Sunflower Avenue/Cadillac Avenue.
The majority of the Santa Ana Trunk between Bristol Street and Plant No. 1 consists of 42-inch and 48-inch RCP with a 60-inch RCP segment under Interstate 405; there are also two (2) 48-
inch RCP siphons and one (1) triple-barrel 15/24/27-inch VCP siphon. Other than the river, flood channel, and freeway crossings, the Santa Ana Trunk has significant reaches within easement areas as well as segments that both cross and parallel Union Pacific Railroad
(UPRR) right of way. Most concrete manhole structures are lined with either PVC or polyurethane but some liners require rehabilitation. Corrosion assessment reports date back to 2001, most recently performed in 2020. Pipeline CCTV inspections date back to 2001 for some segments, with most recent pipeline and manhole CCTV inspections being completed in 2021. The most recent corrosion assessment and CCTV show exposed aggregate and exposed rebar and infiltration in some pipelines. Some manhole structures showed exposed aggregate as well as liner detachment. Inspection and CCTV reports are included in Exhibit 19.
GENERAL PROJECT DESCRIPTION
This project will rehabilitate the Santa Ana Trunk Sewer north of Interstate 405. This includes
rehabilitation of pipelines (lining) and manholes. The project includes rehabilitation of
1.0
1.1
1.2
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approximately 15,000 feet of large diameter sewers along Alton Avenue and easements crossing MacArthur Boulevard, Harbor Boulevard, Scenic Avenue, Hyland Avenue and
Sunflower Avenue in the Cities of Santa Ana and Costa Mesa.
PROJECT EXECUTION PHASES
All OC SAN projects are divided into six phases. CONSULTANT shall provide engineering services for all Project Elements listed in this Scope of Work for the following Phases:
Phase 1 – Project Development (Not in this Scope of Work)
Phase 2 – Preliminary Design
Phase 3 – Design
Phase 4 – Construction (Not in this Scope of Work)
Phase 5 – Commissioning (Not in this Scope of Work)
Phase 6 – Close Out (Not in this Scope of Work)
DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.4.1 PROJECT ELEMENT 1 – REHABILITATION OF THE SANTA ANA TRUNK SEWER
A. Cured in place pipe (CIPP) approximately 8,700 LF of 48-inch RCP
B. CIPP approximately 5,600 LF of 42-inch RCP
C. CIPP approximately 300 LF of 15-inch to 27-inch VCP
D. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
a. Bypass is required for 30 lining segments. Detailed bypass plans showing the work area for temporary pumping and the routing of the bypass line(s) are required at each location. Upstream bypass of all laterals connecting to manholes is required and shall be shown on the bypass plans.
b. Hydraulic modeling is required to determine the bypass flow and recommended diversion settings for each bypass. Hydraulic modeling will be required to determine maximum acceptable liner thicknesses of each segment of pipeline.
1.4.2 PROJECT ELEMENT 2 – AIR JUMPERS
A. Install an air jumper at the two siphon locations shown in Figure 1.
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
a. The location of the air jumpers shall be determined in preliminary design.
b. A permit from Orange County Flood District is required for each air jumper.
1.3
1.4
02-11-2022 Project No. 1-23 – Design SOW Page 7 of 52
c. Air Jumper at location 1 is buried above the storm channel.
d. Air Jumper at location 2 requires a support structure to cross the channel.
e. Air Jumper at location 2 requires permits from the railroad as described in Section 2.3.9.
Figure 1
1.4.3 PROJECT ELEMENT 3 – REHABILITATION OF SANTA ANA TRUNK MANHOLES
Complete rehabilitation of the seven manholes not rehabilitated in Project No. 1-17. Demolition of one manhole per current OC SAN standards, see Figure 2. Partial rehabilitation of the remaining twenty-four manholes.
ocrco D-3
22.5'
Air Jumper-
Location 1
157+00 158+00
s , Air Jumper-
Location 2
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Figure 2
A. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
a. Review CCTV of all thirty-two manholes to determine the recommended rehabilitation/abandonment at each manhole.
b. Evaluate rehabilitation technologies, including but not limited to spray-on
polyurethane liners, cured in place manhole liners and polymer concrete inserts. Evaluate the life cycle cost and advantages/disadvantages of each technology.
c. Provide rehabilitation recommendation for each manhole. The
recommendation shall consider all repairs, including concrete repairs, coating of the entire structure, coating of portions of the structure, plastic liner repairs, structural rehabilitation, diversion repairs, and replacement of components such
as the cone/flat top, chimney, frame and cover.
d. Develop a matrix, including the cost estimate, summarizing the recommended rehabilitation at each manhole. Develop details for all recommendations. The matrix shall be provided with the Draft and Final PDR.
1.4.4 PROJECT ELEMENT 4 – MANHOLE IMPROVEMENTS
A. Improve access to three manholes at the railroad easement by installing a 12-foot square concrete pad per Figure 3.
02-11-2022 Project No. 1-23 – Design SOW Page 9 of 52
Figure 3
B. Replace cast iron frame and covers with composites on each side of the two
siphons.
C. Provide diversion slots in manhole SAN0190-0000 (upstream of triple barrel siphon) to facilitate isolation for tire cleaning. Modify the structure to provide 36-inch composite
frame and cover access points to accommodate diversion board installation and line cleaning.
D. Add an additional manhole between STA 61+62.49 and STA 75+90.92 to facilitate
lining and future cleaning.
E. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
a. The exact location of the new manhole shall be determined based on the construction implementation plan.
b. The manholes in Figure 3 are next to an abandoned railroad track. OC SAN will assist with access to the site for field investigation and survey.
1.4.5 TEMPORARY FACILITIES DURING CONSTRUCTION
A. In certain cases, construction sequencing constraints may require the contractor to
construct a temporary facility to be used during a certain portion of the construction period. CONSULTANT shall identify in what instances such facilities are required or reasonably warranted and present those instances with implementation plans and construction sequencing constraints to OC SAN for consideration. When such facilities are found to be either required or reasonably warranted, CONSULTANT shall provide sufficiently detailed drawings and specifications to be included in the Bid Documents that bidders understand what is required to provide and potentially operate the temporary facilities and that the reliability and performance of the facilities will meet OC SAN’s needs and reasonably mitigate construction risks. Examples of potential facilities include:
1. Bypass Pumping and temporary bypass piping.
2. Temporary odor control facilities.
3. Temporary noise abatement.
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B. CONSULTANT shall include design measures for the temporary handling of flows to be implemented by the Contractor during construction considering OC SAN’s goal of
zero sewage spills.
C. If existing facilities such as valves, gates, stop logs, etc. are being used for diversions, include a plan for testing those facilities during Phase 3 – Design, to verify
that they will function adequately for the purpose. If testing cannot be performed, CONSULTANT shall identify the risks associated with using the facility for bypassing, along with contingency plans and mitigation measures to be implemented if they are found not function adequately during construction.
1.4.6 COORDINATION WITH OTHER PROJECTS
A. The following projects may impact or require coordination with this project:
1. 1-24, Greenville Trunk Improvements. This project will upsize the Greenville Trunk sewer to increase capacity. This will include installation of pipelines,
replacement of manholes and rehabilitation of manholes. The project includes improvements of up to 16,000 feet of sewer along Sullivan Street, Edinger Ave, and Greenville Street in the City of Santa Ana. The project will connect to the
Santa Ana Trunk on Alton Avenue and Greenville Street. This project is currently scheduled to start design in 2024.
2. FE19-04, Sunflower Pump Replacement at Plant No. 1. This project will replace the sunflower pumps at Plant No. 1. All diversions to the Sunflower Trunk shall be coordinated with FE19-04 to ensure adequate pumping capacity for diversion. Construction is currently scheduled to start late 2021 and be completed in 2024.
3. P1-105, Headworks Rehabilitation at Plant 1. This project will replace the headworks at plant No. 1 and includes bypass pumping around the metering and diversion structure where the Santa Ana Trunk and other trunks enter Plant No. 1. Construction activities, including diversions shall be coordinated. This project is currently in construction, construction is scheduled to be completed in 2028.
4. One Metro West. The proposed mixed-use One Metro West Project consists of the development of 15.23 acres located at 1683 Sunflower Avenue which
includes: residential with up to 1,057 rental dwelling units, 6,000 square feet of specialty retail, 25,000 square feet of creative office, and recreational uses. The One Metro West Phased Project Construction Analysis dated February 2, 2021,
identifies construction from 2022-2027.
DESIGN CONSIDERATIONS
The following design considerations shall be carried from Preliminary Design through Final Design.
1.5.1 TECHNOLOGY AND CONFIGURATION CHOICES
The project elements in this facility shall be achieved using proven technologies. Alternative means of accomplishing the project elements must be reviewed and accepted by OC SAN prior
to detailed evaluation. All alternative technologies proposed should be currently operating in other collections facilities of similar capacity.
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1.5.2 DESIGN DECISIONS
Design decisions shall be agreed upon by OC SAN prior to any work being performed by the
CONSULTANT in preliminary and detailed design. All design decisions shall be documented.
1.5.3 DESIGN SELECTION CRITERIA
A. Design selection shall consider construction, lifecycle, operation, and maintenance
costs as well as overall quality. When design recommendations are presented to OC SAN, the design selection criteria shall be clearly identified with the recommendation.
B. The cost estimate shall consist of a 20-year life cycle cost analysis for the options proposed, including costs for engineering, construction, start-up, and operational and maintenance, and future rehabilitation and replacement.
C. The construction cost estimate shall be as described in Engineering Design Guidelines Section 01.4.6 included as Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917. Life cycle cost analysis is described in Section 01.2.19 of the Guidelines.
1.5.4 PROJECT ELEMENT DESCRIPTION REVISIONS
CONSULTANT shall review and revise the Project Element Descriptions using track changes at the end of Preliminary Design and at each design submittal. Changes shall be submitted to OC SAN for review.
1.5.5 COST MODEL
A. CONSULTANT shall prepare the cost model to be used to demonstrate the true cost of major project decisions. With each major project decision, the CONSULTANT
shall review and update the cost model. The cost model shall be a living document between the CONSULTANT and OC San to ensure that all changes are being acknowledged in the overall project cost.
B. The cost model shall show the implications of the decisions on the life cycle costs and shall be used in the decision-making process. After decisions are made, the updated construction costs, and life cycle costs, shall be submitted for project records.
C. The cost model shall be used to track project changes through final design.
D. The construction cost estimate shall be as described in Engineering Design Guidelines Section 01.4.6 included as Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917.
PROJECT SCHEDULE
1.6.1 GENERAL
A. The table below lists the time frames associated with each major project deliverable and with OC San’s review and approval of those deliverables. CONSULTANT shall
comply with the deadlines indicated in that table.
B. OC SAN’s Project Manager will issue a Notice to Proceed (NTP) that will authorize CONSULTANT to begin preparation of the Project Management Plan (PMP) as defined
in Exhibit 3 – Project Management Requirements.
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C. OC SAN’s Project Manager will issue a Final Design NTP upon OC SAN’s acceptance of the final Preliminary Design Report.
D. The time frames specified below are used to estimate the actual milestone dates based on the assumed NTP date, as shown in Exhibit 8 - Project Schedule Calculation.
E. OC SAN will consider an alternative CONSULTANT-proposed schedule provided it is consistent with OC SAN resources and schedule constraints and adds value to OC SAN.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
NTP
Submit Project Management Plan (PMP) 10 workdays from NTP.
OC San Review of PMP 5 working days from receipt of PMP. CONSULTANT shall issue a revised PMP within 5 working days of receipt of OC San’s
comments for OC San approval.
Kickoff Meeting The kickoff meeting will be scheduled to coincide with the NTP.
Preliminary Design NTP
Submit draft Preliminary Design Report (PDR) 201 workdays from the NTP. CONSULTANT shall establish a schedule with the OC SAN PM for separately submitting working drafts of each Design Memo for OC SAN review prior to completing the draft PDR. This schedule shall factor in the
logical sequence for completing the memos as well as both CONSULTANT and OC SAN resources.
OC SAN Review of draft PDR 20 workdays from receipt of Draft PDR
Submit final Preliminary Design Report 40 workdays from receipt of OC SAN comments on Draft PDR.
Final Design NTP CONSULTANT’s schedule shall allow 10 working days from submittal of the final PDR to receipt of the Design Phase NTP.
Submit Design Submittal
1 (DS1)
119 workdays from Design Phase NTP.
OC SAN Review of DS1 20 workdays from receipt of DS1
Submit Design Submittal 2 (DS2) 90 workdays from receipt of OC SAN comments on DS1.
OC SAN Review of DS2 20 workdays from receipt of DS2
Submit Design Submittal 3 (DS3) 87 workdays from receipt of OC SAN comments on DS2.
OC SAN Review of DS3 20 workdays from receipt of DS3
Submit Final Design Submittal (FDS) 22 workdays from receipt of OC SAN comments on DS3. CONSULTANT shall stop work upon submission of DS3, except as required to participate in OC SAN meetings, until receipt of
OC SAN comments on DS3.
OC SAN Review of FDS 20 workdays from receipt of FDS
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PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Final Technical Specifications and Plans 21 workdays from receipt of OC SAN comments on FDS.
2. PHASE 2 – PRELIMINARY DESIGN
The preliminary design phase will define the project. The final deliverable of this phase will be
a Preliminary Design Report (PDR) with the basis of design for all elements of the project.
PRELIMINARY DESIGN EXECUTION
2.0.1 PRELIMINARY DESIGN DECISION PLAN (PDDP)
A. CONSULTANT shall prepare a Preliminary Design Decision Plan (PDDP) for how the preliminary design decisions will be properly planned and scheduled such that:
1. The work is planned to meet the specified schedule while providing appropriate opportunities for OC SAN input.
2. OC SAN input is planned with appropriate timing to ensure a high-quality final product.
3. Major decisions are made in a timely manner by the project team and project
stakeholders and do not impact the project schedule.
4. Workshops and meetings are scheduled at the start of the project to ensure maximum participation.
B. The PDDP shall include, at a minimum the following information:
1. Discussion of how major decisions will be made on the project (utilizing a decision tree as appropriate), and the process to gain OC SAN concurrence.
2. Summary and timing of major decisions to fit the project schedule.
3. List of workshops, technical design meetings and focused meetings where major decisions will be made, date of workshop or meeting, and the list of required attendees.
4. Schedule for all workshops, technical design meetings, and focus meetings and list of anticipated attendees.
C. The PDDP shall be developed by the CONSULTANT and submitted for OC SAN review. CONSULTANT shall make the appropriate revisions and submit the final version for use as the basis for execution.
PREDESIGN EVALUTION STUDIES (NOT USED)
PRELIMINARY DESIGN PRODUCTION
2.2.1 GENERAL
A. Preliminary Design Report (PDR) production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR.
2.2.2 DESIGN MEMOS
2.0
2.1
2.2
02-11-2022 Project No. 1-23 – Design SOW Page 14 of 52
A. The CONSULTANT shall produce Design Memos as indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall
discuss the combining of design memos with OC SAN and develop a design memo submittal list.
☐Process Design Configuration
☐Design Configuration
☐Redundancy
☐Monitoring and Sampling
☐Process Flow Diagrams
☐Operating Philosophies
☐Site and Facility Layouts
☐Preliminary Load Criticality Ranking Table.
☐Hydraulic Analysis
☐Hydraulic Analysis
☐Hydraulic Profile
☐Demolition
☐Describe Demolition Requirements
☐Demolition List
☐Demolition Plans
☐Demo EID
☐Rehabilitation Requirements
☒Geotechnical Data Report
☒Review of Existing Data - Preliminary Geotechnical Report
☒Geotechnical Data Report and Recommendations
☐Civil Design Parameters
☐General Civil
☐Drainage Requirements
☐Corrosion Protection Requirements
☐Utility Requirements
☐Structural Design Parameters
☐Architectural Design Parameters
Note: Develop up to three alternative concepts for review and acceptance
☐Process Mechanical Design Parameters
☐Building Mechanical Design Parameters
☐Fire Protection
☐Fire Protection Requirements
☐Fire Water Flow Analysis
☐Fire Protection Requirements for Existing Facilities
☐Electrical
☐Codes/standards. Brief description of electrical system. Electrical drawings.
☐Identify Electrical System Impacts
☐Report – Data Collection and Verification
☒Preliminary Load List
☐Preliminary Standby Power Requirements
☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies
02-11-2022 Project No. 1-23 – Design SOW Page 15 of 52
☐ETAP – Provide Data. OC SAN will perform ETAP studies.
☐Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill
calcs.
☐Hazardous Area Classification Requirements
☐Instrumentation and Control
☐Instrumentation and Control System
☐Specialty Safety Systems
☐Preliminary SAT
☐PLC and RIO Panel Location Map
☐CCTV Coverage Map
☐Landscaping
☐Landscaping Requirements
☐Develop up to [three] alternative concepts for review and acceptance
☐Plant Utility Investigation Findings
☐Vibration Analysis
☒Collections Basis of Design
☒Codes and Standards
☒Hydraulic Analysis
☒Pipeline Basis of Design
☒Manhole Basis of Design
☒Hydraulic Profiles
☒Collections Rehabilitation Alternatives
☒Pipeline Rehabilitation
☒Manhole Rehabilitation
☐Collections Pipeline Design
Assume 3 viable alignment options
☐Design Memo Items 1-12
☐Open cut vs. Trenchless Technologies
☐Trenchless Technologies at Major Closings
☒Collections Utility Investigation Findings
☒Collections Conceptual Traffic Control
☒AHJ and Traffic Control Identification
☒Basis for Traffic Control Strategy
☒Traffic Analysis
☒Traffic Control Plans
☒Design Safety Requirements
☒Design Safety Requirements
☒Identify all potential project specific safety issues
☒Identify all potential Cal OSHA and OC SAN safety issues
☒Identify construction safety hazards
☒Use Sample Full Project Safety Review Plan to verify safety elements
☒Risk Management Check List to verify safety elements
☐HAZOP
☒Public Impacts
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☐Environmental and Regulatory Requirements (OC SAN will file a Notice of Exemption)
☐CEQA Part of Programmatic EIR
☐CEQA work consists of
☐Determine project environmental and regulatory requirements
☐Matrix of CEQA and Permit Requirements
☐Mitigation, Monitoring and Reporting List
☒Permit Requirements
☒List of Permits Required
☐Oil Well Abandonment
☒Stormwater Requirements
☐Hazardous Material Survey, Mitigation and Control
☐Maintainability
☐Define Maintainability Requirements
☐Maintainability Requirements Plan Drawings
☐Define Maintainability Rules
☐Define Maintainability Information for Project Specific Equipment
☐Facility Operation and Maintenance
☐Facility O&M Requirements
☐Operating Philosophies
☐Preliminary Assessment of O&M Staffing Requirements
☒Implementation Plan
☒Identification of Adjacent Projects
☐Preliminary Commissioning Checklist
☒Preliminary Construction Sequencing Plan
☒Review of Constructability Issues
☒Temporary Handling of Flow
☒Construction Odor Monitoring and Mitigation
☒Preliminary Technical Specification List
2.2.3 PRELIMINARY DESIGN DRAWINGS
A. The CONSULTANT shall produce the following Preliminary Design Report drawings
in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☒General
☐Demolition
☒Civil
☐Landscape
☐Structural
☐Architectural
☐Mechanical
☐Electrical
☐Instrumentation and Control
2.2.4 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND ORGANIZATION
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A. Preliminary Design Report (PDR) Production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR.
B. The CONSULTANT shall combine the materials described below into a draft PDR. The PDR shall be structured as outlined below, with the contents corresponding to the tasks listed in this Scope of Work.
Volume 1 – Preliminary Design Report Technical Memos Executive Summary Design Memos Design Memo 1, 2, 3, etc. List of Proposed Specification Sections Volume 2 – Drawings (see Exhibit 1, Preliminary Design Drawings) Volume 3 – Submittal Documentation Calculations Equipment Data & Catalog Cuts Project Logs Meeting Minutes
C. The Executive Summary shall summarize the conclusions of the Memos included in the report, and specifically include a summary construction schedule and construction cost estimate.
D. The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screen and as a hard copy. The number of hard copies is indicated in Exhibit 9 - Deliverables Quantities. The labeling and organization of the PDF submittal shall be
in accordance with Exhibit 14 - Bluebeam Designer Training for Submission.
E. Each design memo shall be a separate file.
F. The OC SAN Project Manager may request that the CONSULTANT submit an
electronic proof set of the Draft PDR and Final PDR prior to hard copy production in order to initially confirm that the submittal is ready for printing.
2.2.5 PRELIMINARY DESIGN COST ESTIMATE
A. The CONSULTANT shall provide a cost estimate for the associated PDR submittal indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements.
PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OC SAN.
2.3.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. The Consultant shall identify easement and property boundary requirements and prepare easement documents, including performing any field investigations and survey required to identify and prepare easements.
B. Unless otherwise directed, the CONSULTANT shall identify, survey, and show all property boundaries, and all existing and proposed easements, within and/or adjacent to the project boundaries.
2.3
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C. Consultant shall show and explicitly identify the limits of work for all portions of the project, including any restrictions to the work allowed in any area, e.g., whether the area
can be used for parking or laydown.
D. All survey research and survey field work shall be performed by a Professional Land Surveyor licensed by the State of California.
2.3.2 TOPOGRAPHIC SURVEY
A. Control Surveys for Collection Systems
1. General: Topographical information used on the construction plans shall be generated from an aerial mapping process. CONSULTANT shall provide for the aerial and field surveys necessary for the mapping process for all applicable Project Elements of the project Scope of Work and shall provide for the aerial mapping. Providing for the process includes paying for, coordinating, and designing the aerial and horizontal/vertical control surveying for the preliminary and final design. CONSULTANT’s responsibilities for the surveys include generating any subconsultant scopes of work, data interpretation and preliminary design. All survey work is to be done under the direction and control of a Professional Land Surveyor, licensed by the State of California.
2. Aerial Survey: The aerial photography shall have sufficient coverage for the digital topographic mapping. The photo scale of the aerial photography shall not
be more than 100 feet per inch for pipeline work or 20-feet per inch for pump stations. Stereo pairs of photographs shall be furnished to OC SAN.
3. Field Survey Aerial: A field survey shall be used to establish both horizontal
and vertical control for the project. Control shall meet or exceed NGVD 88 requirements and shall be based on California State Plan Coordinates (NAD 83) including the 1995 O.C. surveyor’s adjustments. A sufficient number of points
shall be used to accurately complete the digital topographic modeling. No less than five control points per stereo model shall be used.
4. Aerial Field Survey Inclusions: The field survey shall include all survey monuments, topographic features, easements, property lines, culture, and elevations on the plan and profile sheets. All covers, including the existing sewer manholes, storm drain manholes, and utility and valve vaults shall be identified and marked in the field.
5. OC SAN Review Aerial Survey Line: The general location and alignment of the survey line shall be submitted to OC SAN prior to performing the field survey. Survey work shall not commence until authorized or concurred to by OC SAN. CONSULTANT shall be responsible for obtaining and paying for the field survey
services.
6. Field Survey Base Line: The field survey shall establish a base line for construction purposes for pipeline work equal to or greater than 500-feet in
length. The line will be used to define the proposed design, in terms of station and offset, and to establish the bearings for right-of-way. The survey line shall be set on 100-foot stations and shall be tied to the established aerial control.
The field survey shall tie in all controlling monuments within the map limits and all street centerline intersections. The ties shall be express in both State Plane Coordinates and as station and offset.
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7. Manhole Information: The field survey shall also include the measurement of the invert and manhole rim elevations of all existing sewers within the project
reach. The size, orientation and invert of any pipe connections shall also be recorded.
8. Base Map: The base map index contours shall be spaced at five feet (5-
feet) vertically and the immediate contours shall be spaced at one-foot (1-foot) contour intervals. The mapping shall include digital topographic mapping. The digital format shall be compatible with OC SAN Graphic Information System. All surface features, including those hidden from aerial view shall be incorporated into the digital mapping.
9. Plan and Profile Sheets: CONSULTANT shall prepare plan and profile sheets based upon the aerial mapping. The scale for plan and profile sheets shall be one-inch equals forty feet (1-inch = 40-feet) horizontal and one inch equals four feet (1-inch = 4-feet) vertical. An aerial photographic (photo strip) with the alignment shall be included. The plan view shall be separate from the photo strip. Intersections shall be adequately detailed at a scale of one-inch equals ten feet (1-inch = 10-feet) or one inch equals twenty feet (1-inch = 20-feet). Manholes and other details shall be drawn at a scale that is adequate to provide clarity and sufficient detail for construction. The basis of bearings and
benchmarks shall be indicated on the drawings,
10. Survey Note Submittal: CONSULTANT shall submit two bound copies of all survey notes and data used to establish vertical and horizontal control. The
information submitted shall be suitable for use to establish construction controls. If additional property and/or right-of-way are required, CONSULTANT shall identify property and/or rights-of-way to be acquired. CONSULTANT shall
prepare legal descriptions and plats for easements and property to be acquired during the final design phase of the project.
2.3.3 GEOTECHNICAL INVESTIGATION
A. CONSULTANT shall secure the services of a qualified Geotechnical Engineering firm to prepare a Geotechnical Data Report that addresses geotechnical concerns for all applicable Project Elements of the project Scope of Work
B. Soil Explorations
1. The geotechnical services shall include exploratory work such as soil borings necessary to observe, test, classify soils, and monitor groundwater levels and potential groundwater pollutants of concern.
2. The number and spacing of borings shall be based on the geotechnical
professional’s interpretation of needs and recommendation.
a. If unexpected or unique soils are encountered, an adequate number of borings shall be taken to try and define the limits of the anomaly.
3. The depth of the borings shall be adequate to characterize the soils to a depth of at least five feet below the bottom of an excavation or any proposed sewer invert elevation. At least two borings shall extend ten feet below the
proposed excavation bottom or sewer invert.
4. The proposal shall include five borings and a unit price allowance per boring in the proposal base price. Based on the actual number of borings performed in
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the project as determined and agreed upon by CONSULTANT and OC SAN, OC SAN will pay the final price in accordance with the per-unit allowance in the
CONSULTANT’s proposal.
C. Soil Sampling
1. Soil samples for testing shall be collected as needed based upon
CONSULTANT’s professional judgment. However, samples intervals shall not exceed two-foot depth intervals alternating SPT and RING samples in each boring. If borings are taken near existing sewers, samples shall be taken and delivered to OC SAN for testing for coliforms to determine if sewers are leaking.
D. Ground Water Pump Testing
1. Conduct one ground water pump test to determine dewatering parameters for inclusion of the specifications.
2. Provide a complete specification for the abandonment of wells for areas where aquifers could be compromised. Potential abandonment methods for deep penetrations might consist of over drilling and fill with cement-bentonite grout slurry, or deep pressure grouting to create a concrete seal.
E. Groundwater Contamination Testing
1. Perform complete lab analysis for all pollutants regulated under OCSD Local Discharge Limits (see page 33 of OCSD’s Wastewater Discharge Regulations
Ordinance No. 53).
F. Soil Exploration Locations
1. The location of all soil explorations shall be plotted on a map and attached to the Geotechnical Report. Preferably, the explorations shall include survey coordinates consistent with the project survey. Complete logs of the soil profiles shall be included in the report.
2. Explorations shall be located strategically within the footprint of the proposed excavation or on the centerline of proposed pipeline alignments. A total of two borings shall be cased and converted into water level monitoring wells for use during construction according to local agency requirements. CONSULTANT shall obtain all necessary permits for the installation of monitoring wells.
3. Work conducted within OC SAN’s treatment plants shall comply with the requirements of the OC SAN Stormwater Management Plan. Work conducted outside OC SAN’s treatment plant shall comply with the requirements of the local jurisdiction.
2.3.4 UTILITY INVESTIGATION
A. To better manage the risks associated with construction excavation, CONSULTANT
shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities include all in-plant, utility company-owned and public agency-
owned piping, duct banks, and other interferences. The search shall include utilities within the public right-of-way, and those located on private property and OC SAN property impacted by the proposed project. The search shall include the records and
plans of OC SAN and all respective public and private companies and utilities.
B. Review of OC SAN Records
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1. OC SAN’s “As-built/Record” plans may be incomplete or inaccurate with respect to the routing of individual utilities, pipelines, etc. in the vicinity of the
project. CONSULTANT shall check OC SAN records against those of the other agencies, companies and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines; traffic control facilities, telephone and
electrical conduit and duct banks, storm drains, manholes, and other structures.
C. Review of Outside Agency Records
1. CONSULTANT shall contact, in writing, all jurisdictional agencies and utility owners to inform them of OC SAN’s project. CONSULTANT shall request plans showing all the agencies or utility’s facilities, pipelines, etc. in the project area. CONSULTANT shall also request plans and schedules for all proposed construction in the project areas. CONSULTANT shall develop a schedule to minimize project conflicts and/or coordinate OC SAN projects with local agencies.
2. CONSULTANT shall personally visit each agency/company and search through all available plans, files, and documents. CONSULTANT shall meet with applicable field staff from each agency to confirm the completeness of their research. Abandoned utilities shall also be considered.
3. CONSULTANT shall document the contacts and information requested and received, including that from Underground Service Alert (USA). OC SAN shall be
copied on all correspondence between CONSULTANT and public and private agencies, and utility companies. CONSULTANT shall submit a copy of all documentation to OC SAN with an itemized submittal letter. CONSULTANT’s
Project Manager shall sign the transmittal cover letter and the cover letter shall confirm that CONSULTANT has sent a representative to each agency/company/utility, performed on-site inspections for each utility, and has
listed the utilities.
4. CONSULTANT shall contact USA and request a Substructure listing for the project area.
D. On-Site Inspection
1. An on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OC SAN’s Project Engineer and Supervising Inspector. The CONSULTANT representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the available utility plans.
E. Utilities for Adjacent Properties
1. CONSULTANT shall investigate all utilities serving properties adjacent to the work, and submit a spreadsheet at the end of the utility research accounting for
all anticipated utilities for OC SAN review, with the following information:
a. List all utilities anticipated or each adjacent property.
b. Indicate whether or not each such utility was found on as-built drawings of
any agency, with an identification of the agencies identifying such utility.
c. Indicate whether or not the utility was field located by utility through USA process, and, if so, by which agency.
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F. CONSULTANT shall provide all required stamped traffic control plans as part of the encroachment application process required by all cities for use during the geophysical
investigations, potholing, geotechnical borings, and field investigations.
G. Subsurface Utility Investigations
1. Investigation of existing utilities shall be in accordance with the respective
ASCE guidelines, except as amended by this Scope of Work. A brief description of the ASCE guidelines defines the Quality Level of detail for researching subsurface utilities as follows:
a. Quality Level D: Information derived from existing records or oral recollections.
b. Quality Level C: Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to Quality Level D information.
c. Quality Level B: Information obtained through the application of appropriate surface geophysical methods to determine the existence and approximate position of subsurface utilities. Quality Level B data shall be reproducible by surface geophysics, such as ground penetrating radar, at any point of their depiction. This information is surveyed to applicable tolerances and reduced onto plan documents.
d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities) and subsequent measurement of subsurface utilities, usually
at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents.
Accuracy is typically set to 15-mm vertical and to applicable horizontal survey and mapping accuracy.
2. Refer to CI/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing Subsurface Utility Data for details.
3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project Elements of this Scope of Work. Utilities include utility company-owned, and public agency-owned piping, duct banks, and other interferences. All utilities encountered during the preliminary design shall be shown on the plans.
4. Subsurface investigation for all utilities in and around the work area shall be performed to Quality Level D and Quality Level C. All utilities shall be plotted
both in plan and profile on a scaled drawing that can later be incorporated into scaled (1-inch = 40-feet) plan drawings.
5. CONSULTANT shall submit, for acceptance by OC SAN, recommendations
on which utilities should be investigated to Quality Level A and where Quality Level B investigations should be performed. As part of the submittal, a Potholing Plan and Geophysical Investigation Plan shall be developed including proposed
pothole locations and type of geophysical investigation.
6. Prior to OC SAN’s acceptance of the Potholing Plan/Geophysical Investigation Plan, a project field walk by the CONSULTANT Project Manager,
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OC SAN Project Engineer, Supervising Inspector, and other designated OC SAN personnel shall be performed.
H. Potholes and Geophysical Investigation
1. CONSULTANT shall secure the services of a subcontractor to perform the pothole work and geophysical investigation (including ground-penetrating radar).
2. CONSULTANT shall pothole and perform geophysical investigation on all utilities described and shown in the accepted Potholing Plan/Geophysical Investigation Plan. CONSULTANT’s staff shall be available, if required, to be on-site during potholing to provide direction to potholing crew. OC SAN staff shall also be present during potholing. Field investigations include visiting the project work site and each utility to verify the location of all interferences.
3. CONSULTANT shall provide all the related work necessary, including, but not limited to:
a. Documentation of information
b. Notification of USA’s “Dig Alert”
c. Providing field survey
d. Obtaining required permits
e. Submission of traffic control plans
f. Setting up traffic control
g. Soft dig potholing
h. Ground-penetrating radar
i. Excavating
j. Backfilling
k. Repairing pavement to local jurisdiction requirements. It is assumed that a total of four locations will take place within Alton Ave currently under moratorium
between Raitt St. and Bristol St.
4. “Soft” excavation potholing methods such as vacuum extraction is preferred; however, excavation methods shall be chosen to adequately define the utility. Crosscut trenches may be preferred for defining some utility locations. Hydro-jetting soft dig should be avoided in sandy, wet and contaminated soil conditions.
5. Potholing subcontractor shall measure and document the depth of pavement and of base material at each pothole, and every five feet along crosscut trenches.
6. Work conducted within OC SAN’s treatment plants shall comply with the requirements of the OC SAN Stormwater Management Plan. Work conducted outside OC SAN’s treatment plant shall comply with the requirements of the local
jurisdiction.
7. CONSULTANT shall provide a licensed land surveyor or hire a licensed survey subcontractor(s) to field-locate the actual horizontal and vertical location
of the constructed potholes. Survey controls shall be set and coordinated with the survey controls used on previous construction drawings. City and County control points shall be checked; northing, easting and elevation data for each
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pothole shall be shown on the Contract Drawings; and physical tie-ins provided in order to easily re-establish pothole locations after construction. CONSULTANT
shall supply and supervise survey work and subcontractors needed to perform the pothole work. Survey datum differences shall also be reconciled.
8. The results of potholing and geophysical efforts shall be summarized in a
field finding report.
9. CONSULTANT shall backfill and repair potholes consistent with the requirements of the local jurisdiction. If CONSULTANT is unable to determine local jurisdiction requirements prior to the proposal, CONSULTANT shall assume the following requirements:
a. The materials removed from the excavation may not be used for backfill, unless approved by the local jurisdiction. If approved, excavated material used to fill potholes shall be placed with a maximum lift thickness of four inches and mechanically compacted.
b. If not approved, the CONSULTANT shall be responsible for hauling off and disposing of excavated pothole material. In this case, excavation holes shall be filled with a cement slurry mix from the bottom up. The excavated materials shall be tested for hazardous materials and disposed of offsite accordingly. Testing shall be the minimum required for classifying the materials. The
potholing samples shall be tested by a California Environmental Laboratory Accreditation Program (ELAP) certified laboratory to identify characteristics of hazardous waste. A substance shall be considered hazardous if it possesses
properties of toxicity, ignitability, corrosivity and/or reactivity per California Code of Regulations Title 22, Section 66261. In addition, Minimum the laboratory testing shall include an on-site Organic Vapor Analyzer (OVA) test for potential
hydrocarbon contaminants. Should the OVA reading be equal to or greater than 45 ppm, further laboratory Minimum testing shall be performed to include Benzene, Toluene, Ethyl Benzene, and Xylene (BTEX) test per EPA guideline 8020 and Total Hydrocarbons (TPH) tests per EPA guideline. should the OVA reading be equal to or greater than 45 ppm.
c. AC pavement shall be replaced to full depth or the structural section (AC & Base) plus two inches with hot mix asphalt unless otherwise required by the City. Cold mix shall only be allowed when the patch will be replaced by the project and were approved by the City.
d. Concrete pavement shall be replaced to full depth plus two inches with Portland cement unless otherwise required by the City.
I. Quantitative Assumptions
1. CONSULTANT’s fee proposal shall include a cost for potholes and unit cost for additional potholes. The cost shall provide for a minimum of fifty five (55)
potholes during preliminary design and twenty (20) potholes during final design.
2. CONSULTANT’s fee proposal shall include a cost for geophysical investigation using ground penetrating radar. The cost shall provide for a
maximum of 10,000 square feet during preliminary design and shall follow the alignment of the proposed air jumpers and footprint of the proposed new manhole.
J. Depiction of Utilities and Potholes on Plans
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1. All utilities encountered during the preliminary design shall be shown on the Plans. Project work that requires other agencies to relocate existing utilities shall
be coordinated during the design by CONSULTANT. Each subsurface utility shown on the drawings shall include the Quality Level to which it was investigated as required by CI/ASCE 38-02. Pothole locations shall be shown on
drawings with survey information.
K. Relocation of Existing Utilities
1. Project work that requires other agencies to relocate existing utilities shall be coordinated during design by CONSULTANT.
2.3.5 PUBLIC RELATIONS
A. The CONSULTANT shall secure the services of a Public Outreach Subconsultant to conduct all public outreach activities required during preliminary and design phases.. The subconsultant’s services are currently anticipated to be required during the construction phase.
B. OC SAN’s Public Affairs Office (PAO) will share with the public the general scope of the project during design, construction impacts for design and construction activities and the project’s progress. The subconsultant will possess a full range of professional public outreach skills and an understanding of the issues, audiences and technical process required to support PAO during community outreach activities required for the
project.
C. The primary goal of the public outreach effort is to inform motorists, merchants, employers, hospitals, local residents, schools, and elected officials about the project
need, construction impacts during design phase, and steps that can be taken to minimize those impacts.
D. The CONSULTANT shall assist OC SAN by providing public information proactively
through written and electronic media sources and providing quick responses and resolutions to community concerns to keep the project/program moving forward. The public outreach program is an effective tool for building partnerships and reaching affected audiences during and in preparation for construction documents.
E. The CONSULTANT shall coordinate all public outreach work with cities, agencies and the public with OC SAN’s PAO.
F. The team selected will be required to attend and participate in technical team meetings as appropriate. It is estimated 2 general community meetings, 6 HOA/community meetings, and 15 team meetings will be required. CONSULTANT shall also participate in the following:
1. Identify stakeholders including but not limited to cities, agencies, residents,
businesses, schools, etc.
2. Develop project announcement and updates (written announcement and map).
3. Development and review of documents and maps for mass mailings of letters and notifications.
4. Coordinate neighborhood meetings, send invitations, attend, facilitate,
summarize meetings, and follow up.
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5. Inform the public prior to the start of construction to minimize surprises that may become the sources of complaints.
6. Inform and remind the public of the long-term benefits of the project.
7. Reassure the public that neighborhood impacts, which are a high priority of OC SAN, have been thoroughly assessed and mitigated.
8. Help the impacted public feel involved and part of the process.
9. Demonstrate concern and good faith by responding quickly and earnestly to address issues and provide reasonable solutions to concerns or complaints.
10. Attend workshops to discuss design alternatives to minimize public impacts.
11. Build on the existing OC SAN logo to establish project/program identification.
12. Identify outreach outlets/tools – local newspapers, city newsletters, community newsletters, HOA’s, business groups, social media, etc.
13. Develop a public outreach plan to be implemented during design and construction. Plan shall include a Public Impacts Table to evaluate potential impacts to the public, and recommend mitigation measures to be implemented during design and construction phases, not limited to the following:
a. Identify project stakeholders – Provide contact information.
b. Identify audience (church, commuters, residence, etc.) and number of people impacted.
c. Identify activities to be performed during design phase, estimated duration, and anticipated public impacts.
d. Identify activities to be performed during construction phase, estimated
duration and anticipated public impacts.
e. Review and provide analysis of available mitigation measures to reduce, control or eliminate impacts identified.
f. Develop list of anticipated work restrictions imposed by affected cities, agencies, and other stakeholders.
g. Identify special events in the area, day, and duration during design and construction.
h. Identify schedule and scope of current, ongoing, and future construction projects of other cities and agencies within project area.
i. Recommend measures to be implemented during design and construction activities.
j. Identify work by other agencies in same area during the same timeframe for design and construction activities.
k. Rate public impacts (high, medium, and low)
14. Develop Public Impacts Design Memo. The Public Impacts Table shall be included in the Public Impacts Design Memo.
15. Update and maintain public impact documents through the preliminary design
and design phases.
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G. Stakeholders that will require early coordination include:
1. Segerstrom High School
2. Thorpe Elementary School
3. Kaiser Permanente
4. Bristol Place Businesses
5. South Coast Business Park
6. Other affected businesses
7. Local HOAs, including The Aspens, Charleston at South Coast, and
Armstrong Ranch
2.3.6 SPECIALTY SERVICE
A. Right of Way and Real Estate
1. CONSULTANT shall determine access, easement, and laydown areas on private property.
2. CONSULTANT shall secure the services of a qualified Right of Way and Real Estate firm to identify all property owners and tenants within the work area. Previous experience working with public agencies on similar projects is required.
3. The Right of Way and Real Estate firm shall lead coordination between OC SAN, property owners and tenants and aid in negotiating temporary agreements required for project implementation. Prepare all required exhibits and legal
descriptions needed for this work. Up to twelve (12) temporary agreements and one easement legal description is anticipated.
4. The Right of Way and Real Estate firm shall have a real estate appraiser with
a Certified General License in the state of California to appraise the value of property within easements that OC SAN may require for temporary construction access and permanent access to manholes.
B. Flow Monitoring
1. CONSULTANT shall perform flow monitoring. Assume three locations. The flow measurements (five-minute intervals) shall be made continuously during the wet season from November 1st to March 31st and shall capture at least two weeks during dry weather conditions and at least two weeks during dry weather with modified diversion settings. CONSULTANT shall be responsible for all aspects required for accurate flow monitoring including but not limited to permits, confined space entry, manhole repairs if liner is damaged or penetrated, traffic plans and control (to set and retrieve monitors), materials, labor, and equipment. CONSULTANT may also choose to retain and pay for a flow monitoring company to perform such services. The flow patterns and flows shall be used to verify
flows calculated in the hydraulic model based upon land use and to calibrate the model. Assume each flow monitor will need to be removed and re-installed two times to facilitate cleaning.
2. Flows: CONSULTANT shall project future flow (based on measured flow). Flow projections shall be for 2040. Projections shall include minimum, average, and peak flows for dry and wet weather conditions. Flow calculations shall be
consistent with methods used in the master plan and hydraulic model (PS15-08).
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Discrepancies in calculated flows and the hydraulic model flows shall be promptly brought to the attention of OC SAN. Concerns Consultant may have regarding
the hydraulic model, based upon Consultant’s experience or observations shall be promptly brought to the attention of OC SAN.
3. Air Pressure Monitoring: Consultant shall provide field monitoring of air
pressure in the sewer utilizing differential air pressure loggers. Assume six (6) manhole locations along the Santa Ana sewer between the OC SAN Plant No. 1 and the east end of the Project near the Bristol Street intersection. Manhole locations will be identified during preliminary design phase and coordinated with OC SAN prior to initiating any field activities. CONSULTANT shall be responsible for all aspects required for the pressure monitoring including but not limited to permits, confined space entry, manhole repairs if liner is damaged or penetrated, traffic plans and control (to set and retrieve monitors), materials, labor, and equipment.
C. Sonar
1. CONSULTANT shall perform a sonar investigation of the 48-inch Greenville-Banning Channel siphon and the triple barrel (15-inch/24-inch/27-inch) Santa Ana Gardens Channel siphon to estimate the required cleaning effort in construction and determine if the pipeline is suitable for lining.
2. CONSULTANT shall provide all required stamped traffic control plans as part of the encroachment application process required by all cities for use during the sonar investigations.
2.3.7 VALUE ENGINEERING ASSISTANCE (NOT USED)
2.3.8 ENVIRONMENTAL DOCUMENTATION
A. OC San will process a Notice of Exemption to be applied to this project.
CONSTULTANT shall provide support if requested by OC SAN for documentation.
B. CONSULTANT services related to Environmental Documentation may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they shall be based on the requirements of Section III – Project Schedule and based on the following requirements. The CONSULTANT shall allocate the budgeted hours between the Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required. – CONSULTANT shall review existing Programmatic Environmental Impact Report and existing Mitigation, Monitoring, and Reporting Program (MMRP) to determine appropriate mitigation measures to be applied to this project. Development of a new MMRP is not included in this scope of work.
2.3.9 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they will
be based on the requirements of Section III – Project Schedule and the schedule constraints associated with each particular permit. The CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in Phase 2 and
Phase 3 based on when these services will be required.
B. For all applicable Project Elements of this Scope of Work, CONSULTANT shall provide Bid Documents that ensure that the facility features and the facility
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performance, and construction procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications
and supplemental drawings shall be prepared, as necessary, in the format required to obtain all permits.
C. CONSULTANT shall assist OC SAN in obtaining permits. This assistance shall
include completing application forms provided by OC SAN, preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies of all construction drawings and exhibits, and attending meetings with permitting agencies at the request of OC SAN.
D. With the exception of construction contractor-furnished permits, OC SAN staff will execute all applications. All permit fees will be paid directly by OC SAN and are not part of CONSULTANT’s fee.
E. CONSULTANT shall submit all supporting documentation in a timely fashion for all permits required for this project as described below.
F. CONSULTANT shall meet with all agencies during Preliminary Design to present conceptual traffic control and design drawings and receive input prior to submitting for permits.
G. CONSULTANT shall submit for all permits by DS-2.
H. City/County Encroachment Permits
1. City of Santa Ana
2. City of Costa Mesa
3. County of Orange (Flood District)
4. The CONSULTANT shall assume fifteen meetings at two hours each.
I. Stormwater Permitting
1. CONSULTANT shall determine the required stormwater permit.
2. If a SWPPP is required, CONSULTANT shall determine and specify the preliminary Risk Level and Project Type using the California State Water Resources Control Board’s Storm Water Multiple Application and Report Tracking System (SMARTS) based on the R-Factor obtained from US EPA’s online Rainfall Erosivity Factor Calculator for Small Construction Sites.
3. CONSULTANT shall prepare the specification for stormwater using OC SAN’s respective master specification as a starting point. If a SWPPP is required, CONSULTANT shall not begin work on editing the specification until OC SAN has approved the Consultant’s preliminary Risk Level and Project Type.
4. If a SWPPP is required, it is OC SAN’s intent to design linear underground/overhead projects (LUP) to LUP Type 2 requirements, whenever
possible, which is often the most economical approach. CONSULTANT shall coordinate with the OC SAN Project Manager and OC SAN Environmental Compliance Division and edit Stormwater Pollution Prevention Plan specifications
accordingly.
J. Railroad Permits
1. Crossing Permit (if required for air jumpers)
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2. Encroachment Permit (if required for air jumpers)
3. Right of Entry/Temporary Use of Railroad Property (if required)
4. Assume five meetings at two hours each
2.3.10 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project
execution, schedule, budget, subconsultants, and coordination with other projects. The CONSULTANT shall perform the project management requirements in accordance with Exhibit 3 - Project Management Requirements with the project specific options identified below.
B. Project Management Plan (PMP):
☐Not required
☒Required
PMP approval prior to beginning technical work on the project. Assume 15 pages, not including attachments.
C. Project Logs
☒Major Decision Log
☒Project Decision Log
☒Action Item Log
☒Decision Issues Log
☒Meeting Log
☒Risk Management Log
D. Progress Report, Status of Cost Model
☐Not required
☒Required
E. Project Invoices
1. Estimating earned value, tasks shall be further broken down to subtasks of no more than $100,000.
2. Costs for invoicing shall be grouped into the following work packages:
Work Package Description Tasks
3146 Preliminary Design All Phase 2 tasks, except those listed above.
3158 Environmental Documentation Task 2.3.8
3250 CONSULTANT Services During Design Tasks 3.6 through 3.12
3251 Design Submittal 1
3252 Design Submittal 2
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Work Package Description Tasks
3253 Design Submittal 3
Tasks 3.1 through 3.4, divided into effort by design submittal. FDS is charged against DS3.
3254 Bid Support Services Task 3.4
2.3.11 RISK MANAGEMENT
A. When required below, CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk Management Requirements with the project specific options identified below.
B. Risk Management:
☐Not required
☒Required
Initial Risk Workshop PDR Risk Management Workshop: three hours (held three weeks prior to draft
PDR at OC SAN) and will be held virtually.
C. Moderator
1. CONSULTANT shall provide a suitably qualified moderator to conduct the Workshops defined in Exhibit 4 - Risk Management Requirements. The moderator shall have the following attributes:
a. Sufficiently technically knowledgeable to understand the nature of the risks involved, but the moderator need not be a subject matter expert.
2. The Preliminary Design Risk Management Workshop shall be planned and
scheduled for a duration of four hours and will be held at OC SAN offices.
2.3.12 QUALITY CONTROL
A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 6 - Quality Control Requirements.
PDR WORKSHOPS AND MEETINGS
2.4.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
2.4.2 PDR PRODUCTION WORKSHOPS
A. Predesign Kickoff Workshop
1. A two-hour project kick-off meeting shall be held with OC SAN staff to introduce principal members of OC SAN and CONSULTANT’s teams. The
discussion topics shall include: OC SAN responsibilities, CONSULTANT’s responsibilities, invoice procedures, personnel badges, parking, site access, CONSULTANT’s Scope of Work, detailed project schedule with milestones, Work
Breakdown Structure requirements, and OC SAN confined space and other safety policy training.
B. PDR Production Workshops shall be held during Preliminary Design to review the topics listed below. The list below also indicates the number of workshops to be held to
2.4
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cover the specific topic. Unless otherwise noted, each workshop shall be 4 hours in length. Assume all PDR Workshops are virtual.
PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF WORKSHOPS
PDR Production Kickoff 1
PDR Production Workshops
Rehabilitation Alternatives 1
Hydraulic Analysis 2
Basis of Design 1
Utility Investigations and Geotechnical 1
Public Impacts 1
Traffic Control 1
Permit Requirements 1
Environmental, Stormwater and Regulatory Requirements 1
Implementation Plan and Sequencing Constraints1 2
1Assume a two-hour site visit accompanied by a four-hour workshop.
2.4.3 PDR REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1. Design Memo Validation Meetings (assume twelve three-hour meetings).
CONSUTANT shall review responses to OC SAN comments.
2. Draft PDR Presentation Workshop (assume four hours)
3. Draft PDR Validation Workshop (assume four hours)
4. PDR Validation Workshop (assume four hours)
2.4.4 PDR CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held after the draft PDR submittal review to
identify any fatal flaws in the design relative to constructability. Some of the subjects that shall be covered in this workshop include the following: conflicts between design disciplines, traffic control, geotechnical considerations, construction sequencing, safety, access for maintenance, size-critical equipment requirements and constraints, air jumper location, permitting, public nuisance issues, other local conditions and constraints.
B. This workshop shall be held at OC SAN facilities and shall generally be four hours in length. OC SAN and CONSULTANT staff shall attend this workshop.
C. CONSULTANT shall be responsible for completing the following tasks relative to the workshop:
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1. Prepare package for constructability review workshop participants. The package shall consist of detailed plans and specifications and other information
selected by CONSULTANT.
2. Prepare presentation on the project.
3. Summarize the constructability review workshop comments and action taken
on each comment in a memorandum.
4. All comments and recommendations of the workshop shall be incorporated into Implementation Plan Design Memo and the Bid Documents.
2.4.5 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be held every four weeks for two hours to review various issues with OC SAN’s project team. Assume a total of twelve virtual meetings shall be held during Preliminary Design Phase. The CONSULTANT shall coordinate with the OC SAN Project Manager to determine what topics will be covered in what meetings, and what OC SAN and CONSULTANT team members are required for each.
2.4.6 FOCUSED MEETINGS
A. Focused meetings shall be held throughout preliminary design to discuss specific issues in detail and generate comments and direction from OC SAN staff. Assume one-hour virtual weekly meetings unless noted otherwise. The following tentative list of topics may be covered in these meetings:
1. Site survey
2. Site meetings (traffic, site walk, public outreach, cleaning, etc.). Assume five four-hour in person meetings.
3. Site utility coordination
4. Geotechnical report
5. Quality control plan
6. Hydraulics and Hydraulic Modeling (several meetings as necessary)
7. Permits
8. OC SAN’s Contractor Safety Standards, confined space and other safety requirements
9. City requirements
10. Survey and geotechnical requirements (including potentially contaminated
soil)
11. Potholing
12. Utilities and utility tie-ins
13. Public Outreach
14. Public Outreach field meetings. Assume five two-hour meetings
15. Bypass Pumping (several meetings as necessary)
16. Construction sequencing
17. Safety
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18. Special studies (including sonar, noise and flow monitoring)
19. Coordination with other projects
20. Additional meetings as necessary
B. Meeting lengths shall be as required to cover the topic in question. Depending on subject matter and attendees, one meeting may cover multiple subjects.
CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary to allow coordination between CONSULTANT and OC SAN staff.
2.4.7 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall coordinate potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
P1-105 Headworks Rehabilitation at Plant 1 1 meetings @ 1 hour
1-24 Greenville Sub-Trunk Improvements 1 meetings @ 2 hours
FE19-04 Sunflower Pump Replacement at Plant 1 1 meeting @ 1 hour
One Metro West 15-acre mixed-use community development
north of the 405 freeway in Costa Mesa.
2 meetings @ 1 hour
2.4.8 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OC SAN’s policies and practices.
3. PHASE 3 – DESIGN
BID DOCUMENTS
3.0.1 GENERAL
A. CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required based on the design concepts and criteria developed during Phase 2 - Preliminary Design. In this Scope of Work, construction documents include specifications; drawings, traffic control plans, and bypassing plans.
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
3.0
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A. All changes in OC SAN’s Engineering Standards, OC SAN’s Design Guidelines, and/or changes in design concepts and facility layouts as a result of OC SAN
comments that may occur up to transmittal of OC SAN comments on Design Submittal 1, shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
A. The following are the minimum Additional GRs topics required for this project:
☒Summary of Work
☒Work Sequence
☒Work Restrictions for Collections
☒Permits
☐Environmental Restrictions and Controls
☒Measurement and Payment (includes Mobilization/Demobilization)
☒Contractors Construction Schedule and Reports
☐Seismic Design Criteria (for those restraints, supports, etc. to be design by the
Contractor)
☒Shipping, Storage and Handling
☒Traffic Control
☒Contractor and Engineer’s Field Offices
☒Project Control Management System (PMWeb construction management
software)
☐Equipment Service Manuals
☐Equipment and Instrument Database (EID)
☐Training of OC SAN Personnel
☒Hazardous Materials Mitigation and Controls
☐Mold Remediation and Controls
3.0.4 DESIGN SUBMITTALS
A. The CONSULTANT shall produce the following design submittals as indicated below in accordance with Exhibit 2 - Design Requirements. If a design submittal is
eliminated, then the design submittal shall include the requirements associated with the required design submittal along with the requirements associated with the previous unchecked design submittals.
☒Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
B. Continuing Work After Design Submittal Submission
☐CONSULTANT is expected to continue design work on the project while OC
SAN staff reviews Design Submittal 1 and Design Submittal 2. For Design Submittal 3, CONSULTANT shall stop all design work until receipt of OC SAN comments on that submittal.
☒CONSULTANT is expected to stop design work on the project until OC SAN
staff completes the review of each Design Submittal.
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3.0.5 CONSTRUCTION SUBMITTAL ITEMS LIST
☐OC SAN will develop the Construction Submittal Items List in accordance with
Exhibit 2 - Design Requirements.
☒CONSULTANT shall develop the Construction Submittal Items List in accordance
with Exhibit 2 - Design Requirements.
3.0.6 TEMPORARY FACILITIES DURING CONTRUCTION
☐Temporary facilities and bypass pumping are not required.
☐Temporary facilities and bypassing during construction are required, as described
under the “Temporary Facilities During Construction” paragraph under the Project
Elements and shall be described in words on the drawings and technical specifications.
☒Detailed plans and work sequence for temporary facilities, traffic control and
bypassing during construction, as described under the “Temporary Facilities During Construction” paragraph under the Project Elements.
DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance Exhibit 2 - Design Requirements.
B. Design Information
1. CONSULTANT shall include the following material with each Design Submittal:
a. CONSULTANT shall maintain the Project Logs specified under Phase 2 Project Management through Phase 3. Current copies of all logs shall be included with each Design Submittal.
b. Written response log to OC SAN comments on the previous submittal.
c. CEQA and Regulatory Compliance Matrix. This matrix shall list each applicable CEQA mitigation requirement and all known permit requirements with the corresponding description of how each requirement is to be satisfied. Measures to satisfy requirements might be in the GRs, Additional GRs, particular specification requirements, or actions taken separately from the construction contract.
d. Calculations
e. Draft or final Geotechnical Reports.
f. Proposed list of suppliers to be named in the specifications for major equipment
g. Draft or final Field Findings Reports not submitted in the previous submittal and those revised since the previous submittal.
h. Equipment catalog cuts and vendor quotations.
i. All memos that have been prepared since the previous submittal was delivered.
C. Facility Operation and Maintenance
3.1
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☒Not required.
☐Update operating philosophies
☐Update estimates of Operation and Maintenance staffing requirements
D. Electrical Deign Documentation
☒Electrical design documentation not required.
☐Updated Electrical Load Criticality Table
☐Electrical Analysis Report
☐Load list for all equipment
☐Equipment sizing from three manufacturers for motor control centers, switchgear,
transformers, and power panels
☐Lighting calculations
☐Standby generator sizing calculations
☐Ductbank cable pulling tension, derating, and cable tray fill calculations
E. Power System Studies
☒ETAP not required.
☐Plant ETAP model for the project performed by OC SAN.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
A. The CONSULTANT shall provide a cost estimate for the associated design
submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☒Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A. The CONSULTANT shall provide a Preliminary Construction Schedule for the
associated design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☐Construction Schedule is not Required
☒Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A. The CONSULTANT shall recommend the appropriate procurement alternatives as described in Exhibit 2 - Design Requirements.
☒Procurement alternatives not required
☐Procurement alternatives required
DESIGN ACTIVITIES 3.2
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The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all
subconsultants, including reviewing their work products prior to submission to OC SAN.
3.2.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. CONSULTANT services related to Easements, Property Boundaries and Work Area
Limits on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.2 TOPOGRAPHIC SURVEY
A. CONSULTANT services related to Topographic Survey on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.3 UTILITY INVESTIGATION
A. CONSULTANT services related to Utility Investigation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
B. Final Design Submittal Utility Coordination Reviews
1. During DS3 submittal review, the CONSULTANT shall meet with outside agencies to verify any changes made by agency during final design period and compare them with the Contract Drawings. CONSULTANT shall follow through with due diligence on utilities that do not participate in the USA program, unknown owner of a facility and/or abandoned utilities.
2. During DS3 submittal review, an on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OC SAN’s Project Engineer and Supervising Inspector. The CONSULTANT’s representative shall be experienced in the location and identification of utilities in the field. During the on-site inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the Contract Drawings.
3.2.4 NOISE EVALUATION SERVICES
A. CONSULTANT shall determine if advanced noise evaluation services is required and secure the services of a Subconsultant to prepare a field finding Noise Report, if
required. This report shall include the following:
1. Visit site and conduct ambient noise measurements to establish baseline. Assume noise measurements are required at five sites.
2. Identify external sources of noise.
3. Identify potential methods for defining noise impacts.
4. Develop noise model consistent with noise impact assessment methods.
5. Determine exterior noise levels and compliance with assessment standards.
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6. If required, develop mitigation measures to meet design standards.
7. Determine compliance with OSHA’s regulations.
8. If needed, determine mitigation measures to meet OSHA’s requirements.
9. Prepare written report on findings and recommendations.
3.2.5 TRAFFIC CONTROL SERVICES
A. CONSULTANT shall determine traffic control requirements and prepare plans and specifications for all construction activities performed within or adjacent to the public ROW. The traffic control plans shall be approved by the AHJ by FDS. Additionally, the Traffic Control designer shall attend City and OC SAN Submittal review meetings, workshops, validation meetings and focus meetings, as needed.
3.2.6 PUBLIC RELATIONS
A. CONSULTANT services related to Public Relations on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. The CONSULTANT shall allocate the budgeted hours between the Public Relations services in Phase 2 and Phase 3 based on when these services will be required.
3.2.7 SPECIALTY SERVICE
A. CONSULTANT services related to Right of Way and Real Estate on the project are specified in Phase 2 – Preliminary Design and those services shall continue during
Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.8 ENVIRONMENTAL DOCUMENTATION
A. CONSULTANT services related to Environmental Documentation on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. The CONSULTANT shall allocate the budgeted hours between the
Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required.
3.2.9 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in Phase 2 and Phase 3 based on when these services will be required.
3.2.10 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects.
CONSULTANT services related to Project Management on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between
Phase 2 and Phase 3 based on when these services will be required.
3.2.11 RISK MANAGEMENT
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A. CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk Management Requirements. Moderator shall be as specified for Phase 2 –
Preliminary Design.
B. Risk Management:
☐Not required
☒Required
☒DS1 Risk Workshops: 1 hour (held during OC SAN’s review of DS1 at OC SAN)
☒DS2 Risk Workshops: 1 hour (held during OC SAN’s review of DS2 at OC SAN)
☒DS3 Risk Workshop: 2 hours (held during OC SAN’s review of DS3 at OC SAN)
3.2.12 QUALITY CONTROL
A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 6 - Quality Control Requirements.
☒Independent Multi-Discipline Design Workshop is not required.
☐Independent Multi-Discipline Design Workshop is required. (minimum duration of 4
days)
DESIGN WORKSHOPS AND MEETINGS
3.3.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
3.3.2 DESIGN PHASE WORKSHOPS
A. The focus of workshops is to review project progress to date and the technical decisions that have been made in focused meetings. CONSULTANT shall conduct the workshops listed below in Phase 3 – Design. The CONSULTANT shall allow the following time for each workshop:
DESIGN PHASE WORKSHOPS WORKSHOP TYPE DURATION Design Kickoff Workshop 2 hours
Design Review Meetings 2 hours
Design Validation Meetings 4 hours
B. The following Design Review Meetings shall include the following topics, as
applicable to the project:
1. Civil/Yard
2. Construction
C. A single workshop shall be provided for the Design Review Meetings
D. During final design, Review and Validation Meetings shall be held after each design submittal.
3.3.3 PRE-DS2 CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held prior to the DS2 submittal and shall be a three-day workshop. The constructability review is intended to provide OC SAN with an objective third-party review of the Bid Documents for effectiveness in communicating information to prospective bidders. The review shall determine if the Bid Documents
3.3
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have sufficient information needed to bid and construct the project and avoid misunderstandings and misinterpretations that may lead to conflict, confusion or claims
during construction. This review is not a comprehensive plan check, a dimensional check or a value engineering assignment. Further, it is recognized that comments may only be given on the level of detail provided at this level of design.
B. Constructability review participants shall include highly experienced individuals from construction companies, OC SAN construction management staff and CONSULTANT construction management staff. Specialty Consultants and discipline engineers may also be included.
C. Each constructability review participant shall receive a package at least two weeks in advance. The package shall include plans and specifications, general conditions, the CPM schedule, the construction cost estimate, permits, and other pertinent information.
D. The constructability review shall be held on-site.
E. Day 1 shall start with a site visit, for the reviewers to acquaint themselves with the site conditions. After the site visit, the CONSULTANT shall make a short presentation, followed by a question-and-answer period. This is anticipated to take about 1/2 day. The second half of Day 1, Day 2, and the first half of day three shall be individual workdays for the Constructability Review Team. The CONSULTANT shall not attend, although one designated individual from the CONSULTANT’s Design Team shall
remain to answers questions and gather additional information that the constructability review team might need.
F. On the afternoon of Day 3, the CONSULTANT shall return and listen to comments
from the Constructability Review Team. A designated individual shall record the comments, and take notes from the workshop, to document the process.
G. Topics the Constructability Review Team must consider shall include:
1. Project consistency, discrepancies, and constructability issues
2. Contradictions, bid package strategies, and biddability issues
3. Size critical equipment requirements and constraints
4. Utility company requirements
5. Construction methods and mitigating impacts
6. Access for maintenance
7. Access to make proper connections
8. User-friendliness and safety
9. Coordination with other projects
10. Draft Commissioning Plan
11. Public nuisance issues
12. Risk sharing
13. Construction sequencing and schedule, materials storage and work zone accessibility
14. Clarity of the scope of work, and interface activities
15. Impacts on existing operation
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16. Access
17. Cost control
18. Partnering with contractor
19. Other local conditions and constraints
H. The Constructability Review Team shall provide a list of comments and the
CONSULTANT shall respond to each comment, selecting those comments to be included in the final plans and specifications.
I. To facilitate the Constructability Review Workshop, CONSULTANT shall complete the following tasks:
1. Prepare package for constructability review participants, see 3.3.3.C.
2. Prepare presentation on the project for the Constructability Review Team.
3. Meet with Constructability Review Team to receive comments.
4. Provide listing of constructability review comments and action taken on each comment. (The summary report of constructability review comments shall be prepared by the Constructability Review Team.)
J. All comments and recommendations of the workshop shall be incorporated into the Bid Documents at no additional cost to OC SAN.
3.3.4 DESIGN PHASE MEETINGS
A. Technical Progress Meetings
1. Technical Progress Meetings shall be held every four weeks for two hours to review various issues with OC SAN’s project team. A total of twenty meetings shall be held during Design Phase. The CONSULTANT shall coordinate with the
OC SAN Project Manager to determine what topics will be covered in what meetings, and what OC SAN and CONSULTANT team members are required for each.
B. Focused Meetings
1. Focused meetings shall be held throughout preliminary design to discuss specific issues in detail and generate comments and direction from OC SAN staff. Assume one-hour virtual weekly meetings unless noted otherwise. The following tentative list of topics may be covered in these meetings:
a. Site survey
b. Site meetings (traffic, site walk, public outreach, cleaning, etc.). Assume five two-hour in person meetings.
c. Site utility coordination
d. Geotechnical report
e. Quality control plan
f. Common names for facilities
g. Hydraulics and Hydraulic Modeling
h. Process Flow diagram/Operating Philosophy (several meetings as needed)
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i. Permits
j. Confined space and other safety requirements
k. Survey and geotechnical requirements
l. Potholing
m. Hazardous Area classification (with OC SAN Authority Having Jurisdiction
representative participating)
n. Utilities and utility tie-ins
o. Technical Definitions/equipment data sheets
p. Bypassing (several meetings as necessary)
q. Construction sequencing
r. Special studies (including sonar, noise and flow monitoring)
s. Coordination with other projects
t. Additional meetings as necessary
2. Each meeting shall generally be two-four hours in length. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary to allow coordination between the CONSULTANT and OC SAN staff.
3.3.5 CONSULTANT OFFICE TECHNICAL MEETINGS (COTMS)
A. OC SAN has found it mutually beneficial to visit the CONSULTANT offices from time to time to observe the detailed design in process, answer detailed technical questions, and establish lines of communications with CONSULTANT staff. During the Design
Phase, CONSULTANT shall arrange for OC SAN staff to meet in CONSULTANT’s work center and audit “over the shoulder” design reviews with CONSULTANT’s staff. The reviews will be monitored by a member of CONSULTANT’s Management Team.
Signification decisions will be reported to Consultants Project Manager and OC SAN’s Project Manager and logged into the Decision Log. Action items will be identified.
B. The CONSULTANT shall schedule, at a minimum, the following CONSULTANT Office Technical Meetings (COTMs):
1. Two four-hour visits to review CONSULTANT Implementation of CAD standards.
2. One two-hour follow up visits for the above.
C. The CONSULTANT shall schedule each of the above COTMs and shall coordinate with OC SAN’s Project Manager to be sure the correct personnel participate in the meetings. The CONSULTANT may propose additional, eliminate, or combine COTMs as needed to support the detailed design.
D. OC SAN may also request additional “over the shoulder” design review meetings to audit the design in other areas not listed above.
3.3.6 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall
02-11-2022 Project No. 1-23 – Design SOW Page 44 of 52
coordinate potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
P1-105 Headworks Rehabilitation at Plant 1 2 meetings @ 1 hour
1-24 Greenville Sub-Trunk
Improvements 2 meetings @ 2 hours
FE19-04 Sunflower Pump Replacement at Plant 1 1 meeting @ 1 hour
One Metro West 15-acre mixed-use community development north of the 405 freeway in Costa Mesa.
2 meetings @ 1 hour
3.3.7 SAFETY AND RISK MEETING
A. One two-hour meeting with OC SAN Safety and Risk Management personnel between DS2 and DS3 to review the plans and specifications in accordance with OC
SAN safety policies and OC SAN Risk Management goals.
3.3.8 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A. One two hour meeting with OC SAN between DS2 and DS3 to review the CONSULTANT’s approach to developing the project Construction Submittal Items List using the CONSULTANT-provided specifications and discuss the grouping of submittals in commissioning packages and phases. One two-hour meeting with OC SAN between DS3 and FDS to review the Construction Submittal Items List.
3.3.9 STORMWATER COMPLIANCE MEETING
A. A formal one-hour meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OC SAN’s policies and practices.
BID PHASE SUPPORT SERVICES
3.4.1 BID PHASE SUPPORT SERVICES
A. CONSULTANT shall provide the following bid period services:
1. Participate in the pre-bid meeting.
2. Prepare project drawing set and project specification addenda to provide clarification and resolve errors and omissions identified prior to bid opening.
3.4.2 BID EVALUATION ASSISTANCE
A. Participate in reviewing alternate equipment proposals from the Contractor, if applicable.
3.4
02-11-2022 Project No. 1-23 – Design SOW Page 45 of 52
B. Participate in the evaluation of the submitted bids, furnish consultation and advice to OC SAN staff and assist with all the related equipment, cost, and other analyses as
required to finalize the award decision.
02-11-2022 Project No. 1-23 – Design SOW Page 46 of 52
3.4.3 CONFORMED DOCUMENT PREPARATION
A. Within four weeks of the bid date, prepare conformed documents set (drawings,
databases, specifications, and other required materials) that incorporates the addenda. See Engineering Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.4 “Preparation of Project Deliverables” for requirements as
modified in Section V of this Scope of Work, “Project-Specific Deviations from OC SAN Design Guidelines” and the requirements of the CAD Manual).
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
Not in this Scope of Work.
5. PHASE 5 – COMMISSIONING SERVICES
Not in this Scope of Work.
6. PHASE 6 – CLOSE OUT
Not in this Scope of Work.
7. GENERAL REQUIREMENTS
GENERAL
7.0.1 OC SAN ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A. CONSULTANT shall refer to and adhere to the requirements of OC SAN Contractor
Safety Standards, OC SAN Engineering Design Guidelines, any deviations to the Engineering Design Guidelines listed below, and other OC SAN’s Design Standards referenced therein. Exhibit 16 - Spec Review using Microsoft Word and Teams
B. Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917 is a complete set of the OC SAN Contractor Safety Standards and OC SAN Design Standards, the latest edition at the time of the design proposal stage.
C. The Engineering Guidelines define what plant design concepts/tools/methods and project management requirements shall be adhered to and in what manner they shall be used/provided by Consultants, e.g., requirements regarding design concepts, submittals, documentation details, use of OC SAN Master Specifications, and other related OC SAN Standards, etc.
D. Refer also to Section “CONSULTANT’s Responsibilities” in OC SAN Engineering Design Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that mandates rules and conventions to be used in all OC SAN project specifications.
E. The project Scope of Work defines whether or not each specific deliverable described in the Guidelines shall be part of the project and when each task shall take
place.
F. The project Scope of Work also includes requirements that supplement and/or modify the Guidelines requirements for this project.
G. The project Scope of Work and OC SAN Engineering Design Guidelines impact CONSULTANT’s project cost.
7.0
02-11-2022 Project No. 1-23 – Design SOW Page 47 of 52
H. Except as specified in this Scope of Work, design of all facilities shall conform to the recommendations of the currently approved Master Plan for OC SAN facilities. The
project shall also incorporate all applicable mitigation measures included in associated environmental documents and site-specific local requirements.
I. In addition, OC SAN will require the CONSULTANT to follow subsequent revisions
of OC SAN Contractor Safety Standards, OC SAN Engineering Design Guidelines and other OC SAN Design Standards up to transmittal by OC SAN of comments on Design Submittal 2, shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
J. OC SAN may update OC SAN’s Master Specifications and/or add new OC SAN Master Specifications up to transmittal by OC SAN of comments on Design Submittal 2. The CONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal.
K. The CONSULTANT shall not begin editing the project specifications until the project team meets with OC SAN’s Design Standards Custodian to discuss and receive comments regarding the CONSULTANT’s proposed list of project specifications (assume two hours). This meeting will be used to determine which specifications are to use OC SAN’s master specifications, and where other sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A. Project tasks and deliverables shall include the requirements described in this Scope of Work. CONSULTANT shall also refer to Appendix A of OC SAN Engineering Design Guidelines for the level of detail requirements for individual deliverables in each
Phase of the project not covered in the Scope of Work.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A. CONSULTANT shall develop with OC SAN staff and include in the Bid Documents
detailed requirements for construction sequencing and constraints. These shall ensure safe and reliable operation and maintenance of OC SAN facilities. The facilities must be kept on-line and fully operational with minimal interruptions throughout construction.
B. Meetings with OC SAN staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to OC SAN work schedules. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements.
7.0.4 STANDARD DRAWINGS AND TYPICAL DETAILS
A. All the details used in the project (OC SAN’s Standard Drawings, City or Agency Standard Drawings, and CONSULTANT-developed typical details) shall be shown on
the Plans.
7.0.5 SOFTWARE
A. The CONSULTANT is expected to develop and provide the deliverables using the
standard software currently approved for use by OC SAN. The standard OC SAN software includes, but is not limited to, the following:
1. Windows Professional
2. Esri software (fGDB, pGDB or shapefile formats)
3. Microsoft Internet Explorer
--
02-11-2022 Project No. 1-23 – Design SOW Page 48 of 52
4. Autodesk software (AutoCAD, AutoCAD Map3D or compatible dwg file format)
5. Microsoft Office, including MS Teams
6. Maximo
7. Bluebeam Revu eXtreme
8. Primavera P6 for scheduling
9. Innovyze ICM Hydraulic Model
10. Database software as defined elsewhere in the project Scope of Work
B. Any software that the CONSULTANT needs to comply with these standards shall be purchased and maintained by the CONSULTANT at no additional cost to OC SAN. In the event OC SAN provides the CONSULTANT with access to OC SAN software and hardware at an OC SAN facility in order to facilitate performance of their work, all software shall remain the property of OC SAN. Only software licensed to OC SAN shall be installed on OC SAN equipment. In addition, only OC SAN IT Department staff will perform the installation of this software.
7.0.6 SUBMITTAL REVIEW USING BLUEBEAM
A. OC SAN has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a
detailed explanation on how Bluebeam will be used to provide, validate, and close submittal review comments.
B. Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 - Bluebeam Designer Training for Submission and “OC SAN CAD Standards Manual” prior to submission.
C. A one-hour training session on the use of Bluebeam and custom status menu will be
provided by OC SAN. All Consultant team members responsible for quality control and reconciliation of submittal comments shall attend.
7.0.7 WORD TRACK CHANGES
A. Specifications documents and other MS-Word based deliverables will be hosted in OC SAN Teams environment for review. The guidelines for reviewing and commenting on MS-Word files, including Specifications reviews, can be found in Exhibit 16 - Spec Review using Microsoft Word and Teams.
7.0.8 GIS SUBMITTALS
A. Consultant shall provide the following GIS deliverables propagated from approved design submittals after the design submittal is accepted. These GIS submittals will not be reviewed or presented by Consultant. The purpose is to provide project specific GIS
layers that could be used to visualize interproject dependencies and conflicts.
1. Electronic Submittal
a. Kmz files for use with Google Earth
2. Final PDR
a. Single project boundary (Polygon)
02-11-2022 Project No. 1-23 – Design SOW Page 49 of 52
(1) Boundary to encompass all new facilities and existing to be modified including:
• Buildings\Structures
• Tunnels
• Utilities
• Pavement
• Street boundary (ROW to ROW) of possible alignment
b. Structures (Polygon)
• New structure outline
• Additions to existing structures
• Structure label
3. DS1
a. Project boundary - updated from PDR
b. Structures - updated from PDR
c. Utilities (Polyline)
(1) Utility alignment
d. Manholes (Point)
e. Excavation of pits (Polygon)
(1) Pits that will stay open for extended duration
(2) CIPP
(3) Tunnel - jacking and receiving
(4) All pits should be labeled
4. DS2, DS3, and FDS
a. Project boundary - updated from previous DS
b. Structures - updated from previous DS
c. Utilities - updated from previous DS
d. Manholes - updated from previous DS
e. Excavation of pits - updated from previous DS
f. Critical (as defined by Dig Alert) utility crossings (Point)
(1) Crossing of Dig Alert critical utilities
(2) Critical utility label
• Natural gas
• Fuel pipeline
• 12 kV Electrical
g. Asphalt (Polygon)
(1) Asphalt to be replaced
02-11-2022 Project No. 1-23 – Design SOW Page 50 of 52
7.0.9 PMWEB PROCEDURES
A. This Agreement shall utilize PMWeb as the Project Control Management System
(PCMS) for overall management of the Agreement. All PCMS related documents requiring formal signatures shall be digital, and all copies digitally distributed. The PCMS conforms to the requirements set forth in California Government Code section
16.5 regarding digital signatures; therefore, digital signatures are in full force and effect and are legally the same as a hand-written signature. At least one PCMS account shall have the authority to approve Amendments.
B. OC SAN shall maintain the PCMS and serve as the administrator for the duration of this Agreement. OC SAN will provide the CONSULTANT with user access for approved personnel as needed for the duration of the Agreement. OC SAN shall control access to the PCMS by assigning user profiles and login credentials. Notify OC San of any changes to personnel. Access modifications shall be coordinated as needed throughout the Agreement. Do not to share PCMS account passwords with anyone inside or outside of the company.
C. Routine maintenance of the PCMS system may be required during the Agreement. Access to the PCMS system may be restricted or unavailable at these times and will be scheduled outside of typical working hours whenever possible.
D. The PCMS is a web-based environment and is therefore subject to the inherent
speed and connectivity problems of the Internet. The CONSULTANT is responsible for its own connectivity to the Internet. PCMS response time is dependent on the CONSULTANT’s equipment, including processor speed, Internet access speed,
Internet traffic, etc.
E. OC SAN will not be liable for any delays associated with the utilization of the PCMS including, but not limited to: slow response time, down time periods, connectivity
problems, or loss of information.
F. The OC SAN will provide a one-time free training session of up to two (2) hours to train CONSULTANT’s designated staff on general system requirements, procedures, and methods.
G. Automated system notifications generated via PCMS (e.g. in-system notices, system generated email, or email with attachment) shall constitute a formal written notification in compliance with the Professional Design Service Agreement (PDSA).
8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN
GUIDELINES (NOT USED)
9. STAFF ASSISTANCE
OC SAN staff member or designee assigned to work with CONSULTANT on the design of this project is Victoria Pilko at (714) 454-4192, e-mail to: vpilko@ocsan.gov.
10. EXHIBITS
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 2 - Design Requirements
Exhibit 3 - Project Management Requirements
02-11-2022 Project No. 1-23 – Design SOW Page 51 of 52
Exhibit 4 - Risk Management Requirements
Exhibit 5 - Workshop and Meeting Requirements
Exhibit 6 - Quality Control Requirements
Exhibit 7 - Design Submittal Requirements Matrix
Exhibit 8 - Project Schedule Calculation
Exhibit 9 - Deliverables Quantities
Exhibit 10 - Sample Construction Cost Estimate Format
Exhibit 11 - Sample Full Project Safety Review Plan
Exhibit 12 - Sample Risk Management Check List
Exhibit 13 - MMRP Log Template
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - Spec Review using Microsoft Word and Teams
Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.ocsd.com/about-us/transparency/document-central/-folder-917
Exhibit 18 – Overall Project Map
Exhibit 19 - Project Reference Material
19.A. Project No. 1-1 Record Drawings
19.B. Project No. 1-1-A Record Drawings
19.C. Project No. 1-15R Record Drawings
19.D. Project No. 14-1-1A-2 and 1-16 Record Drawings
19.E. Project No. 1-17 Record Drawings
19.F. Project No. 1-17 TM 1 – Design Parameters
19.G. Project No. 1-17 TM 2 – Record Investigation and Easement
Documents
19.H. Project No. 1-17 TM 3 – Hydraulic Modeling
19.I. Project No. 1-17 TM 4 – Odor Monitoring and Mitigation
19.J. Project No. 1-17 TM 5 – Manhole and Pipeline Inspections and
Condition Assessment
19.K. Project No. 1-17 TM 6 – Planning Level Rehabilitation
Recommendation
19.L. Project No. 1-17 Preliminary Geotechnical Evaluation
19.M. Manhole CCTV Reports (2021)
19.N. Pipeline CCTV Reports (2021)
19.O. Condition Assessment Report for Santa Ana Trunk Line Between
Manholes SAN0140 and SAN0190 (2020)
19.P. Corrosion Assessment Summary Report SAN0045 to SAN0110
(2019)
19.Q. Santa Ana Trunk Sewer Inspection Report (2002)
02-11-2022 Project No. 1-23 – Design SOW Page 52 of 52
19.R. Talbert Trunk Line – Rights Analysis
19.S. Connection Permits
Exhibit 20 - NOT USED
Exhibit 21 - NOT USED
Exhibit 22 - NOT USED
Exhibit 23 - NOT USED
Exhibit 24 - NOT USED
Exhibit 25 - NOT USED
Exhibit 26 - NOT USED
Exhibit 27 - NOT USED
Exhibit 28 - NOT USED
CF:VP:dm
3/29/2022
1
Presented by:
Marianne Kleine
Engineering
Supervisor
Operations
Committee
April 6, 2022
Santa Ana Trunk Sewer Rehabilitation
Project No. 1‐23
Consultant Award
2
Project Location:
Cities of Costa Mesa and Santa Ana
Costa Mesa
Santa Ana
Alton Ave
Fa
i
r
v
i
e
w
St
Br
i
s
t
o
l
St
Ha
r
b
o
r
Bl
v
d
MacArthur Blvd
Sunflower Ave
Project No. 1‐23
Santa Ana Trunk
1
2
3/29/2022
2
•Built in the early 1950s
•Severe deterioration:
•Exposed aggregate and reinforcement steel
•Infiltration
•Liner and coating delamination
What is the Problem?
42” at SAN0155-0000 2020
3
Liner peeling off at SAN0145‐0000
4
What is the Solution?
Water or Steam
•Cured‐in‐place Pipe
Rehabilitation (CIPP)
•Manhole Rehabilitation
3
4
Refrigerated
Truck
3/29/2022
3
5
•Four proposals received
•Interviews conducted with top two firms
•Stantec Consulting Services, Inc. selected
•Clear project understanding
•Experienced Project Team
•Detailed implementation plan to meet project goalsSelection
Process
6
Negotiations
Original Proposal Negotiated
Total Hours 15,425 17,211
Total Fee $3,667,767 $3,880,000
•Clarified scope of work and design assumptions
•Added 28 drawings (bypass, pavement restoration,
details)
•Ensured proper scope and level of effort are appropriate
for the work
5
6
3/29/2022
4
7
Recommend to the Board of Directors to:
A. Approve a Professional Design Services
Agreement with Stantec Consulting Services, Inc.
to provide engineering services for Santa Ana
Trunk Sewer Rehabilitation, Project No. 1‐23, for
an amount not to exceed $3,880,000; and
B. Approve a contingency of $388,000 (10%).
Recommendation
Questions
?
8
7
8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2255 Agenda Date:4/27/2022 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
SUPPLEMENTAL ENGINEERING SERVICES, CONTRACT NO. PSA2021-002
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Professional Services Agreements to provide Supplemental Engineering Services, Contract
No. PSA2021-002, for a three-year period commencing May 1, 2022, through April 30, 2025, with two
one-year renewal options, for an amount not to exceed $29,700,000 per individual agreement with
the following two firms:
·AECOM Technical Services, Inc.
·Jacobs Project Management Co.
BACKGROUND
Orange County Sanitation District’s (OC San’s) Engineering Department includes 99 full time staff in
a variety of engineering, inspection, administrative, and engineering support roles, plus 13
supervisors, four managers, and the Director of Engineering. The department manages the
execution of the Capital Improvement Program (CIP), as well as many of the more complex repair
projects. Using its project controls staff and program management tools, the Engineering
Department forecasts staffing levels over the next 20 years to deliver the program.
To ensure that projects are completed on time and properly controlled, OC San has been utilizing
supplemental engineering services agreements. The benefits of this approach, as opposed to hiring
full-time staff or limited-term employees, include the ability to adjust staffing levels for a variety of
disciplines from month-to-month and year-to-year, access to certain engineering disciplines,
specialists, and technical experts needed only intermittently, and rapid mobilization of highly skilled
technical resources for third party reviews such as value engineering and constructability reviews.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Sustain 1, 5, 20-year planning horizons
·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and
Orange County Sanitation District Printed on 4/19/2022Page 1 of 4
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2255 Agenda Date:4/27/2022 Agenda Item No:10.
equitable fees”
PROBLEM
OC San anticipates a $1.5 billion CIP from July 2022 through June 2027.
Although staff intends to request additional positions in the proposed Fiscal Year 2022-23 and 2023-
24 budget, the projected workload will still exceed the number of staff.
The current supplemental engineering support agreement with Jacobs Project Management Co.
started in July 2016 and may be extended no later than June 2023.A similar agreement with Jacobs
Project Management was in effect between May 2012 and June 2016.
PROPOSED SOLUTION
Approve two Professional Services Agreements to provide Supplemental Engineering Services for up
to a five-year period ending in April 2027.
When OC San identifies the need for supplemental professional resources,whether to complete a
specific task or fill a project or program role,the two firms will be requested to propose appropriately
qualified staff.OC San will then determine the most appropriate team for the assignment,and either
authorize the person or persons to fill the project role or negotiate the budget and schedule for the
task.
Staff will provide quarterly reports to the Board of Directors on the utilization of the Supplemental
Engineering Services contracts.
TIMING CONCERNS
Although the existing Supplemental Engineering Services agreement with Jacobs could be
terminated in June 2022,an overlapping period between the existing contract and the new contracts
will allow existing assignments to either be completed in the coming year or migrated through a
phased approach before the existing contract expires.
RAMIFICATIONS OF NOT TAKING ACTION
Without the necessary engineering resources,projects will have to be delayed,and certain specialty
services will need to be separately procured as needed,resulting in delays and additional
administrative costs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
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File #:2022-2255 Agenda Date:4/27/2022 Agenda Item No:10.
ADDITIONAL INFORMATION
Consultant Selection:
OC San requested and advertised for proposals for Supplemental Engineering Services,Contract
No.PSA2021-002,on September 21,2021.The following evaluation criteria were described in the
Request for Proposals and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 25%
Related Project Experience 40%
Project Team and Staff Qualifications 35%
Three proposals were received on November 17,2021 and evaluated in accordance with the
evaluation process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team
consisting of OC San staff:three Engineering Managers,one Engineering Supervisor,and one
Construction Inspection Supervisor.The Evaluation Team also included one non-voting representative
from the Contracts Administration Division.
The Evaluation Team scored the proposal on the established criteria as summarized in the table
below:
Firm Approach (Max 25)Related
Experience
(Max 40)
Team (Max
35)
Total Score
(Max 100)
1 Jacobs Project
Management Co.
24 38 32 94
2 AECOM Technical
Services
19 29 25 73
3 WSP USA, Inc.16 26 20 62
Based on this scoring,all three Consultants were shortlisted for interviews on December 16,2021.
Following the interviews,each member of the Evaluation Team scored the Consultants based on
both the proposals and interviews using the evaluation criteria and weighting described above.
Based on the scoring shown below,Jacobs Project Management Co.and AECOM Technical
Services were selected as the most qualified Consultants.
Firm Approach (Max 25)Related
Experience
(Max 40)
Team (Max
35)
Total Score
(Max 100)
1 Jacobs Project
Management Co.
25 38 32 95
2 AECOM Technical
Services
19 30 27 76
3 WSP USA, Inc.14 21 19 54
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File #:2022-2255 Agenda Date:4/27/2022 Agenda Item No:10.
Jacobs Project Management Co.demonstrated a very impressive pool of professionals experienced
in the type of work required and presented an approach for managing resource requests and
supervising resources which has proven highly effective in the existing Supplemental Engineering
Services agreement.AECOM Technical Services documented a deep bench of professionals with
relevant experience,demonstrated experience with similar agreements with other agencies,and
provided a good approach to supervising on-site staff.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with OC San’s Purchasing
Ordinance,the fee proposals of only the two highest-ranked firms were opened after approval by the
Director of Engineering of the Evaluation Committee’s recommendation.
Staff conducted negotiations with Jacobs Project Management Co.and AECOM Technical Services
to confirm fringe and overhead rates and resolve payment terms, insurance, and indemnification.
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 5.0%,which is based on an established formula based on OC
San’s standard design agreements.Based on this,staff has determined that the final negotiated
payment terms are fair and reasonable and recommends award of the Professional Services
Agreements to Jacobs Project Management Co. and AECOM Technical Services.
Contract Value:
Staff has estimated that,on average,the equivalent of 32 full time staff will be required over the
maximum 5-year period of these contracts.Assignments will be made on a case-by-case basis,so
fees earned by one firm could be more than the other firm.For this reason,staff is proposing the
contract limit for each firm be approximately 60 percent of the total expected fees associated with the
32 full-time equivalents.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.The budgeted cost
for the proposed Professional Service Agreements is contained within the approved CIP project
budgets and no additional funding is necessary.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Services Agreement
·Presentation
JM:DF:jw
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PSA PSA2021-002-1
Revised 110221 SUPPLEMENTAL ENGINEERING SERVICES
Page 1 of 19
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 1st day of May, 2022,
by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OC SAN", and AECOM TECHNICAL SERVICES, INC., for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, OC SAN desires to engage a consultant for Supplemental Engineering Services, PSA2021-002-1, to provide qualified staff as described in Attachment “A”, Scope of Work; and Attachment “A1”, Rules of Engagement, and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the requisite personnel and experience, and is capable of performing such services; and,
WHEREAS, OC SAN has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select a CONSULTANT to perform
this work; and, WHEREAS, OC SAN shall manage selection of a Consultant for Task Order(s) when
requested after award of this AGREEMENT based on the most appropriate qualifications and fit; and, WHEREAS, at its regular meeting on April 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between OC SAN 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 the Scope of Work attached hereto as "Attachment A". Attachment “A” is hereby incorporated into this AGREEMENT. In the event of a conflict between the Scope of
Work and this AGREEMENT, the terms of this AGREEMENT shall prevail.
2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
PSA PSA2021-002-1
Revised 110221 SUPPLEMENTAL ENGINEERING SERVICES
Page 2 of 19
A. Time and Material: Not to Exceed Aggregate Amount
OC SAN shall compensate CONSULTANT for services performed under this AGREEMENT on a time and materials basis, not to exceed a maximum aggregate amount of Twenty-Nine Million Seven Hundred Thousand Dollars
($29,700,000) (“Total Compensation”) during the term of the AGREEMENT.
B. Hourly Rates As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus
benefits, overhead, and profit) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT per Attachment “E”. OC SAN shall also pay to CONSULTANT a sum equal to the premium costs for overtime, charged on an hourly-rate basis, actually paid by CONSULTANT to the non-exempt personnel of CONSULTANT plus profit. Premium costs for overtime will not include fringe and overhead. Attachment “E” is hereby incorporated by reference. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this AGREEMENT.
C. Overhead i. “Field Staff” are defined as project-assigned staff by CONSULTANT, working at OC SAN’s facilities for a project-assigned period exceeding ninety (90) continuous calendar days. The overhead rates for Field Office Staff are included in Attachment “E”. ii. “Home Office Staff” are defined as staff assigned by CONSULTANT,
supporting the project-assigned work, either by working at CONSULTANT’s or Subconsultant’s offices or at OC SAN’s site for periods less than ninety (90) continuous calendar days. The overhead rates for Home Office Staff
are included in Attachment “E”.
D. Profit
Profit for CONSULTANT and Subconsultants shall be five percent (5%). Addenda shall be governed by the same maximum Profit percentage. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this AGREEMENT.
E. Subconsultants
For all Subconsultants, CONSULTANT may pay to Subconsultants total compensation on an hourly-rate basis per Attachment “E” – Fee Proposal and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultants, without markup.
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F. Escalation
For purposes of calculating hourly billing rates of CONSULTANT employees and
any Subconsultant employees performing services under this AGREEMENT, the Maximum Hourly Rate as defined in Attachment “E” shall be adjusted annually based on the Employment Cost Index (ECI) of Los Angeles-Long Beach-
Anaheim, California as of July 1 of each year. This rate is from the United States Department of Labor Bureau of Labor Statistics. The annual adjustments shall not exceed three percent (3%). The first hourly rate escalation will occur July 1, 2023.
G. Reimbursable Direct Costs
OC SAN 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 OC SAN 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. OC SAN 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or
multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN
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 OC SAN for local travel.
However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN 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 OC SAN. 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.
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Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this AGREEMENT.
OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN.
OC SAN will not pay per diem for Field Office Staff nor will it pay for any relocation of staff to be assigned under this AGREEMENT.
H. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in any of CONSULTANT’s Task Authorizations will exceed seventy-five percent (75%) of the not-to-exceed amount of the Task Authorization, CONSULTANT shall notify OC SAN 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 OC SAN’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 OC SAN 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
OC SAN, 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. KEY POSITIONS
CONSULTANT shall notify OC SAN in advance changes to any key CONSULTANT employees performing services under this AGREEMENT. Positions considered to be Key Positions are Point of Contact, and any field office staff working under the AGREEMENT.
Should a CONSULTANT employee within one of these categories become no longer available to OC SAN, CONSULTANT shall submit the resume and qualifications of the proposed replacement to OC SAN for approval as soon as possible, but in no event later
than seven (7) calendar days prior to the departure of the incumbent Key Position unless CONSULTANT is not provided with such notice by the departing staff.
5. 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 OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by OC SAN. CONSULTANT understands that submitted costs are subject to Section 16 Audit Provisions.
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B. Upon receipt of a properly prepared invoice, as described above, payment shall be made by OC SAN to CONSULTANT within sixty (60) calendar days.
C. 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 OC SAN a release of all claims against OC SAN 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.
D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN 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 OC SAN 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 OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN,
and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
6. TERM
This AGREEMENT shall commence upon the effective date first written above, and shall continue in full force and effect through April 30, 2025, (“Initial Term”) unless earlier terminated or extended as provided in the AGREEMENT. OC SAN, at its sole discretion,
may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2025, and continuing through April 30, 2026, (“Option Term 1”), and thereupon require CONSULTANT to continue to provide services, and otherwise
perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2026, and continuing through April 30, 2027, (“Option Term 2”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work”, and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN’s election to extend the AGREEMENT beyond the Initial Term shall not diminish its right to terminate the AGREEMENT for OC SAN’s convenience or CONSULTANT’s default as provided elsewhere in this AGREEMENT. The “maximum term” of this AGREEMENT shall be from the effective date first written above through
April 30, 2027, which period encompasses the Initial Term and two (2) Option Terms.
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7. PREVAILING WAGES
To the extent CONSULTANT intends to utilize employees who will perform work during
the AGREEMENT, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees.
8. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, 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).
9. CONFLICT OF INTEREST CODE
OC SAN may designate some or all of the individuals performing services under the AGREEMENT as “designated positions” subject to OC SAN’s Conflict of Interest Code. Consultant employees acting in these designated positions must comply with certain
requirements under the Political Reform Act. Consultant employees acting in these designated positions must file an annual report identifying some or all of their financial interests such as sources of income, sources of gifts received from special sources of
income and sources of gifts. Currently the limit is $520 per year from any one source. CONSULTANT and all its employees, staff, or personnel assigned to an OC SAN designated position shall comply with the Political Reform Act and related reporting
requirements and gift limitation.
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10. INDEPENDENT CONTRACTOR
The CONSULTANT and Subconsultants shall be independent contractors and not
agents of OC SAN. Any provisions of this AGREEMENT that may appear to give OC SAN the right to direct the CONSULTANT concerning the details of performing the professional services, or to exercise any control over such performance, shall mean only
that the CONSULTANT shall follow the direction of OC SAN concerning the end results of the performance.
11. 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 OC SAN. OC SAN’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. OC SAN 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. OC SAN acknowledges that documents prepared through Professional Services must be revised and sealed by a professional engineer prior to their reuse on another project. OC SAN acknowledges that it assumes all risk associated with reuse of such documents, which are not undertaken by CONSULTANT.
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.
12. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Worker’s
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Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below
“B”. Further, OC SAN 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 OC SAN 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 Four
Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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 OC SAN 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. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of
coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor or subcontractor performing work or rendering services on behalf of OC SAN in connection with the
planning, development and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against
OC SAN, its or their officers, agents, or employees, or any other consultant, contractor or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
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C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability coverage: Combined single limit of Five Hundred Thousand Dollars ($500,000). A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement. E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form
acceptable by OC SAN. F. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California
Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for
Jones Act claims. G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than 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.
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In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this AGREEMENT. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the
present or new carrier. In the event the present policy of insurance is written on an “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 OC SAN a certificate of insurance in a form
acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term.
H. Proof of Coverage
The CONSULTANT shall furnish OC SAN 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 OC SAN before work commences. OC SAN 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 or other equivalent Certificate of Insurance form.
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 2010 and CG 2037
All other Additional Insured endorsements must be submitted for approval by OC SAN, and
OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Auto Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
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• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC
SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below.
I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue, Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division J. Primary Insurance The General and Automobile liability policies shall contain a Primary and Non-Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured The General and Automobile liability policies shall contain a “Separation of Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this AGREEMENT, or the extent
to which CONSULTANT may be held responsible for payment of damages to persons or property.
M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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N. Defense Costs
The General and Automobile Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not
deplete any policy limits. O. Subconsultants The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
13. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in Key Personnel, or change in hourly rates, as requested by OC SAN, the Parties hereto shall execute an
Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT. CONSULTANT’s compensation for additional services authorized and performed in accordance with this AGREEMENT shall be agreed to by OC SAN and CONSULTANT in writing prior to the time that the additional services are authorized. An Amendment shall be executed to document the change.
CONSULTANT hereby agrees to use any and all procedures, programs, and systems required by OC SAN to process and execute such Amendment(s), including, but not limited to, computer programs and systems.
14. PROJECT TEAM AND SUBCONSULTANTS
Neither this AGREEMENT nor any interest herein nor claim hereunder may be assigned by CONSULTANT either voluntarily or by operation of law, nor may all or any part of the
AGREEMENT be subcontracted by CONSULTANT, without the prior written consent of OC SAN. Consent by OC SAN shall not be deemed to relieve CONSULTANT of its obligation to comply fully with all terms and conditions of this AGREEMENT.
CONSULTANT shall provide to OC SAN, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used 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 team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant, broken down as indicated in Section 2- COMPENSATION.
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There shall be no substitution of the listed Subconsultants and CONSULTANT’s team members without prior written approval by OC SAN.
15. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is
not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, 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.
16. AUDIT PROVISIONS
A. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all
Subconsultants. B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15
days after receipt of notice from OC SAN. Upon OC SAN’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all accounting records and documents, and any other financial data related to this AGREEMENT.
17. 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 OC SAN. 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
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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.
To the fullest extent permitted by law, CONSULTANT shall defend and indemnify OC SAN from and against any and all claims by CONSULTANT, its principals, officers,
agents, employees, former employees, suppliers, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them for benefits provided to employees of OC SAN, including, but not limited to: worker’s compensation, unemployment compensation, participation in the Orange County Employees Retirement System, paid time off, medical insurance, dental insurance, vision insurance, life/accidental death and dismemberment insurance, disability insurance, etc. In addition, CONSULTANT shall be required to indemnify the Indemnified Parties for any costs related to such claims.
18. 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: Diane Marzano, Senior Contracts Administrator Copy: Jeffrey Mohr, Engineering Manager
CONSULTANT: AECOM TECHNICAL SERVICES, INC. 999 Town & Country Road, Orange, CA 92868 Attention: Chris Bessa, Point of Contact All communication regarding the Scope of Work, will be addressed to the Engineering Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Engineering Manager prior to any action by the CONSULTANT.
19. TERMINATION
OC SAN 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 OC SAN at the address listed in Section 18 - NOTICES.
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20. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this AGREEMENT shall become the property of
OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN.
21. COMPLIANCE
A. Labor CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of e and local air pollution control laws and regulations. (Public Contract Code sections 2200-2208).
22. AGREEMENT EXECUTION AUTHORIZATION
Both OC SAN 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.
23. 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.
24. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.
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25. 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 OC SAN,
which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’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
OC SAN’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.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN 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.
CONSULTANT is indemnified in OC SAN’s standard construction contracts. This indemnification is in the General Conditions which are attached to OC SAN’s standard construction contracts when these contracts are issued.
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26. 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 OC SAN 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.
27. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
28. CLOSEOUT
When OC SAN determines that all Work authorized under the AGREEMENT is fully
complete and that OC SAN requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, OC SAN 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, OC SAN 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 OC SAN.
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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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT’s request for final AGREEMENT Acceptance.
29. PROHIBITION
During the term of this AGREEMENT, CONSULTANT and its Subconsultants may not propose on any engineering or construction-related projects advertised by or on behalf of OC SAN, if such work presents actual or perceived conflict of interest with
CONSULTANT’s assignments with OC SAN.
CONSULTANT and its Subconsultants shall promptly disclose to OC SAN when such conflict exists prior to participating in any work as advertised by OC SAN or on its behalf.
CONSULTANT and its Subconsultants acknowledge and agree that OC SAN’s determination regarding such conflicts, that may impact CONSULTANT’s and its Subconsultants’ ability to propose on the work as described herein, shall be final and
cannot be appealed.
30. 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.
[THIS SECTION INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written. CONSULTANT: AECOM TECHNICAL SERVICES, INC. By __________________________________________________ Date __________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ John B. Withers Date
Board Chairman
By __________________________________________________
Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment “A” – Scope of Work
Attachment “A1” – Rules of Engagement Attachment “B” – Not Used Attachment “C” – Not Used
Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used
Attachment “G” – Not Used Attachment “H” – Not Used Attachment “I” – Not Used Attachment “J” – Not Used Attachment “K” – Contractor Safety Standards Attachment “L” – Not Used
DM:ms
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ATTACHMENT A
SCOPE OF WORK
I. SUMMARY
Orange County Sanitation District (OC San) is a special district responsible for wastewater
conveyance and treatment for metropolitan Orange County, California. It has been in existence
since 1954 and is the third largest wastewater treatment agency west of the Mississippi River.
OC San is soliciting Proposals to provide its engineering projects, which includes large and
small capital projects and operationally funded repair projects.
II. BACKGROUND
OC San has budgeted for a 10-year $3.0 billion capital improvement program, the vast majority
of which is managed by the Engineering Department. OC San also has an active asset
management program which includes many repair projects that, due to their complexity, are
managed by its Engineering Department.
III. PROFESSIONAL SERVICES REQUIRED
The following descriptions cover the types of professional services OC San will require under
this agreement. OC San will determine that when specific services are required. The
mechanisms for requesting, reviewing, authorizing, and terminating services under this
agreement are documented in Attachment “A1” – Rules of Engagement. As described in that
attachment, work assignments will fall into one of the following types:
Task Authorizations. Task Authorizations have formal scopes of work and firm upper
limits.
Task Directives. Task Directives are typically smaller than Task Authorizations, but do
not have a firm upper limit.
Project Role Assignments. In Project Role Assignments, the Consultant will provide a
suitability qualified professional to fulfill the particular role on a particular project.
Program Role Assignments. In Program Role Assignments, the Consultant will provide
a suitability qualified professional to fulfill the project role on a portfolio of projects.
Architecture
Design and oversee design by consultants of new building projects and tenant improvement
projects. Work with City Building/Planning Departments, Fire Departments and other regulatory
agencies as a liaison on behalf of OC San to ensure projects comply with permitting and code
requirements.
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Prepare more complex plan clarifications and changes in response to Contractor’s Request for
Information during construction and verify that facilities constructed meet design specifications
and regulatory requirements.
Engineering – Construction Management
Construction management activities include the following:
Perform a variety of work functions supporting the design and construction of
wastewater treatment and collection systems.
Review construction documents including plans and specifications; interpret plans and
specifications for construction work performed by OC San’s contractors; ensure
contractual compliance with plans, specifications, codes and safety requirements; verify
that materials being incorporated into project are per specification and with approved
construction practices; coordinate equipment isolations, equipment and process tie-ins.
Prepare progress payments to the contractor; review submittals for material and
equipment conformance to design specifications and plans.
Perform analysis of change orders; negotiate fair and reasonable costs for change
orders; prepare change order reports and documents for consideration by the Board of
Directors.
Oversee the start-up of facilities; participate in staff training.
Provide technical assistance and support to engineers and project managers; provide
technical training as appropriate.
Prepare a variety of administrative, technical, and budget reports, memos, letters, and
correspondence.
Perform constructability reviews.
Maintain comprehensive contractual records and periodically monitor progress of all
goods and service agreements, from inception through completion, to enforce
milestones, deliverables and post-contract warranties.
Engineering – Civil / Mechanical
Prepare detailed drawings, technical specifications, and scopes of work; review proposals;
assist OC San in the consultants’ selection process and perform construction support services.
Design or oversee design by consultants of sanitary sewers, sewer rehabilitation, mechanical
piping systems, wastewater treatment systems, reclaimed water systems, lift stations, etc.
including calculations. Lead design reviews to perform a comprehensive multi-discipline design
review on assigned projects.
Respond to engineering bid questions and addenda, respond to contractor’s request for
information during construction of facility, verify that equipment meets design specifications, and
prepare design changes.
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Engineering - Electrical
Provide electrical engineering services including design, design review, interdisciplinary review
of design documents, construction support service for wastewater treatment plant electrical
generating and distribution systems. Design and oversee design by consultants for medium
voltage and low voltage electrical distribution systems and motor control systems including
switchgear, single line diagrams, elementary diagrams, motor control schematics, short circuit
calculations, protective device coordination studies, raceway/wire design, and hazardous area
classification.
Respond to contractor’s request for information during construction of facility, verify that
equipment meets design specifications, and prepare design changes, review NETA test results,
and perform electrical system startup and commissioning for low and medium-voltage systems.
Perform short circuit calculations and protective device coordination studies utilizing ETAP
software.
Engineering - I&C
Provide instrumentation and control engineering services including design, design review,
interdisciplinary review of design documents, construction support service, and commissioning
support for wastewater treatment plant control systems. Design and oversee design by
consultants for process and instrumentation diagrams, control strategies, control system
network diagrams, control system input/output list, control panel drawings, and commissioning
procedures.
Respond to contractor’s request for information during construction of facility, verify that
equipment meets design specifications, prepare design changes, and support startup and
commissioning.
Engineering – Commissioning Coordinator
Provide technical leadership and management of the development of commissioning
procedures during design; review the proposed construction sequencing and commissioning
packages established during design; review finalized commissioning procedures during
construction; work closely and coordinate with the contractor’s commissioning coordinator;
provide oversight of the contractor’s commissioning and start-up process and coordinate
startups with operations and maintenance; coordinate OC San’s inspection, control system
programming and engineering resources to support the contractor’s commissioning process;
track outstanding commissioning items and support their resolution; and work closely with the
resident engineer to provide commissioning status and notification of any issues or concerns.
The commissioning coordinator shall have knowledge in electrical, instrumentation, control
systems and process control.
Engineering - Structural
Prepare detailed drawings, technical specifications, and scopes of work; review proposals and
technical memoranda prepared by others; prepare engineering analysis.
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Provide structural analysis as needed to recommend structural improvements to existing
facilities, analyze structural failures and recommend repairs.
Design and oversee design by consultants of structural systems for water/wastewater facilities.
Respond to structural Requests for Information and/or prepare more complex structural
engineering design changes during construction of facility and verify that equipment meets
design specifications and regulatory requirements.
Inspection
Inspection activities include the following:
Provide construction inspection for plant and collection facilities construction work
performed by contractors to ensure contractual compliance with plans, specifications,
codes, regulations, and OC San’s safety standards.
Prepare a variety of reports and documentation.
Review construction documents including plans and specifications.
Inspect plant and collection facilities construction work performed by contractors.
Verify that materials being incorporated into project are per specification and with
approved construction practices.
Coordinate equipment and process isolations, shutdowns, and tie-ins.
Assist safety representatives with job hazard analysis.
Observe contractors work safety environment and compliance with traffic control plans
and devices; work with contractor to establish and maintain a safe construction project
for employees, customers, and the public.
Document and follow-up on actions regarding safety, traffic control plans, and working
practices.
Assist in the maintenance of accurate as-built contract drawings
Verify contractor as-built drawings are maintained and correct.
Assist Resident Engineers on field change orders, plan clarifications, and plan changes.
Review and approve final drawings for the preparation of record drawings.
Prepare and maintain necessary construction inspection records and reports as a means
of formal documentation including daily inspection reports, photo-logs, field test results,
force account reports, extra work requests, project submittal files, and individual project
logs.
Assist Resident Engineer in preparing monthly progress reports.
Attend construction meetings.
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Work with contractors, regulatory agencies, utilities, city officials and the general public
throughout construction project to coordinate work to be accomplished and ensure
satisfactory project completion with minimum impact on the public or OC San facilities.
Various disciplines may need continuous construction inspection including Civil, Structural,
Pipeline, Mechanical, Electrical and Instrumentation disciplines of large complex water
treatment facilities and rehabilitation.
Project Management
Project management functions for major capital projects include developing schedules, cost
estimates and staffing requirements; assembling and leading project teams; planning, directing,
and coordinating activities of projects to ensure that goals and objectives of projects are
accomplished on schedule and within prescribed budget; inspecting quality and quantity of
work; managing the selection of outside consultants; and preparing and presenting reports and
other necessary correspondence on assigned projects.
Manage a project or group of projects through all six phases of the Engineering Project Life
Cycle, including project development, preliminary design, construction and installation,
commissioning, and closeout.
Manage, direct, and coordinate activities of the project team to ensure project progresses on
schedule within prescribed budget, and with acceptable quality; confers with project team to
provide technical advice and resolve problems; conducts project team meetings to ensure
adequate communication of project status.
Perform periodic review of work assignments to ensure that the work is satisfactory and is
completed according to plan.
Interface with senior management, the Board of Directors, peers, project staff, consultants,
customers, and users as necessary to coordinate project execution; informs stakeholders of
project status and possible outcomes.
Prepare project reports for the Board of Directors, management, and others; makes
presentations as necessary.
Provides project management oversight of the selection process of outside consultants;
oversees the bid, proposal, and selection/purchase recommendation process for major capital
projects; solicits proposals; reviews proposals; assists OC San’s evaluation teams with selection
of consultants establishes schedules and performance criteria.
Work with consultants on project planning, preparation, scheduling, and execution of contracts;
ensures work is completed on time and in conformance with plans and specifications.
Apply project management tools as required to address the financial aspects and impacts of
project variables such as delays to the project schedule.
Serve as a liaison for the Engineering Department with other OC San departments, divisions,
and outside agencies; provide project representation to commissions, committees, and task
forces.
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Support – Administrative
Administrative support activities include the following:
Perform a variety of secretarial, advanced clerical, and routine administrative and
programmatic work in support of assigned projects or programs, division, or department.
Participate in the administration of approved policies and procedures.
Prepare financial analysis and a variety of reports as required.
Provide information and assistance to other assigned project or program staff regarding
assigned programs, policies and procedures.
Support – Cost Estimating
Cost estimating activities include the following:
Prepare cost estimates to provide detailed information regarding quantity and cost of
materials and labor.
Develop processes and/or techniques that provide clear and standard estimating
methods across projects.
Provide data for analytical comparisons between projects.
With estimating process, identify project cost changes as projects advance through the
design process.
Review engineering plans and specifications to determine materials and quantities
required by project specifications.
Recommend cost saving changes.
Review cost estimates and change orders submitted by construction contractors and
provide recommendations.
Provide data for analytical comparisons between projects.
Prepare general budget estimates for new projects.
Estimating shall include all disciplines including architectural, civil, structural, mechanical,
plumbing, heating and air conditioning, fire protection, electrical and control systems.
Support – Construction Scheduling
Perform a variety of scheduling review and analyses involving wastewater treatment and
collection systems, including the following activities:
Review design submittals prior to bid to ensure scope is achievable in the time
stipulated.
Establish clear specifications and enforcement provisions with the contractors by placing
schedule performance and proof of impact on the contractors.
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Review construction contractor’s schedules for effective contractor performance.
Review baseline schedule submittals.
Support the Resident Engineer (RE) and Project Manager (PM) during scheduling
meetings so they are effective and productive.
Maintain careful documentation of all schedule submittals so that any requests for time
adjustments can be measured against the approved schedule in place at the time of
impact is claimed.
Monitor actual progress versus planned progress. Provide exception reporting and
recommend actions.
Perform analysis of change orders such as time impact analysis (TIA) and productivity
claims.
Support – Construction Claims / Mitigation
Prepare detailed analysis of contractor-submitted requests for change, delay claims, time
impact analyses (TIA) and/or government code claims including productivity loss claims, claims
for differing site conditions, and/or total cost claims. Work may include analysis of liability,
review of contract language and supporting documents, validating extended overhead costs,
and review and analysis of any other supporting documentation.
Work may also include a proactive strategy to reduce exposure, review of reporting
requirements and practices, and conferring with project teams and/or managers to effectively
implement practices to reduce liability and/or risk.
Support – CAD Drafting and Design
CAD drafting and design support include the following activities:
Use Computer Aided Design (CAD) equipment to provide support to Engineers by
preparing layouts, detail drawings, sketches and diagrams. Drawings are to include all
views and dimensions necessary for construction of wastewater treatment and collection
systems. Work shall be compliant with OC San CAD Manual.
Draft engineering drawings of proposed wastewater treatment facility construction
projects from engineer’s design drawings, including structures and notations; review
maps and existing drawings to determine utility locations, elevations and other related
information.
Consolidate changes made on drawings by consultants, engineers and inspectors with
contractor’s as-built drawings to draft final record drawings on a wide variety of
wastewater treatment facility construction projects.
Conduct field visits to confirm existing conditions and finished construction configuration.
Make appropriate notes of sizes, diameters, locations and other significant information
and return to project engineer.
Provide technical assistance and support to engineers and engineering aides.
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IV. TASK ASSIGNMENTS
OC San will authorize specific tasks to be completed by CONSULTANT. These tasks will vary
widely in size, cost, and complexity. Tasks will be authorized as either a Task Authorization or a
Task Directive, as described in Attachment “A1” – Rules of Engagement.
V. PERSONNEL ASSIGNMENTS
OC San will require CONSULTANT to provide staff to fill specific roles on specific projects, and,
in some cases, for its Engineering Program, as described in Attachment “A1” – Rules of
Engagement.
Project Role Assignments
Project Role assignments involve CONSULTANT assigning a qualified individual or individuals
to fill a particular role on a particular project.
A project role may cover the entire role for the project, or a specifically designated portion of that
role. CONSULTANT shall identify a Technical Lead to support assigned staff in their
designated role. Project direction, however, will generally come from the Project Team and
Supervision in Engineering.
Program Role Assignments
Program Role assignments direct CONSULTANT to assign a qualified individual or individuals
to fill a particular role on an entire portfolio of projects.
Personnel Authorizations
Personnel Authorizations authorize a particular individual to work on Task Directives, Project
Roles, and Program Roles.
VI. LOGISTICS AND CONTRACT MANAGEMENT
Work Location
CONSULTANT’s on-site staff shall be located at OC San’s facilities in Fountain Valley or
Huntington Beach, California. At times, work may be required at other OC San facilities or at job
site locations away from OC San facilities. At the CONSULTANT’s discretion and concurrence
with the OC San representative, the assigned CONSULTANT staff may be located at
CONSULTANT’s home office. Advanced coordination with OC San may be required for
CONSULTANT staff working at OC San facilities on OC San holidays.
Point of Contact/Supervision
CONSULTANT shall designate an individual as the single point of contact to direct efforts in
fulfilling contracted obligations under this Agreement. The selected designee shall be
responsible for the direct supervision of assigned staff, including such activities as work
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schedules, quality of work performed, technical oversight, vacation requests, discipline, etc. The
selected designee shall not be changed without prior written notification to the OC San
representative.
CONSULTANT is responsible for supervision of its entire staff, including the requirements
defined in Attachment “A1” – Rules of Engagement:
OC San Project Document Management
CONSULTANT’s staff assigned to work on OC San projects shall save project related
deliverables, documents and/or records in OC San accessible locations i.e., OC San SharePoint
servers and/or OC San licensed cloud-based applications such as Bluebeam, PMWeb or One
Drive, as applicable to the project assignment, to comply with Public Records Act requirements.
Accessibility to these locations shall be provided by OC San.
Provided Facilities & Equipment
OC San will provide the following for CONSULTANT’s on-site staff:
Furnished office space at OC San
Computers, software, network, and printing capabilities
Office telephone
Personal Protective Equipment
CONSULTANT staff assigned to OC San facilities may be exposed to known plant process and
work hazards and therefore will be required to have appropriate Personal Protective Equipment
(PPE) such as: eye and face protection (safety glasses), head protection (hard hat), hand
protection (gloves), foot protection (safety toed shoes), high visibility clothing (Class 3 vests),
hearing protection, personal gas monitor (4 gas), fall protection (harness and lanyard) and other
forms of PPE. CONSULTANT shall provide all equipment and training necessary to comply with
OC San safety polices. Refer to Contractor Safety Standards – Attachment “K”.
Time Tracking & Invoicing
CONSULTANT shall submit invoices, including cost and hours, on a monthly basis. Invoice
shall be submitted no later than the 15th of each month. OC San maintains a project controls
system containing detailed cost and hours information for all Engineering Projects. The format
for reporting hours shall be in an importable format, such as Microsoft Excel, and contain, at a
minimum, the following items:
Column Description
Project Number OC San will provide a list of project numbers. These numbers are
subject to change as new projects are added and existing projects are
completed.
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Work Package
Number
OC San will provide a list of work package numbers. The work
package numbers are subject to change as a project transitions from
one phase to the next.
Employee ID Each employee included in the hours report must contain a unique
identification number.
Employee Name Employee name.
Work Date The week ending date when work was performed.
Hours by Week The total number of hours worked for the week. In addition, it may be
necessary to report overtime hours which will require a separate
report.
Total Burdened Cost The total burdened cost shall include actual salary, fringe costs,
overhead, and profit by person.
Work Quality
CONSULTANT shall be responsible for the professional quality and technical competence of
assigned staff supplied to OC San. Additionally, the firm shall be responsible for the
coordination of all efforts and other services furnished under the agreement.
Management of Resource Assignments
OC San will maintain a cloud-based workflow tool to request, review, authorize, and close
resource assignments. That workflow tool is currently PMWeb. CONSULTANT’s Point of
Contact will be required to utilize this tool to track all requests through their life cycles. OC San
will use this workflow tool to verify that any invoiced costs have been duly approved through the
workflow tool.
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ATTACHMENT A1
RULES OF ENGAGEMENT
This document describes options for OC San to utilize a Supplemental Engineering
Services (SES) agreement to maintain the Engineering Project program while
complying with Independent Contractor expectations.
There are four mechanisms by which professional services can be supplied through the
SES agreement:
Task Authorizations
Task Directives
Project Role Assignments
Program Role Assignments
Task Directives, Project Role Assignments, and Program Role assignments require that
anyone working under the mechanism also have an approved Personnel Authorization.
These Terms of Engagement are intended to document how services are to be
requested, authorized, and managed.
Task Authorizations
Task Authorizations have a formal scope of work, and a fixed upper limit. Distinguishing
aspects of Task Authorizations include the following:
Requests for Task Authorization Proposals (RFTAPs) require a scope of work
prepared by OC San staff.
RFTAPs and Task Authorizations must be approved by the Director of
Engineering (DOE).
The scope of work should have the same level of detail as used for a Design
Task Order or Planning Study Task Order, including schedule requirements,
task, deliverables, and assumptions.
Task Authorization must specify a firm negotiated upper limit which may not be
exceeded. If changes require a revision to that upper limit, it must be processed
as a formal Task Authorization Amendment prior to the work being authorized
and performed.
The SES Consultant shall report costs incurred for the Task Authorization in their
monthly invoices, with the total costs incurred to date, and the unused budget
remaining.
The SES Consultant may use any of their staff, whether they have an approved
Personnel Authorization or not.
The time that SES Consultant staff charge to Task Authorizations does not count
against their approved number of hours for Personnel Authorizations.
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Task Directives
Task Directives also have an explicit scope of work, but the level of detail may be lower.
Task Directives need a negotiated budgetary estimate, but it is not a firm upper limit.
The scope of work for Task Directives may be less detailed than what is required
for a Task Authorization.
A schedule to complete the work should generally be specified but is not always
required.
Costs are tracked separately on invoices.
Personnel Authorizations are required for any staff working on a Task Directive.
Project Role
Project Role assignments direct the SES Consultant to assign a qualified individual or
individuals to fill a particular role on a particular project. Standard project roles are
listed below:
Admin Support
Construction Support
Electrical Engineer
Estimator
I&C Engineer
Inspection Civil - Mech
Inspection Elec - I&C
Project Engineer
Project Manager
Resident Engineer
Submittals Group
A project role may cover the entire role for the project, or a specifically designated
portion of that role. When a role is limited, the description of the specific designation
shall be included in the Resource Assignment Request.
The timing of delivery is based on the project schedule, or the specific
designation.
SES Staff designated on an approved Project Role assignment shall work
directly with other project team members (OC San or SES).
The Resource Assignment request shall indicate the anticipated fraction of a full-
time equivalent the role is anticipated to take.
Personnel Authorizations are required for any Project Role assignments.
Time spent in a Project Role counts against Personnel Authorizations.
The SES Consultant shall identify a Technical Lead to support assigned SES
Staff member in their designated role. Project direction, however, will generally
come from the Project Team and Supervision in Engineering.
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Program Role
Program Role assignments direct the SES Consultant to assign a qualified individual or
individuals to fill a particular role on an entire portfolio of projects. Program role
assignments are intended to be used in two circumstances:
When OC San has no staff with the required qualification. An example of this is
structural engineering.
When a pool of qualified individuals is required, with assignments and timing
varying from day to day. This case applies specifically to inspection. In the case
of inspection, the SES Consultant shall designate a dispatcher, with whom OC
San’s Inspection Supervisor can coordinate assignments and schedules. The
dispatcher may be one of the assigned inspectors, the SES Point of Contact, or
another appropriate representative of the SES Consultant.
The following apply to Program Roles:
Program Role assignments will generally be made before the specific need
arises.
Only supervisors or managers may initiate a Program Role request.
Project Role assignments must be approved by the Engineering Manager
responsible for the function.
Personnel Authorizations are required for any Program Role assignments.
Time spent in a Program Role counts against Personnel Authorizations.
Personnel Authorizations
Personnel authorizations (PA’s) provide the DOE’s approval for a particular individual to
work on Task Directives, Project Roles, and Program Roles. They also designate the
following:
The Project Role.
Their location as either Home Office or Site. This impacts the overhead rate to
be used for billing.
The number of hours per week, or just a set number of hours as needed.
The total bill rate, including actual salary, overhead, and profit.
Any reimbursable expenses. This is typically used when travel is required or
when a staff member needs a vehicle assigned to them due to the nature of their
assignments.
The following apply to Personnel Authorization:
They require approval by the DOE.
They are specific to one person.
They need not be project specific.
For on-site PA’s, the PA authorizes office space, key cards, an OC San phone
extension, and network access.
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Staff Supervision
The SES Consultant is responsible for supervision of its entire staff, including the
following:
Administrative Supervision (SES Consultant staff only)
o Performance Reviews
o Timecard Approvals o Work Hours
Supervision of Assigned Scope Deliverables
o Work Prioritization
o Technical input, guidance, and direction
Quality Control for
o Task Authorizations.
o Task Directives, when Quality Control is specified in the scope of work.
OC San will not be responsible for supervision of SES Consultant staff. OC San will
however provide direction as an Owner. Examples include the following:
Project decisions and priorities
Design standards
OC San’s preferences
Financial considerations
Risk considerations
Review for compliance with OC San Policies and Procedures
Coordination with other OC San projects and activities
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 1st day of May, 2022, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as
"OC SAN", and JACOBS PROJECT MANAGEMENT CO., for purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, OC SAN desires to engage a consultant for Supplemental Engineering Services, PSA2021-002-2, to provide qualified staff as described in Attachment “A”, Scope of Work; and Attachment “A1”, Rules of Engagement, and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the requisite personnel and experience, and is capable of performing such services; and,
WHEREAS, OC SAN has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and,
WHEREAS, OC SAN shall manage selection of a Consultant for Task Order(s) when requested after award of this AGREEMENT based on the most appropriate qualifications and fit; and, WHEREAS, at its regular meeting on April 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between OC SAN 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 the
Scope of Work attached hereto as "Attachment A". Attachment “A” is hereby incorporated into this AGREEMENT. In the event of a conflict between the Scope of Work and this AGREEMENT, the terms of this AGREEMENT shall prevail.
The standard of care applicable to CONSULTANT’s services will be the degree of skill and diligence normally employed by professional engineers or consultants performing the same or similar services at the time CONSULTANT’s services are performed.
2. COMPENSATION Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
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A. Time and Material: Not to Exceed Aggregate Amount
OC SAN shall compensate CONSULTANT for services performed under this AGREEMENT on a time and materials basis, not to exceed a maximum aggregate amount of Twenty-Nine Million Seven Hundred Thousand Dollars
($29,700,000) (“Total Compensation”) during the term of the AGREEMENT.
B. Hourly Rates As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus
benefits, overhead, and profit) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT per Attachment “E”. OC SAN shall also pay to CONSULTANT a sum equal to the premium costs for overtime, charged on an hourly-rate basis, actually paid by CONSULTANT to the non-exempt personnel of CONSULTANT plus profit. Premium costs for overtime will not include fringe and overhead. Attachment “E” is hereby incorporated by reference. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this AGREEMENT.
C. Overhead i. “Field Staff” are defined as project-assigned staff by CONSULTANT, working at OC SAN’s facilities for a project-assigned period exceeding ninety (90) continuous calendar days. The overhead rates for Field Office Staff are included in Attachment “E”. ii. “Home Office Staff” are defined as staff assigned by CONSULTANT,
supporting the project-assigned work, either by working at CONSULTANT’s or Subconsultant’s offices or at OC SAN’s site for periods less than ninety (90) continuous calendar days. The overhead rates for Home Office Staff
are included in Attachment “E”.
D. Profit
Profit for CONSULTANT and Subconsultants shall be five percent (5%). Addenda shall be governed by the same maximum Profit percentage. As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this AGREEMENT.
E. Subconsultants
For all Subconsultants, CONSULTANT may pay to Subconsultants total compensation on an hourly-rate basis per Attachment “E” – Fee Proposal and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to
CONSULTANT the actual costs of Subconsultants, without markup.
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F. Escalation
For purposes of calculating hourly billing rates of CONSULTANT employees and
any Subconsultant employees performing services under this AGREEMENT, the Maximum Hourly Rate as defined in Attachment “E” shall be adjusted annually based on the Employment Cost Index (ECI) of Los Angeles-Long Beach-
Anaheim, California as of July 1 of each year. This rate is from the United States Department of Labor Bureau of Labor Statistics. The annual adjustments shall not exceed three percent (3%). The first hourly rate escalation will occur July 1, 2023.
G. Reimbursable Direct Costs
OC SAN 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 OC SAN 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. OC SAN 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or
multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN
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 OC SAN for local travel.
However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN 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 OC SAN. 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.
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Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this AGREEMENT.
OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN.
OC SAN will not pay per diem for Field Office Staff, nor will it pay for any relocation of staff to be assigned under this AGREEMENT.
H. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in any of CONSULTANT’s Task Authorizations will exceed seventy-five percent (75%) of the not-to-exceed amount of the Task Authorization, CONSULTANT shall notify OC SAN 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 OC SAN’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 OC SAN 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
OC SAN, 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. KEY POSITIONS
CONSULTANT shall notify OC SAN in advance changes to any key CONSULTANT employees performing services under this AGREEMENT. Positions considered to be Key Positions are Point of Contact, and any field office staff working under the AGREEMENT.
Should a CONSULTANT employee within one of these categories become no longer available to OC SAN, CONSULTANT shall submit the resume and qualifications of the proposed replacement to OC SAN for approval as soon as possible, but in no event later
than seven (7) calendar days prior to the departure of the incumbent Key Position unless CONSULTANT is not provided with such notice by the departing staff.
5. 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 OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by OC SAN. CONSULTANT understands that submitted costs are subject to Section 16 Audit Provisions.
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B. Upon receipt of a properly prepared invoice, as described above, payment shall be made by OC SAN to CONSULTANT within sixty (60) calendar days.
C. 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 OC SAN a release of all claims against OC SAN 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.
D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN 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 OC SAN 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 OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN,
and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
6. TERM
This AGREEMENT shall commence upon the effective date first written above, and shall continue in full force and effect through April 30, 2025, (“Initial Term”) unless earlier terminated or extended as provided in the AGREEMENT. OC SAN, at its sole discretion,
may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2025, and continuing through April 30, 2026, (“Option Term 1”), and thereupon require CONSULTANT to continue to provide services, and otherwise
perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2026, and continuing through April 30, 2027, (“Option Term 2”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work”, and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN’s election to extend the AGREEMENT beyond the Initial Term shall not diminish its right to terminate the AGREEMENT for OC SAN’s convenience or CONSULTANT’s default as provided elsewhere in this AGREEMENT. The “maximum term” of this AGREEMENT shall be from the effective date first written above through
April 30, 2027, which period encompasses the Initial Term and two (2) Option Terms.
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7. PREVAILING WAGES
To the extent CONSULTANT intends to utilize employees who will perform work during
the AGREEMENT, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees.
8. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, 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).
9. CONFLICT OF INTEREST CODE
OC SAN may designate some or all of the individuals performing services under the AGREEMENT as “designated positions” subject to OC SAN’s Conflict of Interest Code. Consultant employees acting in these designated positions must comply with certain
requirements under the Political Reform Act. Consultant employees acting in these designated positions must file an annual report identifying some or all of their financial interests such as sources of income, sources of gifts received from special sources of
income and sources of gifts. Currently the limit is $520 per year from any one source. CONSULTANT and all its employees, staff, or personnel assigned to an OC SAN designated position shall comply with the Political Reform Act and related reporting
requirements and gift limitation.
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10. INDEPENDENT CONTRACTOR
The CONSULTANT and Subconsultants shall be independent contractors and not
agents of OC SAN. Any provisions of this AGREEMENT that may appear to give OC SAN the right to direct the CONSULTANT concerning the details of performing the professional services, or to exercise any control over such performance, shall mean only
that the CONSULTANT shall follow the direction of OC SAN concerning the end results of the performance.
11. 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 OC SAN. OC SAN’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. OC SAN 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. OC SAN acknowledges that documents prepared through Professional Services must be revised and sealed by a professional engineer prior to their reuse on another project. OC SAN acknowledges that it assumes all risk associated with reuse of such documents, which are not undertaken by CONSULTANT.
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.
12. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to OC SAN’s option to require a change
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in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN 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 OC SAN 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 Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to
this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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 OC SAN 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. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees, and any other consultant, contractor or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the project. In all its insurance
coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant,
contractor or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
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C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability coverage: Combined single limit of Five Hundred Thousand Dollars ($500,000). A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement. E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form
acceptable by OC SAN. F. Worker’s Compensation Insurance The CONSULTANT shall provide such Workers’ Compensation Insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such Worker’s Compensation Insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance
Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims.
G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than 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
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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 OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term.
H. Proof of Coverage The CONSULTANT shall furnish OC SAN 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 OC SAN before work commences. OC SAN
reserves the right to review redacted copies of all required insurance policies, provided that neither the policy limits nor carrier names are redacted, 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 or other equivalent Certificate of Insurance form.
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 2010 and CG 2037 All other Additional Insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide
different or less coverage to OC SAN.
• Additional Insured (Auto Liability)
Submit endorsement provided by carrier for
OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of
subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy
cancellation, as described in Article I. Cancellation and Policy Change Notice, below.
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I. Cancellation and Policy Change Notice
The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue, Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
J. Primary Insurance The General and Automobile liability policies shall contain a Primary and Non-
Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT.
K. Separation of Insured The General and Automobile liability policies shall contain a “Separation of Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this AGREEMENT, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property.
M. Deductibles and Self-Insured Retentions
Any deductible and/or self-insured retention must be declared to OC SAN on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce
or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. Defense Costs
The General and Automobile Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits.
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O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant’s operations and work.
13. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in Key Personnel, or change in hourly rates, as requested by OC SAN, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT. CONSULTANT’s compensation for additional services authorized and performed in accordance with this AGREEMENT shall be agreed to by OC SAN and CONSULTANT in writing prior to the time that the additional services are authorized. An Amendment shall be executed to document the change.
CONSULTANT hereby agrees to use any and all procedures, programs, and systems required by OC SAN to process and execute such Amendment(s), including, but not
limited to, computer programs and systems.
14. PROJECT TEAM AND SUBCONSULTANTS
Neither this AGREEMENT nor any interest herein nor claim hereunder may be assigned by CONSULTANT either voluntarily or by operation of law, nor may all or any part of the AGREEMENT be subcontracted by CONSULTANT, without the prior written consent of OC SAN. Consent by OC SAN shall not be deemed to relieve CONSULTANT of its
obligation to comply fully with all terms and conditions of this AGREEMENT.
CONSULTANT shall provide to OC SAN, prior to execution of this AGREEMENT, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used 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 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 team members without prior written approval by OC SAN.
15. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this AGREEMENT, 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.
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16. AUDIT PROVISIONS
A. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT.
The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN’s policy. The
CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the
CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all accounting records and documents, and any other financial data related to this AGREEMENT.
17. 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 OC SAN. 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.
To the fullest extent permitted by law, CONSULTANT shall defend and indemnify OC
SAN from and against any and all claims by CONSULTANT, its principals, officers, agents, employees, former employees, suppliers, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them for benefits provided to employees of OC SAN, including, but not limited to: worker’s compensation, unemployment compensation, participation in the Orange County Employees Retirement System, paid time off, medical insurance, dental insurance, vision insurance,
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life/accidental death and dismemberment insurance, disability insurance, etc. In addition, CONSULTANT shall be required to indemnify the Indemnified Parties for any
costs related to such claims.
18. 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: Diane Marzano, Senior Contracts Administrator Copy: Jeffrey Mohr, Engineering Manager CONSULTANT:
JACOBS PROJECT MANAGEMENT CO. 2600 Michelson Drive, Suite 500 Irvine, CA 92612
Attention: Anni Larkins, Point-of-Contact All communication regarding the Scope of Work, will be addressed to the Engineering
Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Engineering Manager prior to any action by the CONSULTANT.
19. TERMINATION
OC SAN 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 OC SAN at the address listed in Section 18 -
NOTICES.
20. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this AGREEMENT shall become the property of
OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN.
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21. COMPLIANCE
A. Labor
CONSULTANT certifies by the execution of this AGREEMENT that it pays employees not less than the minimum wage as defined by law, and that it does
not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the
Iran Contracting Act of e and local air pollution control laws and regulations. (Public Contract Code sections 2200-2208).
22. AGREEMENT EXECUTION AUTHORIZATION
Both OC SAN 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.
23. 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.
24. 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.
25. 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 OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’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,
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costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and
OC SAN’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.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN 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.
CONSULTANT is indemnified in OC SAN’s standard construction contracts. This indemnification is in the General Conditions which are attached to OC SAN’s standard construction contracts when these contracts are issued.
26. 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
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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 OC SAN 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.
27. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
28. CLOSEOUT
When OC SAN determines that all Work authorized under the AGREEMENT is fully complete and that OC SAN requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, OC SAN 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, OC SAN 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 OC SAN. 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 OC SAN (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.
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Any failure by OC SAN 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 OC SAN for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT’s request for final AGREEMENT Acceptance.
29. PROHIBITION
During the term of this AGREEMENT, CONSULTANT and its Subconsultants may not propose on any engineering or construction-related projects advertised by or on behalf of OC SAN, if such work presents actual or perceived conflict of interest with CONSULTANT’s assignments with OC SAN.
CONSULTANT and its Subconsultants shall promptly disclose to OC SAN when such conflict exists prior to participating in any work as advertised by OC SAN or on its behalf.
CONSULTANT and its Subconsultants acknowledge and agree that OC SAN’s determination regarding such conflicts, that may impact CONSULTANT’s and its Subconsultants’ ability to propose on the work as described herein, shall be final and cannot be appealed.
30. 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.
[THIS SECTION INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written. CONSULTANT: JACOBS PROJECT MANAGEMENT CO. By __________________________________________________ Date __________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ John B. Withers Date
Board Chairman
By __________________________________________________
Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Ruth Zintzun Date Purchasing & Contracts Manager Attachments: Attachment “A” – Scope of Work
Attachment “A1” – Rules of Engagement Attachment “B” – Not Used Attachment “C” – Not Used
Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used
Attachment “G” – Not Used Attachment “H” – Not Used Attachment “I” – Not Used Attachment “J” – Not Used Attachment “K” – Contractor Safety Standards Attachment “L” – Not Used
DM:ms
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ATTACHMENT A
SCOPE OF WORK
I. SUMMARY
Orange County Sanitation District (OC San) is a special district responsible for wastewater
conveyance and treatment for metropolitan Orange County, California. It has been in existence
since 1954 and is the third largest wastewater treatment agency west of the Mississippi River.
OC San is soliciting Proposals to provide its engineering projects, which includes large and
small capital projects and operationally funded repair projects.
II. BACKGROUND
OC San has budgeted for a 10-year $3.0 billion capital improvement program, the vast majority
of which is managed by the Engineering Department. OC San also has an active asset
management program which includes many repair projects that, due to their complexity, are
managed by its Engineering Department.
III. PROFESSIONAL SERVICES REQUIRED
The following descriptions cover the types of professional services OC San will require under
this agreement. OC San will determine that when specific services are required. The
mechanisms for requesting, reviewing, authorizing, and terminating services under this
agreement are documented in Attachment “A1” – Rules of Engagement. As described in that
attachment, work assignments will fall into one of the following types:
Task Authorizations. Task Authorizations have formal scopes of work and firm upper
limits.
Task Directives. Task Directives are typically smaller than Task Authorizations, but do
not have a firm upper limit.
Project Role Assignments. In Project Role Assignments, the Consultant will provide a
suitability qualified professional to fulfill the particular role on a particular project.
Program Role Assignments. In Program Role Assignments, the Consultant will provide
a suitability qualified professional to fulfill the project role on a portfolio of projects.
Architecture
Design and oversee design by consultants of new building projects and tenant improvement
projects. Work with City Building/Planning Departments, Fire Departments and other regulatory
agencies as a liaison on behalf of OC San to ensure projects comply with permitting and code
requirements.
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Prepare more complex plan clarifications and changes in response to Contractor’s Request for
Information during construction and verify that facilities constructed meet design specifications
and regulatory requirements.
Engineering – Construction Management
Construction management activities include the following:
Perform a variety of work functions supporting the design and construction of
wastewater treatment and collection systems.
Review construction documents including plans and specifications; interpret plans and
specifications for construction work performed by OC San’s contractors; ensure
contractual compliance with plans, specifications, codes and safety requirements; verify
that materials being incorporated into project are per specification and with approved
construction practices; coordinate equipment isolations, equipment and process tie-ins.
Prepare progress payments to the contractor; review submittals for material and
equipment conformance to design specifications and plans.
Perform analysis of change orders; negotiate fair and reasonable costs for change
orders; prepare change order reports and documents for consideration by the Board of
Directors.
Oversee the start-up of facilities; participate in staff training.
Provide technical assistance and support to engineers and project managers; provide
technical training as appropriate.
Prepare a variety of administrative, technical, and budget reports, memos, letters, and
correspondence.
Perform constructability reviews.
Maintain comprehensive contractual records and periodically monitor progress of all
goods and service agreements, from inception through completion, to enforce
milestones, deliverables and post-contract warranties.
Engineering – Civil / Mechanical
Prepare detailed drawings, technical specifications, and scopes of work; review proposals;
assist OC San in the consultants’ selection process and perform construction support services.
Design or oversee design by consultants of sanitary sewers, sewer rehabilitation, mechanical
piping systems, wastewater treatment systems, reclaimed water systems, lift stations, etc.
including calculations. Lead design reviews to perform a comprehensive multi-discipline design
review on assigned projects.
Respond to engineering bid questions and addenda, respond to contractor’s request for
information during construction of facility, verify that equipment meets design specifications, and
prepare design changes.
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Engineering - Electrical
Provide electrical engineering services including design, design review, interdisciplinary review
of design documents, construction support service for wastewater treatment plant electrical
generating and distribution systems. Design and oversee design by consultants for medium
voltage and low voltage electrical distribution systems and motor control systems including
switchgear, single line diagrams, elementary diagrams, motor control schematics, short circuit
calculations, protective device coordination studies, raceway/wire design, and hazardous area
classification.
Respond to contractor’s request for information during construction of facility, verify that
equipment meets design specifications, and prepare design changes, review NETA test results,
and perform electrical system startup and commissioning for low and medium-voltage systems.
Perform short circuit calculations and protective device coordination studies utilizing ETAP
software.
Engineering - I&C
Provide instrumentation and control engineering services including design, design review,
interdisciplinary review of design documents, construction support service, and commissioning
support for wastewater treatment plant control systems. Design and oversee design by
consultants for process and instrumentation diagrams, control strategies, control system
network diagrams, control system input/output list, control panel drawings, and commissioning
procedures.
Respond to contractor’s request for information during construction of facility, verify that
equipment meets design specifications, prepare design changes, and support startup and
commissioning.
Engineering – Commissioning Coordinator
Provide technical leadership and management of the development of commissioning
procedures during design; review the proposed construction sequencing and commissioning
packages established during design; review finalized commissioning procedures during
construction; work closely and coordinate with the contractor’s commissioning coordinator;
provide oversight of the contractor’s commissioning and start-up process and coordinate
startups with operations and maintenance; coordinate OC San’s inspection, control system
programming and engineering resources to support the contractor’s commissioning process;
track outstanding commissioning items and support their resolution; and work closely with the
resident engineer to provide commissioning status and notification of any issues or concerns.
The commissioning coordinator shall have knowledge in electrical, instrumentation, control
systems and process control.
Engineering - Structural
Prepare detailed drawings, technical specifications, and scopes of work; review proposals and
technical memoranda prepared by others; prepare engineering analysis.
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Provide structural analysis as needed to recommend structural improvements to existing
facilities, analyze structural failures and recommend repairs.
Design and oversee design by consultants of structural systems for water/wastewater facilities.
Respond to structural Requests for Information and/or prepare more complex structural
engineering design changes during construction of facility and verify that equipment meets
design specifications and regulatory requirements.
Inspection
Inspection activities include the following:
Provide construction inspection for plant and collection facilities construction work
performed by contractors to ensure contractual compliance with plans, specifications,
codes, regulations, and OC San’s safety standards.
Prepare a variety of reports and documentation.
Review construction documents including plans and specifications.
Inspect plant and collection facilities construction work performed by contractors.
Verify that materials being incorporated into project are per specification and with
approved construction practices.
Coordinate equipment and process isolations, shutdowns, and tie-ins.
Assist safety representatives with job hazard analysis.
Observe contractors work safety environment and compliance with traffic control plans
and devices; work with contractor to establish and maintain a safe construction project
for employees, customers, and the public.
Document and follow-up on actions regarding safety, traffic control plans, and working
practices.
Assist in the maintenance of accurate as-built contract drawings
Verify contractor as-built drawings are maintained and correct.
Assist Resident Engineers on field change orders, plan clarifications, and plan changes.
Review and approve final drawings for the preparation of record drawings.
Prepare and maintain necessary construction inspection records and reports as a means
of formal documentation including daily inspection reports, photo-logs, field test results,
force account reports, extra work requests, project submittal files, and individual project
logs.
Assist Resident Engineer in preparing monthly progress reports.
Attend construction meetings.
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Work with contractors, regulatory agencies, utilities, city officials and the general public
throughout construction project to coordinate work to be accomplished and ensure
satisfactory project completion with minimum impact on the public or OC San facilities.
Various disciplines may need continuous construction inspection including Civil, Structural,
Pipeline, Mechanical, Electrical and Instrumentation disciplines of large complex water
treatment facilities and rehabilitation.
Project Management
Project management functions for major capital projects include developing schedules, cost
estimates and staffing requirements; assembling and leading project teams; planning, directing,
and coordinating activities of projects to ensure that goals and objectives of projects are
accomplished on schedule and within prescribed budget; inspecting quality and quantity of
work; managing the selection of outside consultants; and preparing and presenting reports and
other necessary correspondence on assigned projects.
Manage a project or group of projects through all six phases of the Engineering Project Life
Cycle, including project development, preliminary design, construction and installation,
commissioning, and closeout.
Manage, direct, and coordinate activities of the project team to ensure project progresses on
schedule within prescribed budget, and with acceptable quality; confers with project team to
provide technical advice and resolve problems; conducts project team meetings to ensure
adequate communication of project status.
Perform periodic review of work assignments to ensure that the work is satisfactory and is
completed according to plan.
Interface with senior management, the Board of Directors, peers, project staff, consultants,
customers, and users as necessary to coordinate project execution; informs stakeholders of
project status and possible outcomes.
Prepare project reports for the Board of Directors, management, and others; makes
presentations as necessary.
Provides project management oversight of the selection process of outside consultants;
oversees the bid, proposal, and selection/purchase recommendation process for major capital
projects; solicits proposals; reviews proposals; assists OC San’s evaluation teams with selection
of consultants establishes schedules and performance criteria.
Work with consultants on project planning, preparation, scheduling, and execution of contracts;
ensures work is completed on time and in conformance with plans and specifications.
Apply project management tools as required to address the financial aspects and impacts of
project variables such as delays to the project schedule.
Serve as a liaison for the Engineering Department with other OC San departments, divisions,
and outside agencies; provide project representation to commissions, committees, and task
forces.
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Support – Administrative
Administrative support activities include the following:
Perform a variety of secretarial, advanced clerical, and routine administrative and
programmatic work in support of assigned projects or programs, division, or department.
Participate in the administration of approved policies and procedures.
Prepare financial analysis and a variety of reports as required.
Provide information and assistance to other assigned project or program staff regarding
assigned programs, policies and procedures.
Support – Cost Estimating
Cost estimating activities include the following:
Prepare cost estimates to provide detailed information regarding quantity and cost of
materials and labor.
Develop processes and/or techniques that provide clear and standard estimating
methods across projects.
Provide data for analytical comparisons between projects.
With estimating process, identify project cost changes as projects advance through the
design process.
Review engineering plans and specifications to determine materials and quantities
required by project specifications.
Recommend cost saving changes.
Review cost estimates and change orders submitted by construction contractors and
provide recommendations.
Provide data for analytical comparisons between projects.
Prepare general budget estimates for new projects.
Estimating shall include all disciplines including architectural, civil, structural, mechanical,
plumbing, heating and air conditioning, fire protection, electrical and control systems.
Support – Construction Scheduling
Perform a variety of scheduling review and analyses involving wastewater treatment and
collection systems, including the following activities:
Review design submittals prior to bid to ensure scope is achievable in the time
stipulated.
Establish clear specifications and enforcement provisions with the contractors by placing
schedule performance and proof of impact on the contractors.
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Review construction contractor’s schedules for effective contractor performance.
Review baseline schedule submittals.
Support the Resident Engineer (RE) and Project Manager (PM) during scheduling
meetings so they are effective and productive.
Maintain careful documentation of all schedule submittals so that any requests for time
adjustments can be measured against the approved schedule in place at the time of
impact is claimed.
Monitor actual progress versus planned progress. Provide exception reporting and
recommend actions.
Perform analysis of change orders such as time impact analysis (TIA) and productivity
claims.
Support – Construction Claims / Mitigation
Prepare detailed analysis of contractor-submitted requests for change, delay claims, time
impact analyses (TIA) and/or government code claims including productivity loss claims, claims
for differing site conditions, and/or total cost claims. Work may include analysis of liability,
review of contract language and supporting documents, validating extended overhead costs,
and review and analysis of any other supporting documentation.
Work may also include a proactive strategy to reduce exposure, review of reporting
requirements and practices, and conferring with project teams and/or managers to effectively
implement practices to reduce liability and/or risk.
Support – CAD Drafting and Design
CAD drafting and design support include the following activities:
Use Computer Aided Design (CAD) equipment to provide support to Engineers by
preparing layouts, detail drawings, sketches and diagrams. Drawings are to include all
views and dimensions necessary for construction of wastewater treatment and collection
systems. Work shall be compliant with OC San CAD Manual.
Draft engineering drawings of proposed wastewater treatment facility construction
projects from engineer’s design drawings, including structures and notations; review
maps and existing drawings to determine utility locations, elevations and other related
information.
Consolidate changes made on drawings by consultants, engineers and inspectors with
contractor’s as-built drawings to draft final record drawings on a wide variety of
wastewater treatment facility construction projects.
Conduct field visits to confirm existing conditions and finished construction configuration.
Make appropriate notes of sizes, diameters, locations and other significant information
and return to project engineer.
Provide technical assistance and support to engineers and engineering aides.
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IV. TASK ASSIGNMENTS
OC San will authorize specific tasks to be completed by CONSULTANT. These tasks will vary
widely in size, cost, and complexity. Tasks will be authorized as either a Task Authorization or a
Task Directive, as described in Attachment “A1” – Rules of Engagement.
V. PERSONNEL ASSIGNMENTS
OC San will require CONSULTANT to provide staff to fill specific roles on specific projects, and,
in some cases, for its Engineering Program, as described in Attachment “A1” – Rules of
Engagement.
Project Role Assignments
Project Role assignments involve CONSULTANT assigning a qualified individual or individuals
to fill a particular role on a particular project.
A project role may cover the entire role for the project, or a specifically designated portion of that
role. CONSULTANT shall identify a Technical Lead to support assigned staff in their
designated role. Project direction, however, will generally come from the Project Team and
Supervision in Engineering.
Program Role Assignments
Program Role assignments direct CONSULTANT to assign a qualified individual or individuals
to fill a particular role on an entire portfolio of projects.
Personnel Authorizations
Personnel Authorizations authorize a particular individual to work on Task Directives, Project
Roles, and Program Roles.
VI. LOGISTICS AND CONTRACT MANAGEMENT
Work Location
CONSULTANT’s on-site staff shall be located at OC San’s facilities in Fountain Valley or
Huntington Beach, California. At times, work may be required at other OC San facilities or at job
site locations away from OC San facilities. At the CONSULTANT’s discretion and concurrence
with the OC San representative, the assigned CONSULTANT staff may be located at
CONSULTANT’s home office. Advanced coordination with OC San may be required for
CONSULTANT staff working at OC San facilities on OC San holidays.
Point of Contact/Supervision
CONSULTANT shall designate an individual as the single point of contact to direct efforts in
fulfilling contracted obligations under this Agreement. The selected designee shall be
responsible for the direct supervision of assigned staff, including such activities as work
SCOPE OF WORK PSA2021-002
1505425.1
Page 9 of 10
schedules, quality of work performed, technical oversight, vacation requests, discipline, etc. The
selected designee shall not be changed without prior written notification to the OC San
representative.
CONSULTANT is responsible for supervision of its entire staff, including the requirements
defined in Attachment “A1” – Rules of Engagement:
OC San Project Document Management
CONSULTANT’s staff assigned to work on OC San projects shall save project related
deliverables, documents and/or records in OC San accessible locations i.e., OC San SharePoint
servers and/or OC San licensed cloud-based applications such as Bluebeam, PMWeb or One
Drive, as applicable to the project assignment, to comply with Public Records Act requirements.
Accessibility to these locations shall be provided by OC San.
Provided Facilities & Equipment
OC San will provide the following for CONSULTANT’s on-site staff:
Furnished office space at OC San
Computers, software, network, and printing capabilities
Office telephone
Personal Protective Equipment
CONSULTANT staff assigned to OC San facilities may be exposed to known plant process and
work hazards and therefore will be required to have appropriate Personal Protective Equipment
(PPE) such as: eye and face protection (safety glasses), head protection (hard hat), hand
protection (gloves), foot protection (safety toed shoes), high visibility clothing (Class 3 vests),
hearing protection, personal gas monitor (4 gas), fall protection (harness and lanyard) and other
forms of PPE. CONSULTANT shall provide all equipment and training necessary to comply with
OC San safety polices. Refer to Contractor Safety Standards – Attachment “K”.
Time Tracking & Invoicing
CONSULTANT shall submit invoices, including cost and hours, on a monthly basis. Invoice
shall be submitted no later than the 15th of each month. OC San maintains a project controls
system containing detailed cost and hours information for all Engineering Projects. The format
for reporting hours shall be in an importable format, such as Microsoft Excel, and contain, at a
minimum, the following items:
Column Description
Project Number OC San will provide a list of project numbers. These numbers are
subject to change as new projects are added and existing projects are
completed.
SCOPE OF WORK PSA2021-002
1505425.1
Page 10 of 10
Work Package
Number
OC San will provide a list of work package numbers. The work
package numbers are subject to change as a project transitions from
one phase to the next.
Employee ID Each employee included in the hours report must contain a unique
identification number.
Employee Name Employee name.
Work Date The week ending date when work was performed.
Hours by Week The total number of hours worked for the week. In addition, it may be
necessary to report overtime hours which will require a separate
report.
Total Burdened Cost The total burdened cost shall include actual salary, fringe costs,
overhead, and profit by person.
Work Quality
CONSULTANT shall be responsible for the professional quality and technical competence of
assigned staff supplied to OC San. Additionally, the firm shall be responsible for the
coordination of all efforts and other services furnished under the agreement.
Management of Resource Assignments
OC San will maintain a cloud-based workflow tool to request, review, authorize, and close
resource assignments. That workflow tool is currently PMWeb. CONSULTANT’s Point of
Contact will be required to utilize this tool to track all requests through their life cycles. OC San
will use this workflow tool to verify that any invoiced costs have been duly approved through the
workflow tool.
Rules of Engagement PSA2021-002
Page 1 of 4
ATTACHMENT A1
RULES OF ENGAGEMENT
This document describes options for OC San to utilize a Supplemental Engineering
Services (SES) agreement to maintain the Engineering Project program while
complying with Independent Contractor expectations.
There are four mechanisms by which professional services can be supplied through the
SES agreement:
Task Authorizations
Task Directives
Project Role Assignments
Program Role Assignments
Task Directives, Project Role Assignments, and Program Role assignments require that
anyone working under the mechanism also have an approved Personnel Authorization.
These Terms of Engagement are intended to document how services are to be
requested, authorized, and managed.
Task Authorizations
Task Authorizations have a formal scope of work, and a fixed upper limit. Distinguishing
aspects of Task Authorizations include the following:
Requests for Task Authorization Proposals (RFTAPs) require a scope of work
prepared by OC San staff.
RFTAPs and Task Authorizations must be approved by the Director of
Engineering (DOE).
The scope of work should have the same level of detail as used for a Design
Task Order or Planning Study Task Order, including schedule requirements,
task, deliverables, and assumptions.
Task Authorization must specify a firm negotiated upper limit which may not be
exceeded. If changes require a revision to that upper limit, it must be processed
as a formal Task Authorization Amendment prior to the work being authorized
and performed.
The SES Consultant shall report costs incurred for the Task Authorization in their
monthly invoices, with the total costs incurred to date, and the unused budget
remaining.
The SES Consultant may use any of their staff, whether they have an approved
Personnel Authorization or not.
The time that SES Consultant staff charge to Task Authorizations does not count
against their approved number of hours for Personnel Authorizations.
Rules of Engagement PSA2021-002
Page 2 of 4
Task Directives
Task Directives also have an explicit scope of work, but the level of detail may be lower.
Task Directives need a negotiated budgetary estimate, but it is not a firm upper limit.
The scope of work for Task Directives may be less detailed than what is required
for a Task Authorization.
A schedule to complete the work should generally be specified but is not always
required.
Costs are tracked separately on invoices.
Personnel Authorizations are required for any staff working on a Task Directive.
Project Role
Project Role assignments direct the SES Consultant to assign a qualified individual or
individuals to fill a particular role on a particular project. Standard project roles are
listed below:
Admin Support
Construction Support
Electrical Engineer
Estimator
I&C Engineer
Inspection Civil - Mech
Inspection Elec - I&C
Project Engineer
Project Manager
Resident Engineer
Submittals Group
A project role may cover the entire role for the project, or a specifically designated
portion of that role. When a role is limited, the description of the specific designation
shall be included in the Resource Assignment Request.
The timing of delivery is based on the project schedule, or the specific
designation.
SES Staff designated on an approved Project Role assignment shall work
directly with other project team members (OC San or SES).
The Resource Assignment request shall indicate the anticipated fraction of a full-
time equivalent the role is anticipated to take.
Personnel Authorizations are required for any Project Role assignments.
Time spent in a Project Role counts against Personnel Authorizations.
The SES Consultant shall identify a Technical Lead to support assigned SES
Staff member in their designated role. Project direction, however, will generally
come from the Project Team and Supervision in Engineering.
Rules of Engagement PSA2021-002
Page 3 of 4
Program Role
Program Role assignments direct the SES Consultant to assign a qualified individual or
individuals to fill a particular role on an entire portfolio of projects. Program role
assignments are intended to be used in two circumstances:
When OC San has no staff with the required qualification. An example of this is
structural engineering.
When a pool of qualified individuals is required, with assignments and timing
varying from day to day. This case applies specifically to inspection. In the case
of inspection, the SES Consultant shall designate a dispatcher, with whom OC
San’s Inspection Supervisor can coordinate assignments and schedules. The
dispatcher may be one of the assigned inspectors, the SES Point of Contact, or
another appropriate representative of the SES Consultant.
The following apply to Program Roles:
Program Role assignments will generally be made before the specific need
arises.
Only supervisors or managers may initiate a Program Role request.
Project Role assignments must be approved by the Engineering Manager
responsible for the function.
Personnel Authorizations are required for any Program Role assignments.
Time spent in a Program Role counts against Personnel Authorizations.
Personnel Authorizations
Personnel authorizations (PA’s) provide the DOE’s approval for a particular individual to
work on Task Directives, Project Roles, and Program Roles. They also designate the
following:
The Project Role.
Their location as either Home Office or Site. This impacts the overhead rate to
be used for billing.
The number of hours per week, or just a set number of hours as needed.
The total bill rate, including actual salary, overhead, and profit.
Any reimbursable expenses. This is typically used when travel is required or
when a staff member needs a vehicle assigned to them due to the nature of their
assignments.
The following apply to Personnel Authorization:
They require approval by the DOE.
They are specific to one person.
They need not be project specific.
For on-site PA’s, the PA authorizes office space, key cards, an OC San phone
extension, and network access.
Rules of Engagement PSA2021-002
Page 4 of 4
Staff Supervision
The SES Consultant is responsible for supervision of its entire staff, including the
following:
Administrative Supervision (SES Consultant staff only)
o Performance Reviews
o Timecard Approvals o Work Hours
Supervision of Assigned Scope Deliverables
o Work Prioritization
o Technical input, guidance, and direction
Quality Control for
o Task Authorizations.
o Task Directives, when Quality Control is specified in the scope of work.
OC San will not be responsible for supervision of SES Consultant staff. OC San will
however provide direction as an Owner. Examples include the following:
Project decisions and priorities
Design standards
OC San’s preferences
Financial considerations
Risk considerations
Review for compliance with OC San Policies and Procedures
Coordination with other OC San projects and activities
3/29/2022
1
Supplemental Engineering Services
Contract No. PSA2021‐002
Presented by:
Jeff Mohr
Engineering
Manager
Operations
Committee
April 6, 2022
2
144 146
138
145 141
134 129
120 115
106
92
0
20
40
60
80
100
120
140
160
22‐23 23‐24 24‐25 25‐26 26‐27 27‐28 28‐29 29‐30 30‐31 31‐32 32‐33
Fiscal Year
99 Authorized
5‐yr CIP $1.5 billion
Forecasted Engineering Workload
1
2
r-----------------~, I I
I I ·-----------------;
3/29/2022
2
•Task Assignments
•Specific scope and deliverables
•Project Roles
•Fills a specific role on a specific project
•Program Roles
•Provide disciplines OC San does not have
Consultants may not pursue other OC San work
during the term of the agreement
Supplemental Services
3
•Consultants propose teams for resource requests
•Staff chooses firm with most appropriate staff
•Intent is to distribute work evenly
•Each contract limit is based on 60% of forecasted
work
Rules of engagement ensures consultant staff work
as independent contractors
Resource Requests
4
3
4
3/29/2022
3
Selection Process
Proposal
Score
Score after
Interview
Jacobs Project Management 94 95
AECOM Technical Services 73 76
WSP USA, Inc. 62 54
Key Attributes –Jacobs
•Exceptional staff
•Effective approach for
managing resource requests
•Highly effective on current
contract
Key Attributes –AECOM
•Deep bench of professionals
•Experience with similar contracts
•Good approach for staff
supervision
5
Recommend to the Board of Directors to:
Approve Professional Services Agreements to provide
Supplemental Engineering Services, Contract No.
PSA2021‐002, for a three‐year period commencing
May 1, 2022, through April 30, 2025, with two one‐year
renewal options, for an amount not to exceed
$29,700,000 per individual agreement with the
following two firms:
•AECOM Technical Services, Inc.
•Jacobs Project Management Co.
Recommendation
6
5
6
l
3/29/2022
4
Questions
?
7
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2256 Agenda Date:4/27/2022 Agenda Item No:11.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
PROFESSIONAL PROGRAMMING SERVICES, CONTRACT NO. PSA2021-001
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve Professional Services Agreements to provide Professional Programming Services, Contract
No. PSA2021-001, for a three-year period commencing May 1, 2022, through April 30, 2025, with two
one-year renewal options, for an amount not to exceed $4,900,000 per individual agreement with the
following two firms:
·Enterprise Automation
·Maverick Technologies, LLC
BACKGROUND
Orange County Sanitation District’s (OC San) Engineering Department includes the Process Control
Integration (PCI) Group which maintains, programs, tests, and commissions the process and
electrical control systems for the plants and pump stations. The PCI Group includes 11 staff
positions and one engineering supervisor. OC San anticipates a Capital Improvement Program (CIP)
of approximately $1.5 billion from July 2022 through June 2027. As part of its project management,
the Engineering Department forecasts monthly staffing levels for PCI needed over time to deliver the
program.
The existing process control system uses obsolete software for the human-machine interface (HMI)
and enterprise historian. In July 2021, the Board awarded a contract to ABB for Process Control
Systems Upgrades, Project No. J-120. A dedicated team from the PCI Group will be required to
support this replacement through October 2025.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·1, 5, 20-year planning horizons
·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and
equitable fees”
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2256 Agenda Date:4/27/2022 Agenda Item No:11.
PROBLEM
Based on the most current projections,the PCI Group’s workload will exceed the number of PCI staff
available by approximately four full-time positions.
PROPOSED SOLUTION
Approve two Professional Services Agreements to provide Professional Programming Services for up
to a five-year period ending in April 2027.
To ensure that projects are completed on time,OC San will utilize professional programming services
agreements to program,test,commission,maintain,upgrade,and configure programmable logic
controllers, HMI graphics, databases, servers, and networks for select projects.
The benefits of this approach,as opposed to hiring full-time staff or limited-term employees,include
the ability to provide the needed short-term resources during the execution of Project No.J-120,
rapid mobilization of highly skilled technical resources,flexibility to change the mix of needed
resources to match project requirements,and the ability to increase or reduce project resources as
workloads change.
When OC San identifies the need for programming professional resources,the two firms will be
requested to propose on a task.OC San will then select the most appropriate team for the task and
negotiate the budget and schedule.
TIMING CONCERNS
The professional programming services will enable OC San to properly execute the proposed CIP
over the next five years.
RAMIFICATIONS OF NOT TAKING ACTION
Without the necessary programing resources,projects will have to be delayed,resulting in impacts to
the capital improvement program.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Firm Selection:
OC San requested and advertised for proposals for Professional Programming Services,Contract
No.PSA2021-001,on September 27,2021.The following evaluation criteria were described in the
Request for Proposals (RFP) and used to determine the most qualified firms.
Criterion Weight
Project Understanding and Approach 25%
Related Project Experience 30%
Project Team and Staff Qualifications 45%
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File #:2022-2256 Agenda Date:4/27/2022 Agenda Item No:11.
Criterion Weight
Project Understanding and Approach 25%
Related Project Experience 30%
Project Team and Staff Qualifications 45%
Four proposals were received on November 9,2021 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
OC San staff that included one Engineering Manager,one Engineering Supervisor and one Senior
Engineer.The Evaluation Team also included one non-voting representative from the Contracts
Administration Division.
The Evaluation Team scored the proposals on the established criteria as summarized in the table
below:
Firm Project
Understanding
and Approach
(Max. 25 Points)
Related
Project
Experience
(Max. 30
Points)
Project Team and
Staff
Qualifications
(Max. 45 Points)
Total
Score
(Max. 100
Points)
1 Enterprise Automation 20 25 39 84
2 Maverick Technologies.
LLC
18 19 33 70
3 South Coast Controls 14 16 21 51
4 Techne Network Inc.4 8 9 21
Of the four proposals,only those from Enterprise Automation and Maverick Technologies offered
sufficient local resources.Based on this scoring,interviews with these two firms were conducted on
January 11 and 12,2022.Following the interviews,each member of the Evaluation Team scored the
firms based on both the written proposal and the interview using the evaluation criteria and weighting
described above. Below is the summary of the final scores.
Firm Project
Understanding
and Approach
(Max. 25 Points)
Related
Project
Experience
(Max. 30
Points)
Project Team
and Staff
Qualifications
(Max. 45 Points)
Total
Score (Max.
100 Points)
1 Enterprise Automation 23 25 41 89
2 Maverick Technologies,
LLC
19 19 35 73
Enterprise Automation and Maverick Technologies,LLC demonstrated strong experience,knowledge,
and ability to provide these services;clear understanding of projects risks,project execution and
understanding on how to deliver a quality product on time and within schedule;and ability to provide
local resources to perform programming, testing, and commissioning.
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File #:2022-2256 Agenda Date:4/27/2022 Agenda Item No:11.
Review of Fee Proposals and Negotiations:
Hourly rate schedules were provided from each firm with a letter from the firm’s officer stating that the
rates provided to OC San were the same standard rates provided to other new clients.OC San also
reviewed the rates and determined that they were fair and reasonable.
Contract Value:
Staff has estimated that,on average,the equivalent of approximately four full-time staff will be
required over the maximum 5-year period of these contracts.Assignments will be made on a case-
by-case basis,so fees earned by one firm could be more than the other firm.For this reason,staff is
proposing the contract limit for each firm be approximately 60 percent of the total expected fees
associated with the four full-time equivalents.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.The budgeted cost
for the proposed Professional Service Agreements is contained within the approved CIP project
budgets for project programming and commissioning and the Division 760 budget for control system
maintenance, and therefore no additional funding is necessary.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Services Agreements
·Presentation
MD:jw
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PSA PSA2021-001-1
Revised 062821 PROGRAMMING PROFESSIONAL SERVICES
Page 1 of 18
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 1st day of May, 2022, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OC SAN", and PARTNERS IN CONTROL, INC. DBA ENTERPRISE AUTOMATION, for
purposes of this AGREEMENT hereinafter referred to as "CONSULTANT". OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, OC SAN desires to engage a consultant for Programming Professional Services, PSA2021-001-1, to provide qualified staff as described in Attachment “A”, Scope of Work; and Attachment “A1”, Rules of Engagement, and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the requisite personnel and experience, and is capable of performing such services; and, WHEREAS, OC SAN has adopted procedures for the selection of professional services
and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and,
WHEREAS, OC SAN shall manage selection of a Consultant for Task Order(s) and Task Directive(s) when requested after award of this AGREEMENT based on the most appropriate qualifications and fit; and, WHEREAS, at its regular meeting on April 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between OC SAN 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 qualified staff to accomplish the Scope of Work attached hereto as "Attachment A". Attachment “A” is hereby incorporated into this
AGREEMENT. In the event of a conflict between the Scope of Work and this AGREEMENT, the terms of this AGREEMENT shall prevail.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
PSA PSA2021-001-1
Revised 062821 PROGRAMMING PROFESSIONAL SERVICES
Page 2 of 18
A. Time and Material: Not to Exceed Aggregate Amount
OC SAN shall compensate CONSULTANT for services performed under this AGREEMENT on a time and materials basis, not to exceed a maximum aggregate amount of Four Million Nine Hundred Thousand Dollars ($4,900,000)
(“Total Compensation”) during the term of the AGREEMENT.
B. Hourly Rates As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the work performed and validated by
OC SAN and paid to the personnel of CONSULTANT per Attachment “E”. OC SAN shall also pay to CONSULTANT a sum equal to the premium costs for overtime, charged on an hourly-rate basis, actually paid by CONSULTANT to the non-exempt personnel of CONSULTANT. Attachment “E” is hereby incorporated by reference. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is
charged to this AGREEMENT.
C. Profit As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN and CONSULTANT agree that profit is included in the hourly rates as stated in Attachment “E” to this AGREEMENT. There will be no separate payment for profit made to the CONSULTANT for all services rendered by CONSULTANT and Subconsultants for this AGREEMENT.
D. Subconsultants (NOT USED)
E. Escalation
For purposes of calculating hourly billing rates of CONSULTANT employees and any Subconsultant employees performing services under this AGREEMENT, the Hourly Rates as defined in Attachment “E” shall be adjusted annually on January 1st of each year based on the most recently released Employment Cost Index (ECI) published by the United States Department of Labor Bureau of Labor Statistics. The twelve-month percent change in total compensation and wages and salaries for private industry workers by area not seasonally adjusted for the Los Angeles-Long Beach, CA combined statistical area shall be used.
F. Reimbursable Direct Costs OC SAN 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 OC SAN can be
PSA PSA2021-001-1
Revised 062821 PROGRAMMING PROFESSIONAL SERVICES
Page 3 of 18
found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for economical and practical means or management of reimbursable costs inclusive but not limited to travel, lodging and
meals arrangements. OC SAN shall apply 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN 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 OC SAN for local travel.
However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN 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 OC SAN. 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.
OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN.
OC SAN will not pay per diem for Field Office Staff nor will it pay for any relocation of staff to be assigned under this AGREEMENT.
G. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT’s Task Authorizations will exceed seventy-five percent (75%) of the not-to-exceed amount of the Task Authorization, CONSULTANT shall notify OC SAN 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 OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written notice shall be provided separately from,
PSA PSA2021-001-1
Revised 062821 PROGRAMMING PROFESSIONAL SERVICES
Page 4 of 18
and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN 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
OC SAN, 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. KEY POSITIONS
CONSULTANT shall notify OC SAN in advance regarding changes to any key
CONSULTANT employees performing services under this AGREEMENT. Positions considered to be Key Positions are Point of Contact and any staff leading Task Authorizations and Task Directives under the AGREEMENT. Should a CONSULTANT employee within one of these categories become no longer available to OC SAN, CONSULTANT shall submit the resume and qualifications of the proposed replacement to OC SAN for approval as soon as possible, but in no event later than seven (7)
calendar days prior to the departure of the incumbent Key Position unless CONSULTANT is not provided with such notice by the departing staff.
5. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any work for that invoicing period, in a format acceptable to OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by OC SAN. CONSULTANT understands that submitted costs are subject to Section 14 Audit Provisions.
B. Upon receipt of a properly prepared invoice, as described above, payment shall be made by OC SAN to CONSULTANT within sixty (60) calendar days.
C. 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 OC SAN a release of all claims against OC SAN 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.
D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN 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.
PSA PSA2021-001-1
Revised 062821 PROGRAMMING PROFESSIONAL SERVICES
Page 5 of 18
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 OC SAN 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
OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
6. TERM
This AGREEMENT shall commence upon the effective date first written above, and shall continue in full force and effect through April 30, 2025, (“Initial Term”) unless earlier terminated or extended as provided in the AGREEMENT. OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12)
months, commencing May 1, 2025, and continuing through April 30, 2026, (“Option Term 1”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
At the conclusion of Option Term 1, if applicable, OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2026, and continuing through April 30, 2027, (“Option Term 2”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN’s election to extend the AGREEMENT beyond the Initial Term shall not diminish its right to terminate the AGREEMENT for OC SAN’s convenience or CONSULTANT’s default as provided elsewhere in this AGREEMENT. The “maximum term” of this AGREEMENT shall be from the effective date first written above through April 30, 2027, which period encompasses the Initial Term and two (2) Option Terms.
7. 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.
8. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq,
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CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, 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).
9. INDEPENDENT CONTRACTOR
The CONSULTANT and Subconsultants shall be independent contractors and not
agents of OC SAN. Any provisions of this AGREEMENT that may appear to give OC SAN the right to direct the CONSULTANT concerning the details of performing the professional services, or to exercise any control over such performance, shall mean only
that the CONSULTANT shall follow the direction of OC SAN concerning the end results of the performance.
10. 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 OC SAN. OC SAN’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.
OC SAN 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. OC SAN acknowledges that documents prepared through Professional Services must be revised and sealed
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by a professional engineer prior to their reuse on another project. OC SAN acknowledges that it assumes all risk associated with reuse of such documents,
which are not undertaken by CONSULTANT.
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.
11. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current
A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to OC SAN’s option to require a change
in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN 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 OC SAN 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 Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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 OC SAN 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. Where permitted by law, CONSULTANT hereby waives all rights of recovery by
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subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OC
SAN, its or their officers, agents, or employees, and any other consultant, contractor or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development and construction of the
project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability coverage: Combined single limit of Five Hundred Thousand Dollars ($500,000). A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement. E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form
acceptable by OC SAN. F. Cyber Liability Insurance Cyber liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN. G. 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
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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 OC SAN. 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. H. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this
AGREEMENT, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this AGREEMENT, and for a period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this
AGREEMENT. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier.
In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this AGREEMENT or until completion of the services provided for in this AGREEMENT, whichever is later. In the event of termination of said policy
during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this AGREEMENT.
CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN 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. I. Proof of Coverage The CONSULTANT shall furnish OC SAN 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 OC SAN before work commences. OC SAN 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:
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• Certificate of Insurance ACORD Form 25 or other equivalent Certificate of Insurance form.
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 2010 and CG 2037
All other Additional Insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Auto Liability)
Submit endorsement provided by carrier for
OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC
SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below. J. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division K. Primary Insurance
The General and Automobile Liability policies shall contain a Primary and Non
Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT.
L. Separation of Insured The General and Automobile Liability policies shall contain a “Separation of Insureds” clause.
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M. 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. N. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses.
O. Defense Costs
Defense costs are included within the policy limits. P. 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. Q. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
12. CHANGES
In the event of a change in the Scope of Work or a change in Key Personnel, or change in hourly rates, as requested by either Party, the Parties hereto shall execute an
Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT. CONSULTANT’s compensation for additional services authorized and performed in accordance with this AGREEMENT shall be agreed to OC SAN and
CONSULTANT in writing prior to the time that the additional services are authorized. An Amendment shall be executed to document the change.
CONSULTANT hereby agrees to use any and all procedures, programs, and systems
required by OC SAN to process and execute such Amendment(s), including, but not limited to, computer programs and systems.
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13. PROJECT TEAM AND SUBCONSULTANTS
Neither this AGREEMENT nor any interest herein nor claim hereunder may be assigned
by CONSULTANT either voluntarily or by operation of law, nor may all or any part of the AGREEMENT be subcontracted by CONSULTANT, without the prior written consent of OC SAN. Consent by OC SAN shall not be deemed to relieve CONSULTANT of its
obligation to comply fully with all terms and conditions of this AGREEMENT.
CONSULTANT shall provide to OC SAN, 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 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 without prior written approval by OC SAN or CONSULTANT’s team members without prior written notice to OC SAN.
14. AUDIT PROVISIONS
A. OC SAN 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 OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this AGREEMENT. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all
Subconsultants. B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN 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 OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified
employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all Project related accounting records and documents, and any other financial data.
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15. 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 OC SAN. 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.
To the fullest extent permitted by law, CONSULTANT shall defend and indemnify OC SAN from and against claims by CONSULTANT, its principals, officers, agents, employees, former employees, suppliers, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them for benefits provided to employees of OC SAN, including, but not limited to: worker’s compensation, unemployment
compensation, participation in the Orange County Employees Retirement System, paid time off, medical insurance, dental insurance, vision insurance, life/accidental death and dismemberment insurance, disability insurance, etc. In addition, CONSULTANT shall be
required to indemnify the Indemnified Parties for any costs related to such claims.
16. 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: Diane Marzano, Senior Contracts Administrator Copy: Frank Steiger, Engineering Supervisor
CONSULTANT: PARTNERS IN CONTROL, INC. DBA ENTERPRISE AUTOMATION 210 Goddard Irvine, CA 92618 Attention: Scott Pickford, Principal Copy: Luke Stephenson, Business Manager All communication regarding the Scope of Work, will be addressed to the Engineering Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
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17. DELAYS
In the event that performance of the services and/or delivery of the deliverables is
delayed by circumstances beyond the reasonable control of CONSULTANT (including without limitation changes to the scope of work, delays by OC SAN in providing information, fire, natural disasters, civil disturbances, acts of governmental authorities,
labor disputes, unavailability of materials or shipping delays or pandemic), CONSULTANT will promptly notify OC SAN of such circumstances in writing and CONSULTANT will be granted an equitable extension of the time to meet its obligations under the AGREEMENT.
18. TERMINATION
OC SAN 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 OC SAN at the address listed in Section 16 - NOTICES.
19. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this Project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN.
20. COMPLIANCE
A. Labor
CONSULTANT certifies by the execution of this AGREEMENT that it pays
employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
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21. AGREEMENT EXECUTION AUTHORIZATION
Both OC SAN 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.
22. 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.
23. 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.
24. INDEMNIFICATION AND HOLD HARMLESS PROVISION
To the extent of its fault, CONSULTANT shall assume responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by CONSULTANT's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by CONSULTANT, and whether such damage or injury shall accrue or be discovered before or after the termination of the AGREEMENT. Except as to the extent of the negligence of or willful misconduct of OC
SAN, CONSULTANT shall indemnify, protect, defend and hold harmless OC SAN, 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 CONSULTANT's performance under the AGREEMENT, and/or (b) on account of use of any copyrighted or uncopyrighted
material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the AGREEMENT, and/or (c) on account of any goods and services provided under this AGREEMENT. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of CONSULTANT or anyone employed by or working under CONSULTANT. To the maximum extent permitted by law, CONSULTANT's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the 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. CONSULTANT agrees
to provide this defense immediately upon written notice from OC SAN, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC SAN. This section shall survive the expiration or early termination of the AGREEMENT.
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25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
26. CLOSEOUT
When OC SAN determines that all Work authorized under the AGREEMENT is fully complete and that OC SAN requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, OC SAN 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, OC SAN 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 OC SAN. 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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT’s request for final AGREEMENT Acceptance.
27. PROHIBITION
During the term of this AGREEMENT, CONSULTANT and its Subconsultants may not propose on any construction work advertised by or on behalf of OC SAN, if such work presents actual or perceived conflict of interest with CONSULTANT’s assignments with OC SAN.
CONSULTANT and its Subconsultants shall promptly disclose to OC SAN when such conflict exists prior to participating in any work as advertised by OC SAN or on its behalf.
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CONSULTANT and its Subconsultants acknowledge and agree that OC SAN’s determination regarding such conflicts, that may impact CONSULTANT’s and its
Subconsultants’ ability to propose on the work as described herein, shall be final and cannot be appealed.
28. WARRANTY
CONSULTANT warrants that its work under this AGREEMENT will be performed in a workmanlike manner consistent with current and generally recognized standards in CONSULTANT’s industry. Deliverables not created by CONSULTANT are warranted only to the extent of the express written warranties of the manufacturer(s) of such items delivered to OC SAN by CONSULTANT as a part of any project. In no event will CONSULTANT be responsible for (a) any modifications to any services or deliverables made by anyone other than CONSULTANT; (b) damages caused by misuse, improper operation or improper or insufficient maintenance of any services or deliverables; (c) normal wear and tear; (d) any alleged defects in any services or deliverables that arise from CONSULTANT’s compliance with designs or other criteria or requirements provided by or through OC SAN; or (e) any alleged defects in any services or
deliverables after one (1) year from completion and delivery to OC SAN. CONSULTANT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ANY OTHER WARRANTIES (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY DISCLAIMED BY CONSULTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
29. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written. CONSULTANT: PARTNERS IN CONTROL, INC. DBA ENTERPRISE AUTOMATION By __________________________________________________ Date __________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ John B. Withers Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date
Clerk of the Board
By __________________________________________________ Ruth Zintzun Date
Purchasing & Contracts Manager Attachments: Attachment “A” – Scope of Work Attachment “A1” – Rules of Engagement Attachment “B” – Not Used Attachment “C” – Not Attached Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Not Used
Attachment “H” – Not Attached Attachment “I” – Not Attached Attachment “J” – Not Used
Attachment “K” – Contractor Safety Standards
ATTACHMENT “A”
SCOPE OF WORK
SCOPE OF WORK PSA2021-001 1
ATTACHMENT A
SCOPE OF WORK
I. SUMMARY
The Orange County Sanitation District (OC SAN) is a special district responsible for wastewater
conveyance and treatment for metropolitan Orange County, California. It has been in existence
since 1954 and is the third largest wastewater treatment agency west of the Mississippi River.
OC SAN is soliciting Proposals to provide Programming Professional Services (PPS) to support
its engineering projects, which includes large and small capital projects and operationally
funded repair projects. OC SAN’s facilities consists of Water Reclamation Plant No. 1,
Treatment Plant No. 2 and 15 pump stations.
II. BACKGROUND
OC SAN has budgeted for a 10-year $3.0 billion capital improvement program, the vast majority
of which is managed by the Engineering Department. OC SAN also has an active asset
management program which includes many repair projects that, due to their complexity, are
managed by its Engineering Department.
OC SAN’s Process Control Integration Group (PCI) performs all programming of programmable
logic controllers (PLCs) and human machine interface (HMI) for all plant and pump station
projects along with the associated commissioning. OC SAN utilizes Modicon Quantum PLC
hardware and has recently migrated to Modicon M580 due to obsolescence. The HMI utilizes
Copland Roland Interpreted Sequential Processor (CRISP), which is a VAX based system. OC
SAN recently finalized the procurement of a new control system for the plants and pump
stations and selected an ABB distributed control system (DCS). Starting in late 2021, Project
No. J-120 Process Control Systems Upgrades will replace the existing HMI for the plants and
pump stations. The existing PLCs will be replaced under future Capital Improvement Program
(CIP) projects as part of a replacement or rehabilitation project. Over the next 5 years, there is a
significant increase in the PCI workload due to construction projects and J-120, requiring the
need for programming professional services.
III. PROFESSIONAL SERVICES REQUIRED
Following award of an agreement, OC SAN will determine when specific services are required.
The mechanisms for requesting, reviewing, authorizing, and terminating services under this
agreement are documented in Attachment “A1” – Rules of Engagement. As described in that
attachment, work assignments will fall into one of the following types:
• Task Authorizations. Task Authorizations have formal scopes of work and firm upper
limits.
• Task Directives. Task Directives are typically smaller than Task Authorizations, but do
not have a firm upper limit.
SCOPE OF WORK PSA2021-001 2
The selected firm will assist PCI by providing highly skilled and experienced resources to
program, test, and commission PLCs and HMI graphics; support, maintain and upgrade the
SCADA system historian, HMI clients, servers and databases; design, program and
configure control system networks and fiber optics; perform security configurations and
patches on control system equipment; and review process and instrument diagrams
(P&IDs), control strategies, motor control schematics, panel drawings, and PLC
communication networks. The selected firm shall provide qualified resources to execute the
work through Task Authorizations and Task Directives. The provided resources shall include
the appropriate experience balance that provides a high-quality, cost-effective project
execution. Task Authorizations will be developed for a specific scope of work such as the
programming of a PLC or the development of HMI screens for a specific process area. Task
Authorization duties include but are not limited to: Programming and documenting Modicon
Quantum and M580 PLCs and CRISP or new HMI system screens using OC SAN
programming standards, reviewing PLC and remote input/output (I/O) panel shop drawings,
reviewing and updating I/O lists (also known as SCADA Administrative Tool (SAT)),
coordinating the programming with PCI staff, coordinating with OC SAN commissioning
coordinator, bench testing programs, and commissioning programs during Operational
Readiness Test (ORT), Functional Acceptance Testing (FAT), and Reliability Acceptance
Testing (RAT). See Section 17410 Programming Using OC SAN Standards and associated
attachments for OC SAN’s programming requirements.
The selected firm’s staff shall have a thorough working knowledge and understanding of
programmable logic controllers (using ladder logic and function block) and configuration of
HMI systems and graphics. Staff shall be able to interpret engineering drawings and
documents such as P&IDs, control strategies, motor control schematics, panel drawings,
and PLC communication networks. All staff shall be trained on OC SAN standards prior to
working on Task Authorizations and Task Directives and shall be located within daily driving
distance from Plant No. 1 in Fountain Valley, CA.
Estimated Full-Time Staff Required
The following staff levels are estimated based on projected programming and
commissioning workloads. The actual number of staff will be based on the required hours for
the selected firm to complete the assigned programming and commissioning scope of work.
Staff Needed by Contract Year
Function Year 1 Year 2 Year 3 Year 4 Year 5
Fiscal Year FY21-22 FY22-23 FY23-24 FY24-25 FY25-26
PLC/SCADA Programmer 6.0 6.0 6.0 6.0 5.0
IV. TASK ASSIGNMENTS
OC SAN will authorize specific tasks to be completed by CONSULTANT. These tasks will vary
widely in size, cost, and complexity. Tasks will be authorized as either a Task Authorization or a
Task Directive, as described in Attachment “A1” – Rules of Engagement.
SCOPE OF WORK PSA2021-001 3
Task Authorizations have a formal scope of work and a fixed upper limit. Task Directives also
have an explicit scope of work, but the level of detail may be lower. Task Directives need a
budgetary estimate, but not a firm upper limit.
V. PERSONNEL ASSIGNMENTS
OC SAN will require CONSULTANT to provide staff to fill specific roles on specific projects, and,
in some cases, for its Engineering Program, as described in Attachment “A1” – Rules of
Engagement.
Personnel Authorizations
Personnel Authorizations authorize a particular individual to work on Task Directives
VI. LOGISTICS AND CONTRACT MANAGEMENT
Work Location
CONSULTANT’s on-site staff shall be located at OC SAN’s facilities in Fountain Valley or
Huntington Beach, California. At times, work may be required at other OC SAN facilities or at
job site locations away from OC SAN facilities. At the CONSULTANT’s discretion and
concurrence with the OC SAN representative, the assigned CONSULTANT staff may be located
at CONSULTANT’s home office when performing programming. All bench testing and
commissioning shall be performed at OC SAN’s facilities. Advanced coordination with OC SAN
may be required for CONSULTANT staff working at OC SAN facilities on OC SAN holidays.
Point of Contact/Supervision
CONSULTANT shall designate an individual as the single point of contact to direct efforts in
fulfilling contracted obligations under this Agreement. The selected designee shall be
responsible for the direct supervision of assigned staff, including such activities as work
schedules, quality of work performed, technical oversight, vacation requests, discipline, etc. The
selected designee shall not be changed without prior written notification to the OC SAN
representative.
CONSULTANT is responsible for supervision of its entire staff, including the requirements
defined in Attachment “A1” – Rules of Engagement:
OC SAN Project Procedures
CONSULTANT’s staff assigned to work on OC San projects shall save project related
deliverables, documents and/or records in OC San accessible locations i.e., OC San SharePoint
servers and/or OC San licensed cloud-based applications such as Bluebeam, PMWeb or One
Drive, as applicable to the project assignment, to comply with Public Records Act
requirements. Accessibility to these locations shall be provided by OC San.
SCOPE OF WORK PSA2021-001 4
Provided Facilities & Equipment
OC SAN will provide the following for CONSULTANT’s on-site staff:
• Furnished office space at OC SAN
• Computers, software, network, and printing capabilities
• Office telephone
Personal Protective Equipment
CONSULTANT staff assigned to OC SAN facilities may be exposed to known plant process and
work hazards and therefore will be required to have appropriate Personal Protective Equipment
(PPE) such as: eye and face protection (safety glasses), head protection (hard hat), hand
protection (gloves), foot protection (safety toed shoes), high visibility clothing (Class 3 vests),
hearing protection, personal gas monitor (4 gas), and other forms of PPE. CONSULTANT shall
provide all equipment and training necessary to comply with OC SAN safety polices. Refer to
Contractor Safety Standards – Attachment “K”.
Time Tracking & Invoicing
CONSULTANT shall submit invoices, including cost and hours, monthly. Invoice shall be
submitted no later than the 15th of each month. OC SAN maintains a project controls system
containing detailed cost and hours information for all Engineering Projects. The format for
reporting hours shall be in an importable format, such as Microsoft Excel, and contain, at a
minimum, the following items:
Column Description
Project Number OC SAN will provide a list of project numbers. These numbers are subject to change as new projects are added and existing projects are
completed.
Work Package Number OC SAN will provide a list of work package numbers. The work package numbers are subject to change as a project transitions from one phase to the next.
Employee ID Each employee included in the hours report must contain a unique identification number.
Employee Name Employee name.
Work Date The week ending date when work was performed.
Hours by Week The total number of hours worked for the week. In addition, it may be necessary to report overtime hours which will require a separate report.
Total Burdened Cost The total burdened cost shall include actual salary, fringe costs, overhead, and profit by person.
SCOPE OF WORK PSA2021-001 5
Performance Requirements
Assigned staff must perform their duties to OC SAN’s satisfaction. OC SAN reserves the right to
reject any proposed staff or replace any assigned staff at any time. The Point of Contact shall
replace staff upon OC SAN’s request.
Work Quality
CONSULTANT shall be responsible for the professional quality and technical competence of
assigned staff supplied to OC SAN. Additionally, the firm shall be responsible for the
coordination of all efforts and other services furnished under the agreement.
Management of Resource Assignments
OC SAN will maintain a cloud-based workflow tool to request, review, authorize, and close
resource assignments. That workflow tool is currently PMWeb. CONSULTANT’s Point of
Contact will be required to utilize this tool to track all requests through their life cycles. OC SAN
will use this workflow tool to verify that any invoiced costs have been duly approved through the
workflow tool. Section 01701 Resource Assignment Management System for requirements.
Attachments
• Section 01701 Resource Assignment Management System
• Section 17410 Programming Using OC SAN Standards
• Section 17410 Attachment A – SAT Data Dictionary
• Section 17410 Attachment B – Sample Technical Memorandum
• Section 17410 Attachment C – Sample Test Sheet
• Section 17410 Attachment D – Sample Program Flowchart
• Section 17410 Attachment E – Section 01810 Commissioning
ATTACHMENT “A1”
RULES OF ENGAGEMENT
RULES OF ENGAGEMENT PSA2021-001
1
ATTACHMENT A1
RULES OF ENGAGEMENT
This document describes options for OC San to utilize a Programming Professional Services
(PPS) agreement to maintain the Engineering Project program while complying with
Independent Contractor expectations.
There are two mechanisms by which professional services can be supplied through the PPS
agreement:
Task Authorizations
Task Directives
Task Directives assignments require that anyone working under the mechanism also have an
approved Personnel Authorization.
These Terms of Engagement are intended to document how services are to be requested,
authorized, and managed.
Task Authorizations
Task Authorizations have a formal scope of work, and a fixed upper limit. Distinguishing
aspects of Task Authorizations include the following:
Requests for Task Authorization Proposals (RFTAPs) require a scope of work prepared
by OC San staff.
RFTAPs and Task Authorizations must be approved by the Director of Engineering
(DOE).
The scope of work should have the same level of detail as used for a Design Task Order
or Planning Study Task Order, including schedule requirements, task, deliverables, and
assumptions.
Task Authorization must specify a firm negotiated upper limit which may not be
exceeded. If changes require a revision to that upper limit, it must be processed as a
formal Task Authorization Amendment prior to the work being authorized and performed.
The PPS Consultant shall report costs incurred for the Task Authorization in their
monthly invoices, with the total costs incurred to date, and the unused budget remaining.
The PPS Consultant may use any of their staff, whether they have an approved
Personnel Authorization or not.
The time that PPS Consultant staff charge to Task Authorizations does not count against
their approved number of hours for Personnel Authorizations.
Task Directive
Task Directives also have an explicit scope of work, but the level of detail may be lower. Task
Directives need a negotiated budgetary estimate, but it is not a firm upper limit.
The scope of work for Task Directives may be less detailed than what is required for a
Task Authorization.
A schedule to complete the work should generally be specified but is not always
required.
Costs are tracked separately on invoices.
RULES OF ENGAGEMENT PSA2021-001
2
Personnel Authorizations are required for any staff working on a Task Directive.
Personnel Authorizations
Personnel authorizations (PA’s) provide the DOE’s approval for a particular individual to work on
Task Directives. They also designate the following:
The Project Role
Their location as either Home Office or Site. This impacts the overhead rate to be used
for billing.
The number of hours per week, or just a set number of hours as needed.
The total bill rate, including actual salary, overhead, and profit.
Any reimbursable expenses. This is typically used when travel is required or when a
staff member needs a vehicle assigned to them due to the nature of their assignments.
The following apply to Personnel Authorization:
They require approval by the DOE.
They are specific to one person.
They need not be project specific.
For on-site PA’s, the PA authorizes key cards.
Staff Supervision
The PPS Consultant is responsible for supervision of its entire staff, including the following:
Administrative Supervision (PPS Consultant staff only)
o Performance Reviews o Timecard Approvals
o Work Hours
Supervision of Assigned Scope Deliverables
o Work Prioritization o Technical input, guidance, and direction
Quality Control for
o Task Authorizations o Task Directives, when Quality Control is specified in the scope of work
OC San will not be responsible for supervision of PPS Consultant staff. OC San will however
provide direction as an Owner. Examples include the following:
Project decisions and priorities
Design standards
OC San’s preferences
Financial considerations
Risk considerations
Review for compliance with OC San Policies and Procedures
Coordination with other OC San projects and activities
PSA PSA2021-001-2
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 1st day of May, 2022, by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "OC SAN", and MAVERICK TECHNOLOGIES, LLC, for purposes of this AGREEMENT
hereinafter referred to as "CONSULTANT". OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WITNESSETH: WHEREAS, OC SAN desires to engage a consultant for Programming Professional Services, PSA2021-001-2, to provide qualified staff as described in Attachment “A”, Scope of Work; and Attachment “A1”, Rules of Engagement, and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the requisite personnel and experience, and is capable of performing such services; and, WHEREAS, OC SAN has adopted procedures for the selection of professional services
and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and,
WHEREAS, OC SAN shall manage selection of a Consultant for Task Order(s) and Task Directive(s) when requested after award of this AGREEMENT based on the most appropriate qualifications and fit; and, WHEREAS, at its regular meeting on April 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this AGREEMENT between OC SAN 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 qualified staff to accomplish the Scope of Work attached hereto as "Attachment A". Attachment “A” is hereby incorporated into this
AGREEMENT. In the event of a conflict between the Scope of Work and this AGREEMENT, the terms of this AGREEMENT shall prevail.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the following provisions:
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A. Time and Material: Not to Exceed Aggregate Amount
OC SAN shall compensate CONSULTANT for services performed under this AGREEMENT on a time and materials basis, not to exceed a maximum aggregate amount of Four Million Nine Hundred Thousand Dollars ($4,900,000)
(“Total Compensation”) during the term of the AGREEMENT.
B. Hourly Rates As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the work performed and validated by
OC SAN and paid to the personnel of CONSULTANT per Attachment “E”. OC SAN shall also pay to CONSULTANT a sum equal to the premium costs for overtime, charged on an hourly-rate basis, actually paid by CONSULTANT to the non-exempt personnel of CONSULTANT. Attachment “E” is hereby incorporated by reference. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is
charged to this AGREEMENT.
C. Profit As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN and CONSULTANT agree that profit is included in the hourly rates as stated in Attachment “E” to this AGREEMENT. There will be no separate payment for profit made to the CONSULTANT for all services rendered by CONSULTANT and Subconsultants for this AGREEMENT.
D. Subconsultants For all Subconsultants, CONSULTANT may pay to Subconsultants total
compensation on an hourly-rate basis per Attachment “E” – Fee Proposal Form and as specified in the Scope of Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultants, without markup.
E. Escalation For purposes of calculating hourly billing rates of CONSULTANT employees and any Subconsultant employees performing services under this AGREEMENT, the Hourly Rates as defined in Attachment “E” shall be adjusted annually on January 1st of each year based on the most recently released Employment Cost Index (ECI) of Los Angeles-Long Beach-Anaheim, California. This rate is from the United States Department of Labor Bureau of Labor Statistics.
F. Reimbursable Direct Costs OC SAN will reimburse the CONSULTANT for reasonable travel and business
expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs to this AGREEMENT. The reimbursement of the above mentioned expenses will be based on an “accountable plan” as considered by
Internal Revenue Service (IRS). The plan includes a combination of
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reimbursements based upon receipts and a “per diem” component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN 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. OC SAN 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 OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN 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 OC SAN for local travel. However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN 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 OC SAN. 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.
Any additional expense not included in the per diem rates (e.g., airfare, car rentals and airport parking) shall be paid to CONSULTANT by OC SAN at cost plus 12%.
OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. OC SAN will not pay per diem for Field Office Staff nor will it pay for any relocation of staff to be assigned under this AGREEMENT.
G. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Task Authorizations will exceed seventy-five
PSA PSA2021-001-2
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percent (75%) of the not-to-exceed amount of the Task Authorization, CONSULTANT shall notify OC SAN 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 OC SAN’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 OC SAN 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
OC SAN, 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. KEY POSITIONS
CONSULTANT shall notify OC SAN in advance changes to any key CONSULTANT
employees performing services under this AGREEMENT. Positions considered to be Key Positions are Point of Contact and any staff leading Task Authorizations and Task Directives under the AGREEMENT. Should a CONSULTANT employee within one of these categories become no longer available to OC SAN, CONSULTANT shall submit the resume and qualifications of the proposed replacement to OC SAN for approval as soon as possible, but in no event later than seven (7) calendar days prior to the
departure of the incumbent Key Position unless CONSULTANT is not provided with such notice by the departing staff.
5. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any work for that
invoicing period, in a format acceptable to OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide all support documentation required by OC SAN. CONSULTANT understands that submitted costs are
subject to Section 14 Audit Provisions.
B. Upon receipt of a properly prepared invoice, as described above, payment shall be made by OC SAN to CONSULTANT within sixty (60) calendar days.
C. 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 OC SAN a release of all claims against OC SAN 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.
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D. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN 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 OC SAN 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 OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
6. TERM
This AGREEMENT shall commence upon the effective date first written above, and shall continue in full force and effect through April 30, 2025, (“Initial Term”) unless earlier
terminated or extended as provided in the AGREEMENT. OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2025, and continuing through April 30, 2026, (“Option Term
1”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN, at its sole discretion, may elect to extend the term of this AGREEMENT up to an additional twelve (12) months, commencing May 1, 2026, and continuing through April 30, 2027, (“Option Term 2”), and thereupon require CONSULTANT to continue to provide services, and otherwise perform, in accordance with Attachment “A”, entitled “Scope of Work” and Attachment “A1”, entitled “Rules of Engagement”.
OC SAN’s election to extend the AGREEMENT beyond the Initial Term shall not diminish its right to terminate the AGREEMENT for OC SAN’s convenience or CONSULTANT’s default as provided elsewhere in this AGREEMENT. The “maximum
term” of this AGREEMENT shall be from the effective date first written above through April 30, 2027, which period encompasses the Initial Term and two (2) Option Terms.
7. 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.
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8. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform Work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, 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).
9. INDEPENDENT CONTRACTOR
The CONSULTANT and Subconsultants shall be independent contractors and not agents of OC SAN. Any provisions of this AGREEMENT that may appear to give OC SAN the right to direct the CONSULTANT concerning the details of performing the professional services, or to exercise any control over such performance, shall mean only that the CONSULTANT shall follow the direction of OC SAN concerning the end results of the performance.
10. 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 OC SAN. OC SAN’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.
OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed
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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. OC SAN acknowledges that documents prepared through Professional Services must be revised and sealed by a professional engineer prior to their reuse on another project. OC SAN acknowledges that it assumes all risk associated with reuse of such documents, which are not undertaken by CONSULTANT.
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.
11. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Worker’s Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN 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 OC SAN 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 limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. 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
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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 OC SAN 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. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification,
contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
C. Umbrella Excess Liability
The 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 limits for general liability and automotive liability. D. Automotive/Vehicle liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following limit of liability coverage: Combined single limit of Five Hundred Thousand Dollars ($500,000). A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement. E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form acceptable by OC SAN. F. Cyber Liability Insurance Cyber liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form acceptable to OC SAN.
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G. 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 limit of One Million
Dollars ($1,000,000) per occurrence. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. H. 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 Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this AGREEMENT, and for a
period of five (5) years from the date of the completion of the services hereunder. In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this AGREEMENT. Said coverage shall be evidenced by either a new policy
evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this AGREEMENT or until completion of the services provided for in this AGREEMENT, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this AGREEMENT.
CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates prior to
the expiration of each policy term. I. Proof of Coverage
The CONSULTANT shall furnish OC SAN 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 OC SAN before work commences. The following are approved forms that must be submitted as proof of coverage:
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• Certificate of Insurance ACORD Form 25 or other equivalent Certificate of Insurance form.
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 2010 and CG 2037
All other Additional Insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Auto Liability)
Submit endorsement provided by carrier for
OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC SAN of any pending or actual insurance policy
cancellation, as described in Article I. Cancellation and Policy Change Notice, below. J. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation, within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division K. Primary Insurance The General and Automobile Liability policies shall contain a Primary and Non Contributory Clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. L. Separation of Insured
The General and Automobile Liability policies shall contain a “Separation of Insureds” clause.
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M. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting or expanding in any way, nor shall it limit or expand 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. N. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the Certificate of Insurance. O. Defense Costs The General and Automobile 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. P. 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.
12. CHANGES
In the event of a change in the Scope of Work or a change in Key Personnel, or change in hourly rates, as requested by either Party, the Parties hereto shall execute an Amendment to this AGREEMENT setting forth with particularity all terms of the new AGREEMENT. CONSULTANT’s compensation for additional services authorized and performed in accordance with this AGREEMENT shall be agreed to by OC SAN and CONSULTANT in writing prior to the time that the additional services are authorized. An Amendment shall be executed to document the change.
CONSULTANT hereby agrees to use any and all procedures, programs, and systems required by OC SAN to process and execute such Amendment(s), including, but not limited to, computer programs and systems.
13. PROJECT TEAM AND SUBCONSULTANTS
Neither this AGREEMENT nor any interest herein nor claim hereunder may be assigned by CONSULTANT either voluntarily or by operation of law, nor may all or any part of the AGREEMENT be subcontracted by CONSULTANT, without the prior written consent of
OC SAN. Consent by OC SAN shall not be deemed to relieve CONSULTANT of its obligation to comply fully with all terms and conditions of this AGREEMENT.
CONSULTANT shall provide to OC SAN, 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
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CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT’s 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 team
members without prior written approval by OC SAN.
14. AUDIT PROVISIONS
A. OC SAN retains the reasonable right to access, review, examine, and audit books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements solely to records related to this AGREEMENT. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants. B. OC SAN retains the right to examine CONSULTANT’s books, records,
documents and any other evidence of procedures and practices that OC SAN 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 solely to records related to 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 OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all Project related accounting records and documents.
15. 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 OC SAN. 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.
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To the fullest extent permitted by law, CONSULTANT shall defend and indemnify OC SAN from and against any and all claims by CONSULTANT, its principals, officers,
agents, employees, former employees, suppliers, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them for benefits provided to employees of OC SAN, including, but not limited to: worker’s compensation,
unemployment compensation, participation in the Orange County Employees Retirement System, paid time off, medical insurance, dental insurance, vision insurance, life/accidental death and dismemberment insurance, disability insurance, etc. In addition, CONSULTANT shall be required to indemnify the Indemnified Parties for any costs related to such claims.
16. 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: Diane Marzano, Senior Contracts Administrator
Copy: Frank Steiger, Engineering Supervisor CONSULTANT:
MAVERICK TECHNOLOGIES, LLC 10805 Holder Street, Ste 300
Cypress, CA 90630 Attention: Vidal Arista, Business Development Manager All communication regarding the Scope of Work, will be addressed to the Engineering Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s
Project Manager prior to action from the CONSULTANT.
17. DELAYS
In the event that performance of the services and/or delivery of the deliverables is
delayed by circumstances beyond the reasonable control of CONSULTANT (including without limitation changes to the scope of work, delays by OC SAN in providing information, fire, natural disasters, civil disturbances, acts of governmental authorities, labor disputes, unavailability of materials or shipping delays or pandemic), CONSULTANT will promptly notify OC SAN of such circumstances in writing and CONSULTANT will be granted an equitable extension of the time to meet its obligations under the AGREEMENT.
18. TERMINATION
OC SAN 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.
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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 OC SAN at the address listed in Section 16 - NOTICES.
19. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this Project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN 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 OC SAN.
20. COMPLIANCE
A. Labor CONSULTANT certifies by the execution of this AGREEMENT that it pays
employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
21. AGREEMENT EXECUTION AUTHORIZATION
Both OC SAN 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.
22. 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.
23. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.
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24. INDEMNIFICATION AND HOLD HARMLESS PROVISION
CONSULTANT shall assume all responsibility for damages to property and/or injuries to
persons, including accidental death, which may arise out of or be caused by CONSULTANT's services under this Agreement, or by its subconsultant(s) or by anyone directly or indirectly employed by CONSULTANT, and whether such damage or injury
shall accrue or be discovered before or after the termination of the AGREEMENT. Except as to the sole active negligence of or willful misconduct of OC SAN, CONSULTANT shall indemnify, protect, defend and hold harmless OC SAN, 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 CONSULTANT's performance under the AGREEMENT, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the AGREEMENT, and/or (c) on account of any goods and services provided under this AGREEMENT. This indemnification provision
shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of CONSULTANT or anyone employed by or working under CONSULTANT. To the maximum extent permitted by law,
CONSULTANT's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the 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. CONSULTANT agrees to provide this defense immediately upon written notice from OC SAN, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC SAN. This section shall survive the expiration or early termination of the AGREEMENT.
25. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY BUSINESS INTERRUPTION
OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL, OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND. EACH PARTY’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL OTHER CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT
INSURED, WILL NOT EXCEED THE LESSER OF $2,000,000 OR THE COST OF THE WORK. CONSULTANT DISCLAIMS ALL LIABILITY RELATIVE TO GRATUITOUS INFORMATION OR ASSISTANCE PROVIDED BY BUT NOT REQUIRED OF
CONSULTANT BY THE STATEMENT OF WORK. ANY ACTION BY EITHER PARTY MUST BE BROUGHT WITHIN THE APPLICABLE STATUTE OF LIMITATIONS. THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF ANY OTHER CONTRARY PROVISION AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLUSION OF DAMAGES IS SEVERABLE AND INDEPENDENT
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OF ANY OTHER PROVISION. THIS PROVISION EXTENDS TO THE BENEFIT OF CONSULTANT’S PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, APPOINTED
DISTRIBUTORS, AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES.
26. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
27. CLOSEOUT
When OC SAN determines that all Work authorized under the AGREEMENT is fully complete and that OC SAN requires no further work from CONSULTANT, or the AGREEMENT is otherwise terminated or expires in accordance with the terms of the AGREEMENT, OC SAN 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, OC SAN 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 OC SAN.
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 OC SAN (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 OC SAN 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 OC SAN for any purpose nor imply acceptance of, or AGREEMENT with, the CONSULTANT’s request for final AGREEMENT Acceptance.
28. PROHIBITION
During the term of this AGREEMENT, CONSULTANT and its Subconsultants may not propose on any construction work advertised by or on behalf of OC SAN, if such work
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presents actual or perceived conflict of interest with CONSULTANT’s assignments with OC SAN.
CONSULTANT and its Subconsultants shall promptly disclose to OC SAN when such conflict exists prior to participating in any work as advertised by OC SAN or on its behalf.
CONSULTANT and its Subconsultants acknowledge and agree that OC SAN’s
determination regarding such conflicts, that may impact CONSULTANT’s and its Subconsultants’ ability to propose on the work as described herein, shall be final and cannot be appealed.
29. WARRANTY
(a) Warranty for the Work: CONSULTANT warrants to OC SAN for the lesser period of 18 months from delivery or 12 months from startup, that the Work will perform as stated in the Statement of Work and the Products will be free of defects in material, fabrication, and workmanship provided that: (1) the operating conditions and use of the Work are in accordance with any standards set forth in the Statement of Work, CONSULTANT's published specifications, and applicable recommendations of CONSULTANT; and (2) the installation, adjustment, tuning, and start-up of the Work have been properly
performed in accordance with CONSULTANT’s published specifications and any applicable recommendations of CONSULTANT. Repaired or replacement Products provided pursuant to subparagraph (d) below are similarly warranted for the longer
period of six months from date of shipment or the remainder of the original warranty term.
(b) Products Warranty: CONSULTANT warrants to OC SAN for the period of 18 months
from shipment, that the Products will be free of defects in material, fabrication, and workmanship provided that: (1) the operating conditions and use of the Products are in accordance with any standards set forth in the Statement of Work, CONSULTANT's published specifications, and applicable recommendations of CONSULTANT; and (2) the installation, adjustment, tuning, and start-up of the Products have been properly performed in accordance with CONSULTANT’s published specifications and any applicable recommendations of CONSULTANT. Repaired or replacement Products provided pursuant to subparagraph (d) below are similarly warranted for the longer period of six months from date of shipment or the remainder of the original warranty term.
(c) Services Warranty: CONSULTANT warrants to OC SAN for the period of 30 days
from the date services are provided that services shall be performed in a workmanlike manner conforming to standard industry practice.
(d) Remedies: Remedies under this warranty will be limited to, at CONSULTANT’s
discretion, replacement, repair, re-performance, modification, or issuance of a credit for the purchase price of the Products involved, but only after CONSULTANT’s receipt of OC SAN’s written notification of non-conforming Products or Work and the return of such
products pursuant to CONSULTANT’s instructions. Replacement Products, at CONSULTANT’s discretion, may be new, remanufactured, refurbished, or reconditioned. If the repair, re-performance, or replacement does not cure the defective performance, OC SAN may request emergency on-site service, which will be at CONSULTANT’s
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expense (consisting of time, travel, and expenses incurred by CONSULTANT related to such services). If the defective performance is not due to warranted defects in the Work
or Products, the on-site service will be at OC SAN’s expense. On-site warranty services performed at CONSULTANT expense shall not include removal or reinstallation costs related to large-scale assemblies such as motors or transformers. The foregoing will be
the exclusive remedies for any breach of warranty or breach of contract arising from warranted defects.
(e) General: Warranty satisfaction is available only if (a) CONSULTANT is provided prompt written notice of the warranty claim, and (b) CONSULTANT’s examination discloses that any alleged defect has not been caused by misuse, neglect, improper installation, operation, maintenance, repair, alteration, or modification by other than CONSULTANT, accident, or unusual deterioration or degradation of the Products or Work or parts thereof due to physical environment or electrical or electromagnetic noise environment.
(f) THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESSED; IMPLIED OR STATUTORY, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE.
30. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire understanding and AGREEMENT between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of OC SAN, by its officers thereunto duly authorized, and CONSULTANT as of the day and year first above
written.
CONSULTANT: MAVERICK TECHNOLOGIES, LLC
By __________________________________________________ Date
__________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ John B. Withers Date
Board Chairman By __________________________________________________
Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Ruth Zintzun Date Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work
Attachment “A1” – Rules of Engagement Attachment “B” – Not Used Attachment “C” – Not Attached
Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used
Attachment “G” – Not Used Attachment “H” – Not Attached Attachment “I” – Not Attached Attachment “J” – Not Used Attachment “K” – Contractor Safety Standards
ATTACHMENT “A”
SCOPE OF WORK
SCOPE OF WORK PSA2021-001 1
ATTACHMENT A
SCOPE OF WORK
I. SUMMARY
The Orange County Sanitation District (OC SAN) is a special district responsible for wastewater
conveyance and treatment for metropolitan Orange County, California. It has been in existence
since 1954 and is the third largest wastewater treatment agency west of the Mississippi River.
OC SAN is soliciting Proposals to provide Programming Professional Services (PPS) to support
its engineering projects, which includes large and small capital projects and operationally
funded repair projects. OC SAN’s facilities consists of Water Reclamation Plant No. 1,
Treatment Plant No. 2 and 15 pump stations.
II. BACKGROUND
OC SAN has budgeted for a 10-year $3.0 billion capital improvement program, the vast majority
of which is managed by the Engineering Department. OC SAN also has an active asset
management program which includes many repair projects that, due to their complexity, are
managed by its Engineering Department.
OC SAN’s Process Control Integration Group (PCI) performs all programming of programmable
logic controllers (PLCs) and human machine interface (HMI) for all plant and pump station
projects along with the associated commissioning. OC SAN utilizes Modicon Quantum PLC
hardware and has recently migrated to Modicon M580 due to obsolescence. The HMI utilizes
Copland Roland Interpreted Sequential Processor (CRISP), which is a VAX based system. OC
SAN recently finalized the procurement of a new control system for the plants and pump
stations and selected an ABB distributed control system (DCS). Starting in late 2021, Project
No. J-120 Process Control Systems Upgrades will replace the existing HMI for the plants and
pump stations. The existing PLCs will be replaced under future Capital Improvement Program
(CIP) projects as part of a replacement or rehabilitation project. Over the next 5 years, there is a
significant increase in the PCI workload due to construction projects and J-120, requiring the
need for programming professional services.
III. PROFESSIONAL SERVICES REQUIRED
Following award of an agreement, OC SAN will determine when specific services are required.
The mechanisms for requesting, reviewing, authorizing, and terminating services under this
agreement are documented in Attachment “A1” – Rules of Engagement. As described in that
attachment, work assignments will fall into one of the following types:
• Task Authorizations. Task Authorizations have formal scopes of work and firm upper
limits.
• Task Directives. Task Directives are typically smaller than Task Authorizations, but do
not have a firm upper limit.
SCOPE OF WORK PSA2021-001 2
The selected firm will assist PCI by providing highly skilled and experienced resources to
program, test, and commission PLCs and HMI graphics; support, maintain and upgrade the
SCADA system historian, HMI clients, servers and databases; design, program and
configure control system networks and fiber optics; perform security configurations and
patches on control system equipment; and review process and instrument diagrams
(P&IDs), control strategies, motor control schematics, panel drawings, and PLC
communication networks. The selected firm shall provide qualified resources to execute the
work through Task Authorizations and Task Directives. The provided resources shall include
the appropriate experience balance that provides a high-quality, cost-effective project
execution. Task Authorizations will be developed for a specific scope of work such as the
programming of a PLC or the development of HMI screens for a specific process area. Task
Authorization duties include but are not limited to: Programming and documenting Modicon
Quantum and M580 PLCs and CRISP or new HMI system screens using OC SAN
programming standards, reviewing PLC and remote input/output (I/O) panel shop drawings,
reviewing and updating I/O lists (also known as SCADA Administrative Tool (SAT)),
coordinating the programming with PCI staff, coordinating with OC SAN commissioning
coordinator, bench testing programs, and commissioning programs during Operational
Readiness Test (ORT), Functional Acceptance Testing (FAT), and Reliability Acceptance
Testing (RAT). See Section 17410 Programming Using OC SAN Standards and associated
attachments for OC SAN’s programming requirements.
The selected firm’s staff shall have a thorough working knowledge and understanding of
programmable logic controllers (using ladder logic and function block) and configuration of
HMI systems and graphics. Staff shall be able to interpret engineering drawings and
documents such as P&IDs, control strategies, motor control schematics, panel drawings,
and PLC communication networks. All staff shall be trained on OC SAN standards prior to
working on Task Authorizations and Task Directives and shall be located within daily driving
distance from Plant No. 1 in Fountain Valley, CA.
Estimated Full-Time Staff Required
The following staff levels are estimated based on projected programming and
commissioning workloads. The actual number of staff will be based on the required hours for
the selected firm to complete the assigned programming and commissioning scope of work.
Staff Needed by Contract Year
Function Year 1 Year 2 Year 3 Year 4 Year 5
Fiscal Year FY21-22 FY22-23 FY23-24 FY24-25 FY25-26
PLC/SCADA Programmer 6.0 6.0 6.0 6.0 5.0
IV. TASK ASSIGNMENTS
OC SAN will authorize specific tasks to be completed by CONSULTANT. These tasks will vary
widely in size, cost, and complexity. Tasks will be authorized as either a Task Authorization or a
Task Directive, as described in Attachment “A1” – Rules of Engagement.
SCOPE OF WORK PSA2021-001 3
Task Authorizations have a formal scope of work and a fixed upper limit. Task Directives also
have an explicit scope of work, but the level of detail may be lower. Task Directives need a
budgetary estimate, but not a firm upper limit.
V. PERSONNEL ASSIGNMENTS
OC SAN will require CONSULTANT to provide staff to fill specific roles on specific projects, and,
in some cases, for its Engineering Program, as described in Attachment “A1” – Rules of
Engagement.
Personnel Authorizations
Personnel Authorizations authorize a particular individual to work on Task Directives
VI. LOGISTICS AND CONTRACT MANAGEMENT
Work Location
CONSULTANT’s on-site staff shall be located at OC SAN’s facilities in Fountain Valley or
Huntington Beach, California. At times, work may be required at other OC SAN facilities or at
job site locations away from OC SAN facilities. At the CONSULTANT’s discretion and
concurrence with the OC SAN representative, the assigned CONSULTANT staff may be located
at CONSULTANT’s home office when performing programming. All bench testing and
commissioning shall be performed at OC SAN’s facilities. Advanced coordination with OC SAN
may be required for CONSULTANT staff working at OC SAN facilities on OC SAN holidays.
Point of Contact/Supervision
CONSULTANT shall designate an individual as the single point of contact to direct efforts in
fulfilling contracted obligations under this Agreement. The selected designee shall be
responsible for the direct supervision of assigned staff, including such activities as work
schedules, quality of work performed, technical oversight, vacation requests, discipline, etc. The
selected designee shall not be changed without prior written notification to the OC SAN
representative.
CONSULTANT is responsible for supervision of its entire staff, including the requirements
defined in Attachment “A1” – Rules of Engagement:
OC SAN Project Procedures
CONSULTANT’s staff assigned to work on OC San projects shall save project related
deliverables, documents and/or records in OC San accessible locations i.e., OC San SharePoint
servers and/or OC San licensed cloud-based applications such as Bluebeam, PMWeb or One
Drive, as applicable to the project assignment, to comply with Public Records Act
requirements. Accessibility to these locations shall be provided by OC San.
SCOPE OF WORK PSA2021-001 4
Provided Facilities & Equipment
OC SAN will provide the following for CONSULTANT’s on-site staff:
• Furnished office space at OC SAN
• Computers, software, network, and printing capabilities
• Office telephone
Personal Protective Equipment
CONSULTANT staff assigned to OC SAN facilities may be exposed to known plant process and
work hazards and therefore will be required to have appropriate Personal Protective Equipment
(PPE) such as: eye and face protection (safety glasses), head protection (hard hat), hand
protection (gloves), foot protection (safety toed shoes), high visibility clothing (Class 3 vests),
hearing protection, personal gas monitor (4 gas), and other forms of PPE. CONSULTANT shall
provide all equipment and training necessary to comply with OC SAN safety polices. Refer to
Contractor Safety Standards – Attachment “K”.
Time Tracking & Invoicing
CONSULTANT shall submit invoices, including cost and hours, monthly. Invoice shall be
submitted no later than the 15th of each month. OC SAN maintains a project controls system
containing detailed cost and hours information for all Engineering Projects. The format for
reporting hours shall be in an importable format, such as Microsoft Excel, and contain, at a
minimum, the following items:
Column Description
Project Number OC SAN will provide a list of project numbers. These numbers are subject to change as new projects are added and existing projects are
completed.
Work Package Number OC SAN will provide a list of work package numbers. The work package numbers are subject to change as a project transitions from one phase to the next.
Employee ID Each employee included in the hours report must contain a unique identification number.
Employee Name Employee name.
Work Date The week ending date when work was performed.
Hours by Week The total number of hours worked for the week. In addition, it may be necessary to report overtime hours which will require a separate report.
Total Burdened Cost The total burdened cost shall include actual salary, fringe costs, overhead, and profit by person.
SCOPE OF WORK PSA2021-001 5
Performance Requirements
Assigned staff must perform their duties to OC SAN’s satisfaction. OC SAN reserves the right to
reject any proposed staff or replace any assigned staff at any time. The Point of Contact shall
replace staff upon OC SAN’s request.
Work Quality
CONSULTANT shall be responsible for the professional quality and technical competence of
assigned staff supplied to OC SAN. Additionally, the firm shall be responsible for the
coordination of all efforts and other services furnished under the agreement.
Management of Resource Assignments
OC SAN will maintain a cloud-based workflow tool to request, review, authorize, and close
resource assignments. That workflow tool is currently PMWeb. CONSULTANT’s Point of
Contact will be required to utilize this tool to track all requests through their life cycles. OC SAN
will use this workflow tool to verify that any invoiced costs have been duly approved through the
workflow tool. Section 01701 Resource Assignment Management System for requirements.
Attachments
• Section 01701 Resource Assignment Management System
• Section 17410 Programming Using OC SAN Standards
• Section 17410 Attachment A – SAT Data Dictionary
• Section 17410 Attachment B – Sample Technical Memorandum
• Section 17410 Attachment C – Sample Test Sheet
• Section 17410 Attachment D – Sample Program Flowchart
• Section 17410 Attachment E – Section 01810 Commissioning
ATTACHMENT “A1”
RULES OF ENGAGEMENT
RULES OF ENGAGEMENT PSA2021-001
1
ATTACHMENT A1
RULES OF ENGAGEMENT
This document describes options for OC San to utilize a Programming Professional Services
(PPS) agreement to maintain the Engineering Project program while complying with
Independent Contractor expectations.
There are two mechanisms by which professional services can be supplied through the PPS
agreement:
Task Authorizations
Task Directives
Task Directives assignments require that anyone working under the mechanism also have an
approved Personnel Authorization.
These Terms of Engagement are intended to document how services are to be requested,
authorized, and managed.
Task Authorizations
Task Authorizations have a formal scope of work, and a fixed upper limit. Distinguishing
aspects of Task Authorizations include the following:
Requests for Task Authorization Proposals (RFTAPs) require a scope of work prepared
by OC San staff.
RFTAPs and Task Authorizations must be approved by the Director of Engineering
(DOE).
The scope of work should have the same level of detail as used for a Design Task Order
or Planning Study Task Order, including schedule requirements, task, deliverables, and
assumptions.
Task Authorization must specify a firm negotiated upper limit which may not be
exceeded. If changes require a revision to that upper limit, it must be processed as a
formal Task Authorization Amendment prior to the work being authorized and performed.
The PPS Consultant shall report costs incurred for the Task Authorization in their
monthly invoices, with the total costs incurred to date, and the unused budget remaining.
The PPS Consultant may use any of their staff, whether they have an approved
Personnel Authorization or not.
The time that PPS Consultant staff charge to Task Authorizations does not count against
their approved number of hours for Personnel Authorizations.
Task Directive
Task Directives also have an explicit scope of work, but the level of detail may be lower. Task
Directives need a negotiated budgetary estimate, but it is not a firm upper limit.
The scope of work for Task Directives may be less detailed than what is required for a
Task Authorization.
A schedule to complete the work should generally be specified but is not always
required.
Costs are tracked separately on invoices.
RULES OF ENGAGEMENT PSA2021-001
2
Personnel Authorizations are required for any staff working on a Task Directive.
Personnel Authorizations
Personnel authorizations (PA’s) provide the DOE’s approval for a particular individual to work on
Task Directives. They also designate the following:
The Project Role
Their location as either Home Office or Site. This impacts the overhead rate to be used
for billing.
The number of hours per week, or just a set number of hours as needed.
The total bill rate, including actual salary, overhead, and profit.
Any reimbursable expenses. This is typically used when travel is required or when a
staff member needs a vehicle assigned to them due to the nature of their assignments.
The following apply to Personnel Authorization:
They require approval by the DOE.
They are specific to one person.
They need not be project specific.
For on-site PA’s, the PA authorizes key cards.
Staff Supervision
The PPS Consultant is responsible for supervision of its entire staff, including the following:
Administrative Supervision (PPS Consultant staff only)
o Performance Reviews o Timecard Approvals
o Work Hours
Supervision of Assigned Scope Deliverables
o Work Prioritization o Technical input, guidance, and direction
Quality Control for
o Task Authorizations o Task Directives, when Quality Control is specified in the scope of work
OC San will not be responsible for supervision of PPS Consultant staff. OC San will however
provide direction as an Owner. Examples include the following:
Project decisions and priorities
Design standards
OC San’s preferences
Financial considerations
Risk considerations
Review for compliance with OC San Policies and Procedures
Coordination with other OC San projects and activities
3/29/2022
1
Programming Professional Services
Contract No. PSA2021‐001
Presented by:
Mike Dorman
Engineering
Manager
Operations
Committee
April 6, 2022
14.8
15.8 15.9
14.1
12.1 11.8
11.0
12.4 13.0
10.6
0.0
2.0
4.0
6.0
8.0
10.0
12.0
14.0
16.0
18.0
22‐23 23‐24 24‐25 25‐26 26‐27 27‐28 28‐29 29‐30 30‐31 31‐32
Estimated Full Time Equivalents
2
Programming Workload
Process
Controls
Integration
(PCI) Group
Staff Level
PSA2021‐001 Contract
Project J‐120 ‐Process
Control System Upgrades
Fiscal Year
1
2
3/29/2022
2
•Task Assignments
•Programming and bench testing
•Commissioning
•Control system support
Consultants may not pursue other OC San work
during the term of the agreement
Programming Services
3
•Consultants propose teams for task requests
•Staff chooses firm with most appropriate staff
•Intent is to distribute work evenly
•Each contract limit is based on 60% of forecasted
work
Rules of engagement ensures consultant staff work
as independent contractors
Resource Requests
4
3
4
3/29/2022
3
5
Proposal
Score
Score after
Interview
Enterprise Automation 84 89
Maverick Technologies 70 73
South Coast Controls 51 ‐
Techne Network Inc. 21 ‐
Selection Process
Key Attributes –Enterprise Automation and Maverick Technologies
•Strong experience and knowledge
•Project execution process
•Local resources
6
Recommend to the Board of Directors to:
Approve Professional Services Agreements to provide
Professional Programming Services, Contract No.
PSA2021‐001, for a three‐year period commencing
May 1, 2022, through April 30, 2025, with two one‐year
renewal options, for an amount not to exceed
$4,900,000 per individual agreement with the
following two firms:
•Enterprise Automation
•Maverick Technologies
Recommendation
5
6
l
3/29/2022
4
Questions
?
7
7
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2268 Agenda Date:4/27/2022 Agenda Item No:12.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
FINANCIAL INFORMATION SYSTEM PURCHASE ORDER RENEWAL
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a five-year Sole Source Purchase Order with Oracle America, Inc. for an annual
amount of $95,828, with a total not to exceed $479,140, commencing July 1, 2022, through
June 30, 2027; and
B. Approve a contingency in the amount of $47,914 (10%).
BACKGROUND
Orange County Sanitation District (OC San) has been using JD Edwards Financial Information
System (Accounts Payable, Accounts Receivable, Fixed Assets, General Accounting, Human
Resources, Job Cost, Payroll, Procurement) since 1997. OC San upgraded its JD Edwards system
to the latest version in 2016 and intends to continue using the system for the long term. This request
ensures that we can continue to operate the Financial Information System (FIS) while the underlying
computer operating and database systems change over time. Oracle America, Inc. (Oracle) owns
and supports JD Edwards and allows customers who commit to longer terms to keep the annual
costs level for up to five years.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Produce appropriate financial reporting - annual financial report & audit letter and Ops & CIP
budgets every two years, with annual update
·Sound engineering and accounting practices, complying with local, state, and federal laws
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2268 Agenda Date:4/27/2022 Agenda Item No:12.
PROBLEM
The current Purchase Order for OC San’s FIS expires on June 30,2022.This Purchase Order
provides support,updates,and tax and regulatory compliance for OC San’s FIS.If OC San does not
enter into a 5-year commitment, it will accrue a 3% annual increase for the same services.
PROPOSED SOLUTION
Commit to a five-year term to maintain a fixed support cost of $95,828 per year,equivalent to a total
of $479,140 for five years,versus a 3%price increase per year,equivalent to a five-year total
estimated at $508,764. Below is the comparison of payment and schedule of savings:
Year With 5-Year
Commitment
Without 5-Year
Commitment
Savings
2022/2023 $95,828 $95,828 $ 0
2023/2024 $95,828 $98,703 $2,875
2024/2025 $95,828 $101,664 $5,836
2025/2026 $95,828 $104,714 $8,886
2026/2027 $95,828 $107,855 $12,027
Total $479,140 $508,764 $29,624
TIMING CONCERNS
The current Purchase Order term will expire on June 30,2022;renewal must be completed prior to
June 30,2022.OC San requires support for the FIS,as well as tax and regulatory compliance since
OC San’s payroll is maintained within the system.The next version of the system is expected to be
released in September 2022. The Purchase Order will also entitle OC San to this new version.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will pay a 3% yearly increase in support costs for each one-year term for the next five years.
PRIOR COMMITTEE/BOARD ACTIONS
April 2017 -Approved a five-year Purchase Order Contract with Oracle for an annual amount of
$92,143,for a total not to exceed amount of $460,715,commencing July 1,2017 -June 30,2022
and approved a contingency of $46,072 (10%).
ADDITIONAL INFORMATION
Oracle is listed as a sole source on the Board-approved Original Equipment Manufacturer (OEM)list.
Oracle is the only vendor that can provide upgrades to the system since it is their proprietary system.
OC San has been operating this FIS since 1997.These upgrades are important since they ensure
legal and regulatory compliance and compatibility with the underlying operating and database
systems.
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File #:2022-2268 Agenda Date:4/27/2022 Agenda Item No:12.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2269 Agenda Date:4/27/2022 Agenda Item No:13.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
SEWER SERVICE RATE STUDY
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Professional Consultant Services Agreement to HDR Engineering, Inc. to provide a
Comprehensive Cost of Service Rate Study Specification No. CS-2021-1287BD, for a total
amount not to exceed $234,950; and
B. Approve a contingency of $23,495 (10%).
BACKGROUND
Since 2002, the Orange County Sanitation District (OC San) has a completed a rate study every five
years to determine customers’ fair and equitable share of collection, treatment, and disposal costs,
develop an accurate rate model, and establish a new five-year rate schedule which ensures full cost
recovery and provides support to the Proposition 218 notifications.
For the 2022 rate study, staff has requested a comprehensive rate study on all fees and charges
including annexation fees and urban runoff fees.
This comprehensive rate study allocates costs to Flow, Biochemical Oxygen Demand (BOD), and
Total Suspended Solids (TSS) for the purpose of billing different customer classes, including high
flow and high strength dischargers.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Stable rates, no large unforeseen rate increases
PROBLEM
OC San’s current five-year rate schedule will end as of June 30, 2023.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2269 Agenda Date:4/27/2022 Agenda Item No:13.
PROPOSED SOLUTION
Approve the Professional Consultant Services agreement with HDR Engineering,Inc to complete a
comprehensive rate study to establish the next five-year rate schedule.
TIMING CONCERNS
In order to meet the legal requirements of Proposition 218 so that the new Ordinances are adopted
and the rate schedule is effective July 1,2023,the rate study should begin no later than the
beginning of May 2022.
RAMIFICATIONS OF NOT TAKING ACTION
The rate study would be delayed which could potentially affect the implementation of the new rate
schedule and hinder OC San’s cost recovery.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The goals of the comprehensive cost of service rate study are as follows:
·Study must develop a cost allocation assigning operations and maintenance as well as capital
expenditures to Flow,Biochemical Oxygen Demand (BOD),and Total Suspended Solids
(TSS).This functional allocation will be used as the basis for assigning treatment costs to the
different customer classes including wholesale users;
·Study must include a review of the revenue requirements,including long term maintenance
and replacement costs,for the next 5 years to be used for rate setting for both Regional Sewer
Service as well as Flow,Biochemical Oxygen Demand (BOD),and Total Suspended Solids
(TSS) for Industrial Waste Dischargers;
·Study must develop a wastewater cost of service and rate model for OC San covering a five-
year period (Fiscal Years 2023/24 through 2027/28)for both on-going operations and planned
capital improvements;
·Study must recommend a methodology and rate schedule for Capital Facility Capacity
Charges as well as Supplemental Capital Facility Capacity Charges;
·Study must develop a five-year sewer service fee program that produces revenues adequate
to meet the financial needs of OC San as well as the operational and capital needs while
recognizing customer cost of service and local and state legal and policy considerations (Prop
218 & 26);
·Study must evaluate the current rebate methodology for Regional sewer service fees and
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File #:2022-2269 Agenda Date:4/27/2022 Agenda Item No:13.
·Study must evaluate the current rebate methodology for Regional sewer service fees and
recommend adjustments, if needed;
·Study must review and update other miscellaneous fees including annexation fees;
·Study must include a review and determination of comparable charges for dry weather urban
runoff flows;
·Study must include a survey of the rates and fees charged by other comparable municipality
wastewater utilities; and
·Study must provide an easy-to-use electronic model in Microsoft Excel to be used by OC San
for future rate setting.
Consultant Selection
OC San requested and advertised for proposals for the Comprehensive Cost of Service Rate Study
on December 1,2021.The following evaluation criteria were described in the Request for Proposals
(RFP) and used to determine the most qualified Consultant.
CRITERION WEIGHT
Qualifications & Experience of Firm 30%
Proposed Staffing & Project Organization 20%
Work Plan 30%
Cost 20%
Five proposals were received on January 12,2022 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
the following OC San staff:Accounting Supervisor (Project Manager),Controller,Engineering
Manager,and Senior Staff Analyst.The Evaluation Team also included one non-voting
representative from the Purchasing Division.
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File #:2022-2269 Agenda Date:4/27/2022 Agenda Item No:13.
The Evaluation Team scored the proposals on the established criterion as summarized below:
Rank Proposer Proposed
Staffing and
Project
Organization
(Max 20%)
Qualifications
of Firm (Max
30%)
Work
Plan
(Max
30%)
Subtotal
(Max 80%)
1 HDR Engineering, Inc.17%23%26%66%
2 Carollo Engineers 13%23%22%58%
3 Black & Veatch 15%22%20%57%
4 Stantec Consulting
Services, Inc.
11%20%19%50%
5 Raftelis Financial
Consultants, Inc.
11%19%16%46%
All proposals were accompanied by a sealed cost proposal.Only the cost proposals for the three
highest ranked firms were opened and negotiated.
Rank Proposer ORIGINAL COST BAFO (if applicable)
1 HDR Engineering, Inc.$234,950 $234,950
2 Carollo Engineers $160,247 $142,108
3 Black & Veatch $114,720 $145,530
Based on the scoring shown below,HDR Engineering,Inc.was selected as the most qualified
Consultant.
Rank Proposer Subtotal w/o
Presentation
(Max 80%)
Cost (Max
20%)
Total
Weighted
Score (Max
100%)
1 HDR Engineering,
Inc.
66%12%78%
2 Carollo Engineers 58%20%78%
3 Black & Veatch 57%20%77%
HDR Engineering,Inc.(HDR)demonstrated a clear understanding of the Scope of Work by
highlighting each task objective in detail,their approach to that task,and the expectations of OC San
staff.HDR also included the specific deliverables associated with each task.At the same time,HDR
identified key issues that may arise during the specific task and the key team participants.HDR
included a team with vast experience on similar studies including Proposition 218 legalities.A
specific and detailed quality control process for this project was also identified by HDR.
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File #:2022-2269 Agenda Date:4/27/2022 Agenda Item No:13.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted in the FY 2021-22 Budget - Financial Management Division.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Consultant Services Agreement
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Orange County Sanitation District 1 of 11 Specification No. CS-2021-1287BD Revision 031021
PROFESSIONAL CONSULTANT SERVICES AGREEMENT Comprehensive Cost of Service Rate Study Specification No. CS-2021-1287BD
THIS AGREEMENT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and HDR Engineering, Inc. with a principal place of business at 3230 El Camino Real, Site 200, Irvine, CA 92108 (hereinafter referred to as "Consultant") collectively referred to as the “Parties”. W I T N E S S E T H
WHEREAS, based on Consultant’s expertise and experience, OC San desires to temporarily engage Consultant to provide a comprehensive cost of service rate study, "Services”, as described in Exhibit “A”; and WHEREAS, Consultant submitted its Proposal, dated January 12, 2022; and WHEREAS, on April 27, 2022, the Board of Directors of OC San, by minute order, authorized
execution of this Agreement between OC San and Consultant; and WHEREAS, OC San has chosen Consultant to conduct Services in accordance with Ordinance
No. OC SAN-56; and NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the "Agreement") is made by OC San and the Consultant. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.2 Exhibits to this Agreement are incorporated by reference and made a part of this Agreement as though fully set forth at length herein. Exhibit “A” Scope of Work
Exhibit “B” Proposal and Fee Proposal dated February 17, 2022 Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards
Exhibit “E” Human Resources Policies 1.3 In the event of any conflict or inconsistency between the provisions of this Agreement and
any of the provisions of the exhibits hereto, the provisions of this Agreement shall in all respects govern and control. 1.4 This Agreement may not be modified, changed, or supplemented, nor may any obligations hereunder be waived or extensions of time for performance granted, except by written instrument signed by both Parties. 1.5 The various headings in this Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this Agreement or any section or provision hereof.
Orange County Sanitation District 2 of 11 Specification No. CS-2021-1287BD Revision 031021
1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise noted as workdays.
1.7 The term “workday”. Workdays are defined as all days that are not Saturday, Sunday, or OC San observed holidays. Meetings with OC San staff shall be scheduled from Tuesday
through Friday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24/7 and work a rotated 12-hour shift) and shall conform to OC San work schedules. 1.8 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.9 Work Hours: The work required under this Agreement may include normal business hours, evenings, and weekends. OC San will not pay for travel time.
1.10 Consultant shall provide OC San with all required premiums and/or overtime work at no charge beyond the total amount of the Agreement.
1.11 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Consultant as a result of work performed in anticipation of purchases of said services by OC San.
2. Scope of Work Subject to the terms of this Agreement, Consultant shall perform the Services identified in Exhibits “A” and “B”. All Services shall be performed in a competent,
professional, and satisfactory manner, with the care and skill ordinarily used by members of Consultant’s profession practicing under the same or similar circumstances at the same time in the same locality. 3. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OC San at any time. All modifications must be made in writing and signed by both Parties. A review of the time required for the modification will be made by OC San and Consultant and the Agreement period adjusted accordingly.
4. Compensation The compensation to be paid by OC San to Consultant for the Services provided under this Agreement shall be a total amount not to exceed Two Hundred Thirty-
four Thousand, Nine Hundred Fifty Dollars ($234,950.00).
5. Payment and Invoicing
5.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of itemized invoices submitted monthly for Services completed in accordance with Exhibits “A” and “B”. OC San may withhold payment for Services that fail
to satisfy the requirements of this Agreement until such time as Consultant modifies the Services to comply. 5.2 Invoices shall be emailed by Consultant to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and CS-2021-1287BD shall be referenced in the subject line.
6. Audit Rights Consultant agrees that, during the term of this Agreement and for a period of three (3) years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Consultant relating to the invoices submitted by Consultant pursuant to this Agreement.
Orange County Sanitation District 3 of 11 Specification No. CS-2021-1287BD Revision 031021
7. Commencement and Term The Services provided under this Agreement shall be completed within one (1) year from the effective date of the Notice to Proceed.
8. Extensions The term of this Agreement may be extended only by written instrument signed by both Parties.
9. Performance Time is of the essence in the performance of the provisions hereof.
10. Termination 10.1 OC San 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 OC San. Upon receipt of a termination notice, Consultant shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Consultant for work performed (cost and fee) to the date of termination. Consultant expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Agreement. Such notice of termination shall terminate this Agreement and release OC San from any further fee, cost or claim hereunder by Consultant other than for work performed to the date of termination.
10.2 OC San reserves the right to terminate this Agreement in the event that Consultant is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Agreement, but only after providing Consultant written notice of issue
and a period of ten (10) days to cure. 10.3 OC San may also immediately terminate for default of this Agreement in whole or in part by written notice to Consultant:
• if Consultant becomes insolvent or files a petition under the Bankruptcy Act; or
• if Consultant sells its business; or
• if Consultant breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement. However, OC San will not terminate for default without providing Consultant written notice of the default and a period of ten (10) days to cure. 10.4 All OC San property in the possession or control of Consultant shall be returned by
Consultant to OC San on demand, or at the termination of this Agreement, whichever occurs first.
11. Indemnification and Hold Harmless Provision Consultant shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by the negligence, recklessness, or willful misconduct of
Consultant or its subconsultant(s) or by anyone directly or indirectly employed by Consultant, and whether such damage or injury shall accrue or be discovered before or after the termination of the Agreement. Except as to the sole active negligence of or willful misconduct of OC San, Consultant shall indemnify, protect, defend and hold harmless OC San, 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 the negligence, recklessness, or willful misconduct of Consultant, and/or (b) on account of infringement of third party intellectual property rights by any copyrighted or uncopyrighted material, composition, or process, or
Orange County Sanitation District 4 of 11 Specification No. CS-2021-1287BD Revision 031021
any patented or unpatented invention, article or appliance, furnished or used under the Agreement, and/or (c) on account of any negligence, recklessness, or willful misconduct
during the provision of any goods and services provided under this Agreement. This indemnification provision shall apply to any negligence, recklessness, or willful misconduct, whether active or passive, on the part of Consultant or anyone employed by or working
under Consultant. To the maximum extent permitted by law, Consultant's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the 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. Consultant agrees to provide this defense immediately upon written notice from OC San, and with well qualified, adequately insured, and experienced legal counsel acceptable to OC San. This section shall survive the expiration or early termination of the Agreement.
12. Insurance Consultant and all subconsultants shall purchase and maintain, throughout the life of this Agreement and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form, Exhibit “C“. Consultant shall not commence work under this Agreement until all required insurance is obtained in a form acceptable to OC San, nor shall Consultant allow any subconsultant to
commence service pursuant to a subcontract until all insurance required of the subconsultant has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement.
13. Key Personnel The personnel, as provided in Exhibit “B”, are considered “key” to the work under this Agreement and will be available for the term of the Agreement. No person
designated as key under this Agreement shall be removed or replaced without prior written consent of OC San. If OC San asks Consultant to remove a person designated as key under this Agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of reason, for OC San's request. Consultant shall assign only competent personnel to perform Services pursuant to this Agreement.
14. Confidentiality and Non-Disclosure 14.1 Consultant acknowledges that in performing the Services hereunder, OC San may have to disclose to Consultant orally and in writing certain confidential information that OC San considers proprietary and has developed at great expense and effort.
14.2 Consultant agrees to maintain in confidence and not disclose to any person, firm, or corporation, without OC San's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of OC San.
14.3 Consultant further agrees to maintain in confidence and not to disclose to any person, firm, or corporation any data, information, technology, or material developed or obtained by
Consultant during the term of this Agreement. 14.4 Consultant agrees as follows:
• To use the confidential information only for the purposes described herein; to not reproduce the confidential information; to hold in confidence and protect the confidential information from dissemination to and use by anyone not a party to this Agreement; and to not use the confidential information to benefit itself or others.
Orange County Sanitation District 5 of 11 Specification No. CS-2021-1287BD Revision 031021
• To restrict access to the confidential information to its subconsultant or personnel of Consultant who (1) have a need to have such access and (2) have been advised of and have agreed in writing to treat such information in accordance with the terms of this Agreement.
• To return all confidential information in Consultant's possession upon termination of this Agreement or upon OC San's request, whichever occurs first.
• To hold in confidence information and materials, if any, developed pursuant to the Services hereunder. 14.5 The provisions of this section shall survive termination or expiration of this Agreement and shall continue for so long as the material remains confidential.
15. Ownership of Documents All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant,
its employees, subconsultants, and agents in the performance of this Agreement shall be the property of OC San and shall be promptly delivered to OC San upon request of OC San’s Project Manager or designee, or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a result of the exercise by OC San of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of
incomplete documents without specific written authorization by the Consultant will be at OC San's sole risk and without liability to Consultant. Consultant shall ensure that all its subconsultants shall provide for assignment to OC San of any documents or materials prepared by them.
16. Ownership of Intellectual Property 16.1 Consultant agrees that all designs, plans, reports, specifications, drawings, schematics, prototypes, models, inventions, and all other information and items made during the course
of this Agreement and arising from the Services (hereinafter referred to as "New Developments") shall be and are assigned to OC San as its sole and exclusive property.
16.2 Consultant agrees to promptly disclose to OC San all such New Developments. Upon OC San's request, Consultant agrees to assist OC San, at OC San's expense, to obtain patents or copyrights for such New Developments, including the disclosure of all pertinent information and data with respect thereto, the execution of all applications, specifications, assignments, and all other instruments and papers which OC San shall deem necessary to apply for and to assign or convey to OC San, its successors and assigns, the sole and exclusive right, title and interest in such New Developments. Consultant agrees to obtain or has obtained written assurances from its employees and contract personnel of their agreement to the terms hereof with regard to New Developments and confidential information.
16.3 Consultant warrants that Consultant has good title to any New Developments, and the right to assign New Developments to OC San free of any proprietary rights of any other party or any other encumbrance whatever.
16.4 The originals of all computations, drawings, designs, graphics, studies, reports, manuals, photographs, videotapes, data, computer files, and other documents prepared or caused to
be prepared by Consultant or its subconsultants in connection with these Services shall be delivered to and shall become the exclusive property of OC San. OC San may utilize these documents for OC San applications on other projects or extensions of this project, at its own risk.
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17. No Solicitation of Employees 17.1 Consultant agrees that it shall not, during the term of this Agreement and for a period of one
(1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom Consultant became aware of as a result of Consultant's Services to OC San.
17.2 Consultant acknowledges that OC San’s employees are critical to its business and OC San expends significant resources to hire, employ, and train employees. Should Consultant employ or otherwise engage OC San’s employees during the term of this Agreement and for a period of one (1) year following termination of this Agreement, Consultant will pay OC San fifty percent (50%) of the former employee’s most recent annual salary earned at OC San to accurately reflect the reasonable value of OC San’s time and costs. This payment is in addition to any other rights and remedies OC San may have at law. 17.3 OC San agrees that it shall not, during the term of this Agreement and for a period of one (1) year immediately following termination of this Agreement, or any extension hereof, call on, solicit, or take away any of the employees whom OC San became aware of as a result of Consultant's Services to OC San.
17.4 OC San acknowledges that Consultant’s employees are critical to its business and Consultant expends significant resources to hire, employ, and train employees. Should OC San employ or otherwise engage Consultant’s employees during the term of this Agreement
and for a period of one (1) year following termination of this Agreement, OC San will pay Consultant fifty percent (50%) of the former employee’s most recent annual salary earned from Consultant to accurately reflect the reasonable value of Consultant’s time and costs. This payment is in addition to any other rights and remedies Consultant may have at law. 18. Independent Contractor Capacity 18.1 The relationship of Consultant to OC San is that of an independent contractor and nothing herein shall be construed as creating an employment or agency relationship. 18.2 Consultant shall act independently and not as an officer or employee of OC San. OC San assumes no liability for Consultant’s action and performance, nor assumes responsibility for taxes, funds, payments or other commitments, implied or expressed, by or for Consultant. 18.3 Consultant shall not be considered an agent of OC San for any purpose whatsoever, nor
shall Consultant have the right to, and shall not, commit OC San to any agreement, contract or undertaking. Consultant shall not use OC San’s name in its promotional material or for any advertising or publicity purposes without expressed written consent.
18.4 Consultant shall not be entitled to any benefits accorded to those individuals listed on OC San’s payroll as regular employees including, without limitation, worker's compensation,
disability insurance, vacation, holiday or sick pay. Consultant shall be responsible for providing, at Consultant’s expense, disability, worker's compensation or other insurance as well as licenses and permits usual or necessary for conducting the Services hereunder. 18.5 Consultant shall be obligated to pay any and all applicable Federal, State and local payroll and other taxes incurred as a result of fees hereunder. Consultant hereby indemnifies OC San for any claims, losses, costs, fees, liabilities, damages or penalties suffered by OC San arising out of Consultant's breach of this provision.
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18.6 Consultant shall not be eligible to join or participate in any benefit plans offered to those individuals listed on OC San's payroll as regular employees. Consultant shall remain
ineligible for such benefits or participation in such benefit plans even if a court later decides that OC San misclassified Consultant for tax purposes.
19. Licenses, Permits Consultant represents and warrants to OC San that it has obtained all licenses, permits, qualification and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to work performed under the terms of this Agreement will be paid by Consultant.
20. Consultant's Representations In the performance of duties under this Agreement, Consultant shall adhere to the customary standards, ethical practices and standards of care and competence for their trade/profession. Consultant agrees to comply with all applicable Federal, State and local laws and regulations. 21. Familiarity with Work By executing this Agreement, Consultant warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the
work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Consultant’s risk, until
written instructions are received from OC San. 22. Right to Review Services, Facilities, and Records
22.1 OC San reserves the right to review any portion of the Services performed by Consultant under this Agreement, and Consultant agrees to cooperate to the fullest extent possible. 22.2 Consultant shall furnish to OC San such reports, statistical data, and other information pertaining to Consultant's Services as shall be reasonably required by OC San to carry out its rights and responsibilities under its agreements with its bondholders or noteholders and any other agreement relating to the development of the project(s) and in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bonds and other obligations. 22.3 The right of OC San to review or approve drawings, specifications, procedures, instructions,
reports, test results, calculations, schedules, or other data that are developed by Consultant shall not relieve Consultant of any obligation set forth herein.
23. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, epidemics, pandemics, quarantine restrictions, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts
to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Agreement.
24. Severability If any section, subsection, or provision of this Agreement, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Agreement or instrument in the application of
such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District 8 of 11 Specification No. CS-2021-1287BD Revision 031021
25. Waiver The waiver of either party of any breach or violation of, or default under, any provision of this Agreement, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Agreement or default thereunder. Any breach by Consultant to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach.
26. Remedies In addition to other remedies available in law or equity, if the Consultant fails to make delivery of the goods or Services or repudiates its obligations under this Agreement, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, and if consultant fails to correct the applicable goods or Services within ten (10) days following written notice from OC San, OC San may (1) terminate the Agreement; (2) recover whatever amount of the purchase price OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Consultant. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Consultant as damages the difference between the cost of the substitute goods or Services and the Agreement price.
27. Governing Law This Agreement shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event
any action is brought in connection with this Agreement or the performance thereof.
28. Environmental Compliance Consultant shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to the Consultant, its sub-consultants, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations.
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 it may be entitled.
30. Dispute Resolution 30.1 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. 30.2 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 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws 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.
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31. Damage to OC San's Property Any OC San property damaged by Consultant will be subject to repair or replacement by Consultant at no cost to OC San.
32. Contractor Safety Standards and Human Resources Policies OC San requires Consultant and its subconsultants to follow and ensure their employees follow all Federal,
State and local regulations as well as Contractor Safety Standards while working at OC San locations. If during the course of the Agreement it is discovered that Contractor Safety Standards do not comply with Federal, State or local regulations, then the Consultant is required to follow the most stringent regulatory requirement at no additional cost to OC San. Consultant and all of its employees and subconsultants, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 33. Freight (F.O.B. Destination) Consultant assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Agreement.
34. Assignments Consultant shall not delegate any duties nor assign any rights under this Agreement without the prior written consent of OC San. Any such attempted delegation or
assignment shall be void. 35. Conflict of Interest and Reporting
35.1 Consultant shall at all times avoid conflicts of interest or appearance of conflicts of interest in performance of this Agreement.
35.2 Consultant affirms that to the best of its knowledge there exists no actual or potential conflict between Consultant’s families, business or financial interest or its Services under this Agreement, and in the event of change in either its private interests or Services under this Agreement, it will raise with OC San any question regarding possible conflict of interest which may arise as a result of such change.
36. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Consultant.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Consultant, or any successor-in-interest, in the event of any default
or breach by OC San or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
38. 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.
39. Read and Understood By signing this Agreement, Consultant represents that it has read and understood the terms and conditions of the Agreement. 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.
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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. Any facsimile notice must be followed within three (3) days by written notice. Rejection or other refusal to accept or the
inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Cori Voss Senior Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Consultant: Anna Lantin, P.E. Vice President HDR Engineering, Inc. 3230 El Camino Real, Site 200
Irvine, CA 92108 Each party shall provide the other party written notice of any change in address as soon as
practicable. [Intentionally left blank. Signatures follow on the next page.]
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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: ___________________________________ John B. Withers Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun Purchasing & Contracts Manager
HDR ENGINEERING, INC. Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer CMM
EXHIBIT “A” Specification No. CS-2021-1287BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT A Specification No. CS-2021-1287BD
EXHIBIT A SCOPE OF WORK COMPREHENSIVE COST OF SERVICE RATE STUDY
SPECIFICATION NO. CS-2021-1287BD 1 INTRODUCTION The Orange County Sanitation District (OC San) is seeking a qualified Consultant
to conduct a comprehensive cost of service rate study for Regional Sewer
Service, Capital Facility Capacity Charges, and ancillary services provided to customers in our service area as well as wholesale customers outside of our service area.
2 BACKGROUND, PROJECT INFORMATION AND REQUIREMENTS
The OC San is responsible for safely collecting, treating, and disposing the wastewater generated by the 2.6 million people living in a 479-square-mile-area of central and northwest Orange County. OC San operates two wastewater
treatment/reclamation plants, 15 off-site pump stations and owns and maintains
388 miles of pipes throughout our service area. Approximately 182 million gallons of wastewater is treated daily.
On March 28, 2018, the OC San Board of Directors adopted a five-year rate study that recommended annual sewer rates to support OC San operations through June 30, 2023. Under this project, Consultant shall study and
recommend sewer rates for the next five-year period as well as rates for other
charges. OC San intends to comply with Proposition 218 Notification requirements; therefore, this rate analysis must be conducted and documented as to comply with all legal requirements.
3 Project Elements/Requirements
Consultant must prepare a comprehensive rate study update for OC San. The final product will consist of a report documenting the findings and making recommendations for OC San rates for the next five years.
The study shall include. but not be limited to the following:
• A cost allocation assigning operations and maintenance as well as capital expenditures to Flow, Biochemical Oxygen Demand (BOD) and Total
Suspended Solids (TSS). This functional allocation will be used as the basis
for assigning treatment costs to the different customer classes including wholesale users;
• A review of the revenue requirements, including long term maintenance and
replacement costs, for the next 5 years to be used for rate setting for both
EXHIBIT A Specification No. CS-2021-1287BD
Regional Sewer Service as well as Flow, Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) for Industrial Waste Dischargers;
• Develop a wastewater cost of service and rate model for OC San covering a
five-year period (Fiscal Years 2023/24 through 2027/28) for both on-going
operations and planned capital improvements;
• A recommended methodology and rate schedule for Capital Facility Capacity Charges as well as Supplemental Capital Facility Capacity Charges;
• Develop a five-year sewer service fee program that produces revenues
adequate to meet the financial needs of OC San as well as the operational and
capital needs, while recognizing customer cost of service, and local and state legal and policy considerations (Prop 218 & 26);
• An evaluation of the current rebate methodology for Regional sewer service
fees and recommend adjustments if needed;
• A review and update of other miscellaneous fees including annexation fees;
• A review and determination of comparable charges for dry weather urban runoff
flows;
• A survey of the rates and fees charged by other, comparable, municipality wastewater utilities;
• An easy-to-use electronic model in Microsoft Excel to be used by OC San for
future rate setting. 4 Study Requirements
The rate study requirements shall include but are not limited to:
• Using the current rate structure as the starting point for the recommendations
and proposals to be developed.
• The recommended rate structure shall be based on cost of service and shall be sufficient to meet the short-term and long-term revenue requirements of OC San.
• The recommended rate structure shall provide direct identification of revenues appropriate to fund operating activities and infrastructure.
• The recommended rate structure shall result in no decrease in stability of the
revenue stream as compared to current structures.
EXHIBIT A Specification No. CS-2021-1287BD
• The recommended rate structure shall consider the type and amount of reserves appropriate to the investment policy of OC San. .
• The rate study shall document the methodology used in the rate recommendations and the justification for the proposed rate structure 5 PROJECT SCHEDULE
The schedule for the completion of the study is anticipated to be five months from the Notice to Proceed effective date. The Consultant is encouraged to begin the study immediately after the Notice to Proceed. Tentative Project Schedule
• Board Authorization – March 2022
• Award Contract – March 2022
• Notice to Proceed – April 2022
• Draft Study Due- September 2022
• Final Study Due – October 2022
• Board Review & Discussion – November/ December 2022
• Board Adoption of Ordinances – February/March 2023 6 Additional Requirements/Meetings
Meetings with OC San staff and/or OC San Board of Directors at key points throughout the course of the project to review and discuss the overall project should be anticipated. This will include at a minimum:
A. Kick-Off Meeting
B. Interim Meeting where the rate structure models are run with various capital and operating budget scenarios.
C. Attendance at a minimum of two meetings/public hearings of the Administration Committee and/or Board of Directors meetings where the rate study and rate schedules will be considered. 7 Project Activities Task 1 – Project Management
Task 2 – Project Initiation Meeting and Data Collection
Task 3 – Capital Facilities Plan Assessment
Task 4 – Revenue Requirement Projections
Task 5 – Classification of Costs
Task 6 – Cost of Service Analyses
EXHIBIT A Specification No. CS-2021-1287BD
Task 7 – Review and Development of Rate Structure
Task 8 – Preliminary Draft Report and Meeting
8 Resources Available
OC San staff can assist with: A. Collection of pertinent secondary source information. B. Provision of any existing level of service standards, if available. C. Identification of future Capital Improvement Program projects.
D. Provision of financial, budgetary and customer documentation upon request. E. Review of draft reports prior to their reproduction and distribution. F. Coordination and scheduling of meetings between Consultant and OC San Staff. G. Provision of interim briefings to the OC San Board of Directors on the progress of the study.
H. Additional team involvement as mutually agreed upon.
I. Meetings with OC San staff shall be scheduled from Tuesday through Friday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who
maintain plant operations 24/7 and work a rotated 12-hour shift) and shall
conform to OC San work schedules.
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2270 Agenda Date:4/27/2022 Agenda Item No:14.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
REPLACE CAMPUS ACCESS NETWORK SWITCHES AND INDOOR WI-FI ACCESS POINTS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order to Saitech Inc. for the procurement of campus networking
equipment hardware and software to update and replace end-of-life equipment operating in
the Orange County Sanitation District communications and computing environment,
Specification No. E-2022-1305BD, for a total amount not to exceed $549,050 plus sales tax
and freight; and
B. Approve a contingency in the amount of $54,905 (10%).
BACKGROUND
Orange County Sanitation District’s (OC San) campus network has many switches and Wi-Fi access
points that have reached their end-of-life. The switches and Wi-Fi access points are imperative for
the continued support of all OC San communications and computing requirements. Staff
recommends replacing the old equipment with current technology.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
·Protect OC San assets
PROBLEM
The current campus network is running on outdated technology. The infrastructure is not reliable,
scalable, and does not provide the speed, functionality, resiliency, and cybersecurity capabilities
required in a modern computing environment.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2270 Agenda Date:4/27/2022 Agenda Item No:14.
PROPOSED SOLUTION
To properly maintain the campus network,the Information Technology (IT)division requests to
purchase current network infrastructure technology to replace the end-of-life equipment.The new
network infrastructure provides faster network speed,improved security,resilience,and new modern
features.
TIMING CONCERNS
Proper maintenance and performance of the campus network is imperative for the continued support
of all OC San communications and computing requirements.
RAMIFICATIONS OF NOT TAKING ACTION
A decision not to purchase the new network equipment would result in continued inefficiencies,
extended downtime,limitations in deploying new technologies,and the inability to provide high
availability.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
A Notice Inviting Bids was issued on February 2,2022 via PlanetBids.Bids were due on March 1,
2022.OC San received seven (7)total bids valid for 180 calendar days from the bid opening date.
Of the seven bids received,one was determined to be non-responsive as the bidder did not submit
line item pricing in PlanetBids and the items that were noted on an uploaded pricing document were
not the items OC San specified. One bid was withdrawn by the bidder.
The estimated bill of material was $1,250,000.
The following is a list of the firms who submitted a bid:
Company Name Bid Determination
Vector Resources, Inc.$0 Non-Responsive
Hypertec USA Inc $452,787.84 WITHDRAWN
Saitech Inc.$549,050.00 Responsive
AIXTEK $590,058.00 Responsive
Kambrian Corporation $593,406.65 Responsive
ePlus Technology $679,529.19 Responsive
Song Technologies LLC $989,932.99 Responsive
The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to
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File #:2022-2270 Agenda Date:4/27/2022 Agenda Item No:14.
The bids were evaluated in accordance with OC San policies and procedures.A notice was sent to
all the bidders on March 9,2022,informing them of the intent of OC San to recommend approval of a
purchase order to Saitech Inc.
Staff recommends approving a purchase order to the lowest responsive and responsible bidder,
Saitech Inc.,for purchase of Campus Access Network Switches and Indoor Wi-Fi Access Points,
Specification No. E-2022-1305BD, as indicated above plus sales tax and freight.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted.(FY2021-21 &2021-22 Budget,Section 8,Page 49,Information Technology Capital
Program (M-MC-IT)).
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2260 Agenda Date:4/27/2022 Agenda Item No:15.
FROM:James D. Herberg, General Manager
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTH OF MARCH 2022
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of March 2022.
BACKGROUND
The Orange County Sanitation District’s (OC San) legislative affairs program includes advocating OC
San’s legislative interests; sponsoring legislation (where appropriate); and seeking Local, State, and
Federal funding for projects and programs. Staff will provide an update on recent legislative and
grant activities.
RELEVANT STANDARDS
·Maintain influential legislative advocacy and a public outreach program
·Build brand, trust, and support with policy makers and community leaders
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
PROBLEM
Without a strong advocacy program, elected officials may not be aware of OC San’s mission,
programs, and projects and how they could be impacted by proposed legislation.
PROPOSED SOLUTION
Continue to work with Local, State, and Federal officials to advocate OC San’s legislative interests.
Help to create/monitor legislation and grants that would benefit OC San, the wastewater industry, and
the community as a whole. To assist in our relationship building activities, we will continue to reach
out to our elected officials providing facility tours, one-on-one meetings, and trips to Washington D.C.
and Sacramento.
Orange County Sanitation District Printed on 4/19/2022Page 1 of 2
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2260 Agenda Date:4/27/2022 Agenda Item No:15.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not work with Local,State,and Federal elected officials,legislation could be passed that
negatively affects OC San and the wastewater industry as a whole.Additionally,a lack of
engagement may result in missed funding opportunities.
ADDITIONAL INFORMATION
The 2022 Legislative Session bill introduction deadline was February 18.Bills have been coming in
since the start of session however,most legislators wait until the final deadline week to introduce the
bulk of their proposals.Both the Assembly and Senate introduced a total of 2,115 new bills.While
the deadline for new bills has passed,legislators will still have the opportunity to amend or “gut and
amend”existing bills into new legislation.Mid-March is the hard deadline for major amendments and
amendments to “spot” legislation.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·ENS Resources Legislative Update
·Federal Legislative Matrix - ENS Resources
·Presentation - ENS Update
·Townsend Public Affairs (TPA) Legislative Update
·State Legislative Matrix - TPA
·Presentation - TPA Update
·Grant Matrix 2022
Orange County Sanitation District Printed on 4/19/2022Page 2 of 2
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1 | P a g e
TO: Rebecca Long
FROM: Eric Sapirstein
DATE: March 21, 2022
SUBJECT: Washington Update
The past month of congressional actions centered on finalizing the fiscal year 2022
budget. The House and Senate committees with jurisdiction over water
infrastructure, held hearings to explore the priorities for a new Water Resources
Development Act that sets the stage for congressional action in the next several
months. U.S. Environmental Protection Agency (USEPA) continued to implement its
Per-and Polyfluoroalkyl Substances (PFAS) Roadmap priorities. Most notable is the
agency’s effort to develop a drinking water standard that would, for the first time,
establish a national treatment and monitoring standard. Any standard will undergo
a public comment period, suggesting that any final standard is at least a year in the
making. This timetable is consistent with the agency’s PFAS Roadmap.
• Infrastructure Law Priority for Implementation
The Administration released its implementation guidance to the States
detailing how the infrastructure assistance will be obligated in the coming
months. The guidance document was provided to staff earlier this month
and details the agency’s expectation on how the State Revolving Loan Fund
(SRF) funding will be made available to support disadvantaged communities
in the form of grants. Based upon a preliminary review, the USEPA appears
prepared to allow funding assistance to support underserved communities
that are within a service area whose overall average income exceeds the
definition of disadvantaged. Additionally, the implementation of the Buy
America mandate for manufactured products is identified as applicable to the
SRF assistance, but the nature of how it will be implemented remains
unclear. The USEPA indicates that it is awaiting guidance from the Office of
Management and Budget in the coming weeks. Upon the publication of such
guidance, clarification of how the mandate will impact agencies, like OC San,
will be better understood.
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2 | P a g e
Based upon the memo to the States, California’s total share of USEPA water
infrastructure funding assistance in fiscal year 2022 will be $680 million this
covers wastewater, water, and lead service line replacement needs. It also
includes the pretreatment assistance to clean water agencies to address PFAS
source control.
• Senator Feinstein Releases Draft Water Supply Legislation
Senator Feinstein’s office provided a draft bill, the STREAM Act, representing
a limited revision of her earlier initiative that was placed on hold when
Congress deliberated over the now enacted Infrastructure Investment and
Jobs Act. The revised version is important, because it would reauthorize the
expired Water Infrastructure Improvements for the Nation Act’s California
water provisions, including funding assistance for water recycling, storage,
groundwater banking, and ecosystem restoration projects. Funding for
storage would be authorized at $750 million and water recycling would
receive $300 million.
• PFAS Legislation to Address Cleanups and Liability
Municipal agencies’ efforts to address the potential of a Senate PFAS bill
being developed that would designate PFAS under Superfund, and thereby
impose Superfund liability on water and wastewater agencies that treat PFAS
contaminated waters, continue. In addition, strong water sector opposition
to such a federal standard has also been evident. Based upon discussions
with Senate Committee on Environment and Public Works staff, the votes do
not appear to be present to adopt such a liability mandate. Nonetheless,
because the House did pass legislation (H.R. 2467) to designate PFAS as
hazardous, the potential remains that an end of session effort to pass liability
language remains.
• Fiscal Year 2022 Spending Bill Finally Approved with Cyber-Attack
Notification Provisions
With just days before the March 11 deadline to approve a final fiscal year
2022 omnibus spending bill, the House and Senate passed, and the President
signed into law a comprehensive spending agreement for the remaining
months of the fiscal year. This action means that federal agencies will have
adequate resources to move infrastructure funding assistance to projects
without delays attributed to personnel shortfalls. Overall, the bill provides
slight increases in spending programs that support water supply needs such
as stormwater, flood protection, groundwater storage and water recycling.
Additionally, directives to USEPA to continue its research into developing
PFAS drinking water standards and designation of PFAS as hazardous
substances under Superfund were included.
3 | P a g e
Under the approved legislation an important amendment was included
related to cybersecurity. Senate bill, S. 3600 that received unanimous
approval just a week before the approval of the omnibus spending agreement
was attached and will require entities, including water agencies, to inform
the Department of Homeland Security’s Cybersecurity and Infrastructure
Security Agency (CISA) about cyber-attacks within seventy-two hours. In the
case of ransomware attacks, such notification would be required within
twenty-four hours of a payment. Actual implementation of the mandate will
require a formal rulemaking.
Fiscal Year 2023 Budget Process About to Begin
The Administration will transmit its fiscal year 2023 budget request March
28. This timetable means that congressional delegation calls for Community
Projects to be considered for funding requests will occur in the coming
weeks (Senator Padilla has issued his forms and copies have been provided
to OC San staff).
Federal Wipes Labeling Legislative Effort Continues
The effort to advance “Do Not Flush” labeling requirements for non-flushable
single-use wet wipes continues in Congress. In the House, efforts continue to
advance H.R. 4602, WIPPES Act and H.R. 6591, the PIPES Act through the
legislative process by increasing co-sponsorship of the bill. To this end, OC
San sent a letter to the congressional House delegation requesting Members
support both bills. It is also expected that a companion Senate bill to H.R.
4602 will be introduced in the coming weeks.
Title
PIPES Act
Primary Sponsors
Lisa McClain
Bill Summary: Last edited by Sarah Sapirstein at Feb 21, 2022, 5:01 PM
Codifies International Water Services Flushability Group's "(PAS)101:
2020 Criteria for Recognition as a Flushable Product" and require wipes
manufacturers to demonstrate and certify with the U.S. Environmental
Protection Agency (USEPA) that their wipes product(s) comply with the
criteria to be able to market the wipes as "flushable" and/or "sewer and
septic safe." The PIPES Act is complementary to the WIPPES Act (HR
4602) that requires wipes manufacturers to label synthetic wet wipes as
"Do Not Flush."
Introduction Date: 2022-02-03
Federal Legislative Report - March 21, 2022
Last Updated: March 21, 2022
Bills by Issue
Recently Updated Bills (0)
No bills to show.
Priority: High (9)
Bill Number
HR 6591
Last Action
Referred To The House Committee On Energy
And Commerce 2022 02 03
Status
In House
Position
Support
Priority
High
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
Title
Infrastructure Investment and Jobs Act
Description
Infrastructure Investment and Jobs Act Among other provisions,
this bill provides new funding for infrastructure projects, including
for * roads, bridges, and major projects; * passenger and freight
rail; * highway and pedestrian safety; * public transit; * broadband;
* ports and waterways; * airports; * water infrastructure; * power
and grid reliability and resiliency; * resiliency, including funding for
coastal resiliency, ecosystem restoration, and weatherization; *
clean school buses and ferries; * electric vehicle charging; *
addressing legacy pollution by cleaning up Brownfield and
Superfund sites and reclaiming abandoned mines; and * Western
Water Infrastructure. DIVISION A--SURFACE TRANSPORTATION
Surface Transportation Reauthorization Act of 2021 This division
reauthorizes Department of Transportation (DOT) federal-aid
highway and transportation infrastructure finance and innovation
(TIFIA) programs, revises research, technology, and workforce
education programs, and addresses tribal transportation needs.
The effective date of this division is October 1, 2021. TITLE I--
FEDERAL-AID HIGHWAYS Among other provisions, this title *
reauthorizes through FY2026 several surface transportation
programs, including the federal-aid highway program,
transportation infrastructure finance and innovation program
(TIFIA), federal lands access and tribal transportation programs,
Territorial and Puerto Rico highway program, and nationally
significant freight and highway projects; * reauthorizes through
FY2026 other transportation programs, including the bridge
investment program, congestion relief program, charging and
fueling infrastructure grants, the rural surface transportation grant
program, reduction of truck emissions at port facilities, nationally
significant federal lands and tribal projects, ferry boat construction,
and research, technology, and education programs; * provides
statutory authority for DOT's Safe Routes to School program; *
establishes a wildlife crossing pilot grant program to reduce
wildlife-vehicle collisions; * directs DOT to encourage states to
develop a voluntary human capital plan for the transportation-
related workforce needs of the states; * provides statutory
authority for federal agency coordination and streamlining of
environmental reviews and authorizations for major infrastructure
projects; * addresses climate change by establishing a grant
program for the deployment of publicly-accessible electric vehicle
charging infrastructure, hydrogen fueling infrastructure, propane
fueling infrastructure, and natural gas fueling infrastructure along
designated alternative fuel corridors; * establishes the Healthy
Streets grant p... (click bill link to see more).
Primary Sponsors
Peter DeFazio
Bill Summary: Last edited by Sarah Sapirstein at Jan 13, 2022, 3:02 PM
Comprehensive infrastructure investment package that provides the
biggest infusion of U.S. federal spending on infrastructure in decades,
including $55 billion for water infrastructure. The bill also includes a
Western Water Infrastructure Title to address U.S. Bureau of
Reclamation water infrastructure funding programs. Enacted into law on
November 15, 2021. Became Public Law No: 117-58.
Introduction Date: 2021-06-04
Bill Number
HR 3684
Last Action
Became Public Law No 117 58 2021 11 15
Status
Enacted
Position
Monitor
Priority
High
Title
WIPPES Act
Primary Sponsors
Alan Lowenthal
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:53 PM
Pulled out of the Break Free From Plastic Pollution Act. Not later than 2
years after enactment, directs FTC, with consultation from U.S.
Environmental Protection Agency (USEPA), to require manufacturers of
single-use wet wipes print a "Do Not Flush" label notice on wipes
product packaging. Below is a summary of the WIPPES Act's key
provisions: - Not later than 2 years after date of enactment, the Federal
Trade Commission (FTC), in consultation with USEPA, will issue
regulations to require wipes manufacturers to print clear and visible "Do
Not Flush" label notices on non-flushable wet wipes product packaging. -
Prohibition on the representation or marketing of flushable attributes,
performance, or efficacy benefits for non-flushable wipes products. - FTC
may bring penalty fines of not more than $2,500 for each day a
manufacturer fails to comply with labeling requirements. Total fine
amount may not exceed $100,000 for a single violation. - FTC will
develop guidance for manufacturers to conduct education and outreach
campaigns on new labeling requirements and provide consumers with
the following information: presence of the new label notice on product
packaging, what products have the new label notice, intended effects of
label notice on consumer behavior regarding the disposal of the
products, and outreach may not promote, advocate, or depict wipes
other than the wipes products defined by legislation.
Introduction Date: 2021-07-21
Bill Number
HR 4602
Last Action
Referred To The Subcommittee On Consumer
Protection And Commerce 2021 07 22
Status
In House
Position
Support
Priority
High
Title
PFAS Action Act of 2021
Description
PFAS Action Act of 2021 This bill establishes requirements and
incentives to limit the use of perfluoroalkyl and polyfluoroalkyl
substances, commonly referred to as PFAS, and remediate PFAS in
the environment. PFAS are man-made and may have adverse
human health effects. A variety of products contain PFAS, such as
nonstick cookware or weatherproof clothing. The bill directs the
Environmental Protection Agency (EPA) to designate the PFAS
perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid
(PFOS) as a hazardous substances under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,
thereby requiring remediation of releases of those PFAS into the
environment. Within five years, the EPA must determine whether
the remaining PFAS should be designated as hazardous
substances. The EPA must also determine whether PFAS should be
designated as toxic pollutants under the Clean Water Act. If PFAS
are designated as toxic, then the EPA must establish standards to
limit discharges of PFAS from industrial sources into waters of the
United States. In addition, the EPA must issue a national primary
drinking water regulation for PFAS that, at a minimum, includes
standards for PFOA and PFOS. Among other requirements, the EPA
must also issue a final rule adding PFOA and PFOS to the list of
hazardous air pollutants, test all PFAS for toxicity to human health,
and regulate the disposal of materials containing PFAS. Finally, the
bill provides incentives to address PFAS, such as grants to help
community water systems treat water contaminated by PFAS.
Primary Sponsors
Debbie Dingell
Bill Summary: Last edited by Sarah Sapirstein at Apr 19, 2021, 4:54 PM
Addresses the public health and environmental risks posed by PFAS
contamination, including addressing, monitoring, and treating for PFAS
contamination in water supplies. Includes directive for USEPA to
designate PFOA and PFOS as hazardous substances under CERCLA, also
known as Superfund law, within one year after enactment of the bill and
within five years determine whether to designate all PFAS substances as
hazardous under CERCLA. Also includes other regulatory measures to
detect, monitor, and treat for PFAS in water supplies.
Introduction Date: 2021-04-13
Bill Number
HR 2467
Last Action
Received In The Senate And Read Twice And
Referred To The Committee On Environment
And Public Works 2021 07 22
Status
In Senate
Position
Oppose
Priority
High
Title
Clean Water Standards for PFAS Act of 2021
Description
Clean Water Standards for PFAS Act of 2021 This bill directs the
Environmental Protection Agency (EPA) to develop requirements
and incentives to limit the discharge of perfluoroalkyl and
polyfluoroalkyl substances (PFAS) into certain waters of the United
States. PFAS are man-made and may have adverse human health
effects. A variety of products contain the compounds, such as
nonstick cookware or weatherproof clothing. Within two years, the
EPA must publish water quality criteria for each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and class of
PFAS. The water quality criteria must determine how much of these
substances can be present in water before it is likely to harm
human health. Within four years, the EPA must publish a final rule
that establishes, for each priority industry category specified in the
bill, effluent limitations guidelines and standards for the discharge
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of PFAS. Under the Clean Water Act, effluent
limitations restrict the quantities, rates, and concentrations of
chemical, physical, biological, and other constituents which are
discharged from point sources (e.g., a discernible source such as a
pipe) into navigable waters, the ocean, or other specified waters. In
addition, the EPA must award grants to owners and operators of
publicly owned treatment works for implementing the effluent
limitations guidelines and standards.
Primary Sponsors
Chris Pappas
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:01 PM
Require the U.S.Environmental Protection Agency (USEPA) to develop
effluent limitations guidelines and standards and water quality criteria
for PFAS under the Federal Water Pollution Control Act and authorize
$200 million in Federal grants to publicly owned treatment works to
implement such guidelines and standards. Specifically, the Clean Water
Standards for PFAS Act would do the following: • Require USEPA to
develop water quality criteria under the Clean Water Act for all
measurable PFAS chemicals within two years of bill’s enactment and
develop effluent limitations guidelines and standards for all measurable
PFAS chemicals within four years, including establishing pretreatment
standards to prevent introduction of PFAS into POTWs and stopping
PFAS at the source prior to contaminating municipal water systems. •
Identifies nine priority industry categories of industries that USEPA must
establish standards for. • Authorizes $200 million in grants per year
through fiscal years 2022-2026 to assist POTWs with implementation of
developed limitations and standards.
Introduction Date: 2021-05-28
Bill Number
HR 3622
Last Action
Referred To The Subcommittee On Water
Resources And Environment 2021 06 01
Status
In House
Position
Monitor
Priority
High
Title
Clean Water Standards for PFAS Act of 2021
Description
Clean Water Standards for PFAS Act of 2021 This bill directs the
Environmental Protection Agency (EPA) to develop requirements
and incentives to limit the discharge of perfluoroalkyl and
polyfluoroalkyl substances (PFAS) into certain waters of the United
States. PFAS are man-made and may have adverse human health
effects. A variety of products contain the compounds, such as
nonstick cookware or weatherproof clothing. Within two years, the
EPA must publish water quality criteria for each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and class of
PFAS. The water quality criteria must determine how much of these
substances can be present in water before it is likely to harm
human health. Within four years, the EPA must publish a final rule
that establishes, for each priority industry category specified in the
bill, effluent limitations guidelines and standards for the discharge
of each measurable perfluoroalkyl substance, polyfluoroalkyl
substance, and class of PFAS. Under the Clean Water Act, effluent
limitations restrict the quantities, rates, and concentrations of
chemical, physical, biological, and other constituents which are
discharged from point sources (e.g., a discernible source such as a
pipe) into navigable waters, the ocean, or other specified waters. In
addition, the EPA must award grants to owners and operators of
publicly owned treatment works for implementing the effluent
limitations guidelines and standards.
Primary Sponsors
Kirsten Gillibrand
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:59 PM
Companion bill to H.R. 3622. The bill would require the U.S.
Environmental Protection Agency (USEPA) to develop effluent limitations
guidelines and standards and water quality criteria for PFAS under the
Federal Water Pollution Control Act and provide Federal grants to
publicly owned treatment works to implement such guidelines and
standards. Specifically, the Clean Water Standards for PFAS Act would do
the following: • Require USEPA to develop water quality criteria under
the Clean Water Act for all measurable PFAS chemicals within two years
of bill’s enactment and develop effluent limitations guidelines and
standards for all measurable PFAS chemicals within four years, including
establishing pretreatment standards to prevent introduction of PFAS
into POTWs and stopping PFAS at the source prior to contaminating
municipal water systems. • Identifies nine priority industry categories of
industries that USEPA must establish standards for. • Authorizes $200
million in grants per year through fiscal years 2022-2026 to assist POTWs
with implementation of developed limitations and standards.
Introduction Date: 2021-05-27
Bill Number
S 1907
Last Action
Read Twice And Referred To The Committee
On Environment And Public Works 2021 05 27
Status
In Senate
Position
Monitor
Priority
High
Title
Break Free From Plastic Pollution Act of 2021
Description
Break Free From Plastic Pollution Act of 2021 This bill sets forth
requirements and incentives to reduce the production of a variety
of products and materials, including plastics, and increase efforts
to collect, recycle, or compost products and materials. The bill
makes certain producers of products (e.g., packaging, paper, single-
use products, beverage containers, or food service products)
fiscally responsible for collecting, managing, and recycling or
composting the products after consumer use. In addition, the bill
establishes (1) minimum percentages of products that must be
reused, recycled, or composted; and (2) an increasing percentage
of recycled content that must be contained in beverage containers.
Beginning on January 1, 2023, the bill phases out a variety of single-
use products, such as plastic utensils. The bill also sets forth
provisions to encourage the reduction of single-use products,
including by establishing programs to refund consumers for
returning beverage containers and by establishing a tax on
carryout bags. The bill creates a temporary moratorium on new or
expanded permits for certain facilities that manufacture plastics
until regulations are updated to address pollution from the
facilities. The Environmental Protection Agency (EPA) must publish
guidelines for a national standardized labeling system for recycling
and composting receptacles. Producers must include labels on
their products that are easy to read and indicate whether the
products are recyclable, compostable, or reusable. The EPA must
also ensure that certain clothes washers have filtration units as
required by this bill. Finally, the bill establishes limitations on the
export of plastic waste to other countries.
Primary Sponsors
Alan Lowenthal
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:03 PM
Would reduce plastic production, increase recycling, and protect
frontline and fenceline communities from the burden of toxic emissions
from plastic waste by changing the incentives of the industry. The bill
shifts the burden of cleanup to the corporations that produced the
plastics. Would direct the U.S. Environmental Protection Agency (USEPA)
to establish regulations to require covered manufacturers, as defined by
the bill, to print clear and visible “Do Not Flush” labeling notice on
product packaging. Eligible labeling protocol mirrors the protocols
outlined in the state bill. As with the state bill, the “Do Not Flush” symbol
is defined by the INDA and EDANA Guidelines for Assessing the
Flushability of Disposable Nonwoven Products (Edition 4; May 2018).
BFFPPA addresses pollution caused by microfibers from textiles and
general microplastics through the water waste stream. The bill would
establish a new grants program to support projects that reduce
microfiber pollution through either improving industry and
manufacturing best practices to reduce the generation of textile-based
microfiber pollution or improve the filtration technology for textile-
based microfiber pollution in washing machines and at wastewater
treatment plants. The bill does not define an authorization amount for
the program. The legislation would also create a separate USEPA pilot
program to study the efficacy and cost effectiveness of tools,
technologies, and techniques used to remove and prevent the release of
microplastics into the environment. Under the program, studies will be
conducted to test natural and green infrastructure, and mechanical
removal systems and filtration technologies. The bill identifies eligible
locations to carry out testing studies to include wastewater treatment
facilities, stormwater systems, and drinking water systems. The bill does
not define an authorization amount for this new pilot program.
Introduction Date: 2021-03-26
Bill Number
HR 2238
Last Action
Referred To The Subcommittee On
Environment And Climate Change 2021 03 29
Status
In House
Position
Support
Priority
High
Title
Break Free From Plastic Pollution Act of 2021
Description
Break Free From Plastic Pollution Act of 2021 This bill sets forth
requirements and incentives to reduce the production of a variety
of products and materials, including plastics, and increase efforts
to collect, recycle, or compost products and materials. The bill
makes certain producers of products (e.g., packaging, paper, single-
use products, beverage containers, or food service products)
fiscally responsible for collecting, managing, and recycling or
composting the products after consumer use. In addition, the bill
establishes (1) minimum percentages of products that must be
reused, recycled, or composted; and (2) an increasing percentage
of recycled content that must be contained in beverage containers.
Beginning on January 1, 2023, the bill phases out a variety of single-
use products, such as plastic utensils. The bill also sets forth
provisions to encourage the reduction of single-use products,
including by establishing programs to refund consumers for
returning beverage containers and by establishing a tax on
carryout bags. The bill creates a temporary moratorium on new or
expanded permits for certain facilities that manufacture plastics
until regulations are updated to address pollution from the
facilities. The Environmental Protection Agency (EPA) must publish
guidelines for a national standardized labeling system for recycling
and composting receptacles. Producers must include labels on
their products that are easy to read and indicate whether the
products are recyclable, compostable, or reusable. The EPA must
also ensure that certain clothes washers have filtration units as
required by this bill. Finally, the bill establishes limitations on the
export of plastic waste to other countries.
Primary Sponsors
Jeff Merkley
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:03 PM
Would reduce plastic production, increase recycling, and protect
frontline and fenceline communities from the burden of toxic emissions
from plastic waste by changing the incentives of the industry. The bill
shifts the burden of cleanup to the corporations that produced the
plastics. Would direct the U.S. Environmental Protection Agency (USEPA)
to establish regulations to require covered manufacturers, as defined by
the bill, to print clear and visible “Do Not Flush” labeling notice on
product packaging. Eligible labeling protocol mirrors the protocols
outlined in the state bill. As with the state bill, the “Do Not Flush” symbol
is defined by the INDA and EDANA Guidelines for Assessing the
Flushability of Disposable Nonwoven Products (Edition 4; May 2018).
BFFPPA addresses pollution caused by microfibers from textiles and
general microplastics through the water waste stream. The bill would
establish a new grants program to support projects that reduce
microfiber pollution through either improving industry and
manufacturing best practices to reduce the generation of textile-based
microfiber pollution or improve the filtration technology for textile-
based microfiber pollution in washing machines and at wastewater
treatment plants. The bill does not define an authorization amount for
the program. The legislation would also create a separate USEPA pilot
program to study the efficacy and cost effectiveness of tools,
technologies, and techniques used to remove and prevent the release of
microplastics into the environment. Under the program, studies will be
conducted to test natural and green infrastructure, and mechanical
removal systems and filtration technologies. The bill identifies eligible
locations to carry out testing studies to include wastewater treatment
facilities, stormwater systems, and drinking water systems. The bill does
not define an authorization amount for this new pilot program.
Introduction Date: 2021-03-25
Title
To amend the Federal Water Pollution Control Act with respect to
permitting terms, and for other purposes.
Description
This bill revises the National Pollutant Discharge Elimination
System (NPDES) program. Under the program, the Environmental
Protection Agency issues permits to discharge pollutants into
waters of the United States. The bill extends the maximum term for
NPDES permits issued to states or municipalities from 5 to 10
years.
Primary Sponsors
John Garamendi
Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:20 PM
Extends the National Pollution Discharge Elimination System (NPDES)
permit to up to, but not exceeding, 10 years from the current 5 years, for
a municipality.
Introduction Date: 2021-03-12
Bill Number
S 984
Last Action
Read Twice And Referred To The Committee
On Finance 2021 03 25
Status
In Senate
Position
Support
Priority
High
Bill Number
HR 1881
Last Action
Referred To The Subcommittee On Water
Resources And Environment 2021 03 15
Status
In House
Position
Monitor
Priority
High
Title
Water Affordability, Transparency, Equity, and Reliability Act of
2021
Description
Water Affordability, Transparency, Equity, and Reliability Act of
2021 This bill increases funding for water infrastructure, including
funding for several programs related to controlling water pollution
or protecting drinking water. Specifically, it establishes a Water
Affordability, Transparency, Equity, and Reliability Trust Fund. The
fund may be used for specified grant programs. The bill increases
the corporate income tax rate to 24.5% to provide revenues for the
fund. In addition, the bill revises requirements concerning the
clean water state revolving fund (SRF) and the drinking water SRF. It
also creates or reauthorizes several grant programs for water
infrastructure.
Primary Sponsors
Brenda Lawrence
Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 9:43 PM
The Water Affordability, Transparency, Equity, and Reliability (WATER) Act
of 2021 is a comprehensive solution that creates a WATER Trust Fund,
which dedicates nearly $35 billion towards water infrastructure
improvements across the United States.
Introduction Date: 2021-02-25
Title
Water Infrastructure Modernization Act of 2021
Primary Sponsors
Mark Kelly
Bill Summary: Last edited by Sarah Sapirstein at Jan 13, 2022, 3:08 PM
Authorizes a five-year, $50 million EPA grant program to help municipal
water systems and publicly owned wastewater treatments systems
make investments in smart water technologies to upgrade and
modernize the water infrastructure systems address new emerging
contaminants, maintain reliable and affordable water quality
infrastructure, maintain reliable, resilient, and affordable drinking water
infrastructure, and encourage the use of water-efficient technologies to
address drought and prepare for population growth and climate change
impacts.
Introduction Date: 2021-11-30
Priority: Medium (1)
Bill Number
HR 1352
Last Action
Referred To The Subcommittee On
Conservation And Forestry 2021 04 05
Status
In House
Position
Monitor
Priority
Medium
Priority: None (3)
Bill Number
S 3282
Last Action
Read Twice And Referred To The Committee
On Environment And Public Works 2021 11 30
Status
In Senate
Position
None
Priority
None
Title
Water Infrastructure Modernization Act
Primary Sponsors
Ruben Gallego
Bill Summary: Last edited by Sarah Sapirstein at Jan 13, 2022, 3:08 PM
Authorizes a five-year, $50 million EPA grant program to help municipal
water systems and publicly owned wastewater treatments systems
make investments in smart water technologies to upgrade and
modernize the water infrastructure systems address new emerging
contaminants, maintain reliable and affordable water quality
infrastructure, maintain reliable, resilient, and affordable drinking water
infrastructure, and encourage the use of water-efficient technologies to
address drought and prepare for population growth and climate change
impacts.
Introduction Date: 2021-11-30
Title
COMPOST Act
Primary Sponsors
Julia Brownley
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 6:07 PM
Creates a new Environmental Protection Agency (EPA) administered
grant program for state, local, tribal, and territorial governments and for
nonprofits, which would offer three types of grants: planning grants,
measurement grants, and reduction grants. Program would be
authorized at $200 million for each of the fiscal years 2021-2031.
Introduction Date: 2021-07-16
Bill Number
HR 6088
Last Action
Referred To The House Committee On Energy
And Commerce 2021 11 30
Status
In House
Position
None
Priority
None
Bill Number
HR 4443
Last Action
Referred To The Subcommittee On
Conservation And Forestry 2021 08 11
Status
In House
Position
Monitor
Priority
None
Powered by
FiscalNote
4/11/2022
1
April 11, 2022
Page 1
Non-Flushable Wipes
Fiscal Year 2023 Appropriations
PFAS/PFOA Liability
Build America/Buy America (BA/BA)
Page 2
1
2
4/11/2022
2
House and Senate Legislation Introduced
Industry Trade Group Support
Bi-Partisan Support in Both Chambers
OC San Supports with Letter
Senator Padilla Co-Sponsors
Next Steps to Passage
Page 3
President Sends Congress Budget
EPA Record Funding $11.9 Billion
State Revolving Loan Fund $4 Billion
Staffing Up Enforcement Staff
Priority Funding of $200 Million To Support
PFAS Standards Setting (Biosolids)
Community Project Request Submitted
Page 4
3
4
4/11/2022
3
Office of Management and Budget Release of
Proposed Rulemaking on Drinking Water and
Listing Expected Soon
Congress
Senate Committee On Environment and Public
Works Staff Stalled on Discussion Draft
Opposition To Liability Designation Strong
Outlook For Final Congressional Action Unclear
Page 5
BA/BA Could Inflate Costs 45 Percent or More
Office of Management and Budget Guidance to
Agencies Release Imminent
U.S. EPA Working to Limit Waivers
Define Ongoing Projects
Trade Agreements
SRF Funding Assistance: Federal or Nonfederal
Funds?
How Does BA/BA Impact Best Available Tech
Standard Compliance
Page 6
5
6
4/11/2022
4
Questions
Page 7
7
Page 1
M E M O R A N D U M
To: Orange County Sanitation District
From: Townsend Public Affairs
Date: March 18, 2022
Subject: Monthly Legislative Report
State Legislative Update
The month of February saw the introduction of over 1,800 new bill vehicles, the approval of several
early budget action items, and numerous COVID-19 procedural updates. In February and early March, legislators and the Administration focused on establishing consensus on funding priorities
included in the Governor’s January Budget framework proposal and introduced the bulk of their legislative priorities for the year. State Legislature
February 18 marked the 2022 Legislative Session’s bill introduction deadline for all new legislative vehicles. Although new bills have trickled in since the January 3 start of session, most legislators wait until the final deadline week to introduce the bulk of their proposals. Both the Assembly and Senate introduced a total of 2,115 new bill vehicles. While the deadline for new bills has passed,
legislators will still have the opportunity to amend or “gut and amend” existing bill vehicles into new legislation. However, Assembly and Senate leadership have set hard mid-March deadlines
for major amendments and amendments to “spot” legislation, meaning new and evolved
legislative language will materialize and be heard in policy committees in the coming weeks. State Budget
Throughout the month of February, legislators participated in full budget and subcommittee
informational hearings on specific provisions contained within the Governor’s January Budget
framework proposal. During these hearings, committee members heard from Department of
Finance and Legislative Analyst’s Office representatives, as well as other relevant stakeholders,
to consider the implementation of proposed funding programs contained in the Governor’s
Budget. Each of the hearings were informational in nature with no action items that would immediately alter the existing budget framework. Prior to the May budget revision, negotiations and updated budget policies will materialize – which will reflect consensus between the
Administration and the Legislature.
The nonpartisan Legislative Analyst’s Office released several succinct analyses of various
aspects of the Governor’s budget proposal, which include assessments of proposed expenditures and issues for legislative consideration. Budget committee hearings will continue into the month of March before the Legislature shifts into agenda-heavy policy committee schedules to consider and take action on policy bills.
T WNSEND
PUBL C AFFAIRS
EST TPA 19 8
Page 2
In addition to the steady pace of budget informational hearings, the Governor signed a handful of
budget items into law marked for “early action” – meaning funds would be made available
immediately. These early action items included the following:
• SB 113 (Committee on Budget and Fiscal Review) Economic relief: COVID-19
pandemic.
This measure transfers $150 million into the California Emergency Relief Fund to fund remaining eligible waitlisted grant applicants from last year’s California Small Business COVID-19 Relief Grant Program. Additionally, the measure restores the net operating loss
(NOL) deduction and lifts the cap on business incentive tax credits that were suspended and capped in the 2020-21 Budget.
• SB 114 (Committee on Budget and Fiscal Review) Employment: COVID-19:
supplemental paid sick leave.
This measure provides 80 hours of paid COVID-19 leave for covered employees working for an employer with over 25 employees. The previous law requiring coverage (SB 95,
Statutes of 2021) expired Sept. 30, 2021. SB 114 mirrors the provisions included in the previous law, with two notable changes, which include the following additional qualifying cases for taking paid sick leave time:
o Attending an appointment to receive a COVID-19 vaccine or a vaccine booster for
the employee’s family member; or
o Caring for a family member who has symptoms from a COVID-19 vaccine or a vaccine booster.
• SB 115 (Skinner) Budget Act of 2021.
This measure amends the language contained within the 2021 Budget Act to provide for the immediate disbursement of funds marked for early action. This includes $1.9 billion from the General Fund to the California Emergency Relief Fund for COVID-19 mitigation, which includes increasing testing capacity, enhancing vaccination programs, and supporting frontline workers. In addition to the new funds for COVID-19 mitigation and support, the measure allows the state to backfill funds for rental assistance not covered by federal dollars. COVID-19 Updates
• California to lift all masking mandates for vaccinated individuals and school settings –
Following the State’s announcement lifting the indoor statewide masking mandate, on February 28, the Governor announced the State would lift all masking mandates, including mandates that apply to school children and school personnel. Beginning March 1, masks
are no longer be required for unvaccinated individuals, but will be strongly recommended for all individuals in most indoor settings. In schools and childcare facilities, after March 11, masks are not required but will be strongly recommended. Masks will still be required
for everyone in high transmission settings like public transit, emergency shelters, health care settings, correctional facilities, homeless shelters and long-term care facilities. Local jurisdictions may have additional requirements beyond the state guidance.
Page 3
• Legislation introduced to mandate vaccines for employees of all businesses – In February, Assembly Members Wicks, Aguiar-Curry, Low, and Akilah Weber introduced AB 1993, which mandates vaccines for workplaces (for both employees and independent contractors) and requires employers to verify that their workers are immunized. New hires
would need to have at least one shot by their first day — and the second within 45 days. Exemptions are made for persons ineligible to receive a COVID-19 vaccine due to a medical condition or disability or who hold a sincerely held religious belief. Assembly Member Wicks previously considered a similar proposal at the end of the 2021 legislative session, but ultimately decided to wait. AB 1993 is currently pending referral to the appropriate legislative policy committee for consideration.
• Governor Rolls Back All but 5 Percent of COVID-19 Executive Orders – Governor
Newsom announced his action to lift all but 5 percent of COVID-19 related executive order provisions, while maintaining the State of Emergency. The remaining provisions include
maintaining California’s nation-leading testing and vaccination programs and protecting
hospital and health facility capacity, key components of the state’s SMARTER Plan to
guide California’s evolving pandemic response.
Altogether, Newsom has issued 561 executive actions, specific legal waivers or directives contained within his executive orders, since the start of the pandemic. He has since rescinded all but 30. The most recent order lifts 52 of those remaining executive provisions
by the end of June. Among the measures he terminated immediately were orders to allow fairgrounds and other state-owned property to be used for pandemic relief and to direct the state to distribute COVID-19 stimulus funds, which have already been allocated. Maintaining the State of Emergency provides for such things as continued Brown Act flexibility for local agencies. The Governor has not yet released a timeline for which he plans to end the State of Emergency. It is not unusual for California governors to keep emergency proclamations open for years in response to disasters like wildfires and earthquakes.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1001 C. Garcia [D]Amends the California Environmental Quality Act (CEQA) to 1) require
mitigation to compensate for adverse air or water quality impacts in a
disadvantaged community (DAC) to mitigate those impacts directly in the
affected community and 2) require all public agencies implementing CEQA
to give consideration to the principles of environmental justice by ensuring
the fair treatment and meaningful involvement of people of all races,
cultures, incomes, and national origins.
Currently in the Senate
waiting to be assigned to
committees
Watch Legislative and Regulatory
Policies: Air Quality -
Support measures that
maintain and enhance local
decision-making authority,
where appropriate, in the
development and
implementation of air quality
attainment strategies.
ACC-OC - NYC
LOCC - Watch
CASA - Disapprove
CSDA - Oppose
ACWA - Oppose
AB 1240 Ting [D]Requires the Air Resources Board (ARB) to prepare an updated report on
specified issues related to indoor air quality. Requires ARB, on or before
January 1, 2025, to submit to the Legislature an addendum updating its prior
indoor air quality report. Requires ARB to consider updates on potential
health effects from ozone-emitting consumer products, natural gas sources,
and per- and poly-flouroalkyl substances (PFAS).
Currently in the Senate
waiting to be assigned to
committees
Watch Legislative and Regulatory
Policies: Air Quality -
Support measures that
maintain and enhance local
decision-making authority,
where appropriate, in the
development and
implementation of air quality
attainment strategies.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 1724 Stone [D]Current law, to protect public health and water quality, regulates a broad
range of consumer products and processes, including water softeners, water
treatment devices, and backflow prevention devices, among others.This bill
would require, on or before January 1, 2024, that all washing machines sold
as new in California contain a microfiber filtration system. The bill would also
require all state-owned washing machines to contain a microfiber filtration
system.
Referred to the Assembly
Environmental Safety and
Toxic Materials
Committee
Watch State Priorities: Support
legislation or regulations that
restrict the use of
microplastics and chemicals
of emerging concern in any
product that is disposed of
through the sewer system.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - Watch
AB 1774 Seyarto [R]This bill would require the Judicial Council to adopt rules of court applicable
to actions or proceedings brought to attack, review, set aside, void, or annul
the certification or adoption of an environmental impact report for water
conveyance or storage projects, or the granting of project approvals,
including any appeals to the court of appeal or the Supreme Court, to be
resolved, to the extent feasible, within 270 days of the filing of the certified
record of proceedings with the court to an action or proceeding seeking
judicial review of the lead agency’s action related to those projects.
Referred to the Assembly
Natural Resources
Committee and the
Assembly Judiciary
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - Watch
ACWA - Watch
AB 1817 Ting [D]Would prohibit, beginning January 1, 2024, any person from distributing,
selling, or offering for sale in the state any textile articles that contain
regulated PFAS, and requires a manufacturer to use the least toxic
alternative when replacing regulated PFAS in textile articles to comply with
these provisions.
Referred to the Assembly
Environmental Safety and
Toxic Materials
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - Support
ACWA - Favor
Proposed Legislation 2022
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1944 Lee [D]Current law, the Ralph M. Brown Act, requires, with specified exceptions,
that all meetings of a legislative body of a local agency, as those terms are
defined, be open and public and that all persons be permitted to attend and
participate. Current law, until January 1, 2024, authorizes a local agency to
use teleconferencing without complying with those specified
teleconferencing requirements in specified circumstances when a declared
state of emergency is in effect, or in other situations related to public health.
This bill would specify that if a member of a legislative body elects to
teleconference from a location that is not public, the address does not need
to be identified in the notice and agenda or be accessible to the public when
the legislative body has elected to allow members to participate via
teleconferencing.
Referred to the Assembly
Local Government
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Watch
ACWA -
Watch/Amend
AB 1985 Rivas [D]Current law requires the Department of Resources Recycling and Recovery
(CalRecycle), in consultation with the state board, to adopt regulations to
achieve these organic waste reduction goals, including a requirement
intended to meet the goal that not less than 20% of edible food that is
currently disposed of be recovered for human consumption by 2025. This bill
would require CalRecycle to compile and maintain on its internet website a
list, organized by ZIP Code, of information regarding persons or entities that
produce and have available state organic waste products and update the list
at least every 6 months.
Referred to the Assembly
Natural Resources
Committee
Watch Legislative and Regulatory
Policies: Biosolids,
Organics, and Biogas -
Support compost associations
and local cities and agencies
in education, market
expansion activities, and
meeting mandates to buy-
back compost and other
organics diverted from landfill
ACC-OC - NYC
LOCC - Support
CASA - Support if
Amended
CSDA - NYC
ACWA - NYC
AB 2026 Friedman [D]Would prohibit an online retailer that sells or offers for sale and ships
purchased products in or into the state from using single-use plastic
packaging that consists of shipping envelopes, cushioning, or void fill to
package or transport the products, on and after January 1, 2024, for large
online retailers, as defined, and on and after January 1, 2026, for small
online retailers, as defined. The bill would prohibit a manufacturer, retailer,
producer, or other distributor that sells or offers for sale and ships purchased
products in or into the state from using expanded or extruded polystyrene
packaging to package or transport the products, except as provided.
Referred to the Assembly
Natural Resources
Committee and the
Assembly Judiciary
Committee
Watch State Priorities: Support
legislation or regulations that
restrict the use of
microplastics and chemicals
of emerging concern in any
product that is disposed of
through the sewer system.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 2041 E. Garcia [D]Would require the State Water Resources Control Board to take specified
actions if the state board adopts a primary drinking water standard with a
compliance period for which public water systems are given a designated
period of time to install necessary measures, including, but not limited to,
installation of water treatment systems, to comply with the primary drinking
water standard without being held in violation of the primary drinking water
standard. Those actions would include, among other actions, developing a
financial plan to assist public water systems that will require financial
assistance in procuring and installing the necessary measures.
Referred to the Assembly
Environmental Safety and
Toxic Materials
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - Watch
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2157 Rubio [D]SPOT BILL - This bill is a temporary spot bill dealing with indoor residential
water use standards.
Introduced Watch Legislative and Regulatory
Policies: Water Quality and
Supply - Support legislation
and regulation that promote
improved water use efficiency
through state assistance in
evaluating and implementing
new programs and
technologies and increasing
public awareness of water
use efficiency.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
AB 2179 Grayson [D]Current law prohibits a local agency that imposes fees or charges on a
residential development for the construction of public improvements or
facilities from requiring the payment of those fees or charges until the date of
the final inspection or the date the certificate of occupancy is issued,
whichever occurs first, except that the payment may be required sooner
under specified circumstances. This bill would similarly prohibit a
noncompliant local agency, as defined, that imposes any fees or charges on
a qualified development, as defined, from requiring the payment of those
fees or charges until 20 years from the date of the final inspection, or the
date the certificate of occupancy is issued, whichever occurs first.
Referred to the Assembly
Local Government
Committee and the
Assembly Housing and
Community Development
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - NYC
ACWA - NYC
AB 2247 Bloom [D]This bill would require the Department of Toxic Substances Control to work
with the Interstate Chemicals Clearinghouse to establish, on or before
January 1, 2024, a publicly accessible reporting platform to collect
information about PFAS and products or product components containing
regulated PFAS, as defined, being sold, offered for sale, distributed, or
offered for promotional purposes in, or imported into, the state. This bill w
ould require a manufacturer to provide, within 30 days, a certificate attesting
that the manufacturer’s PFAS or product or product component containing
PFAS complies with certain requirements. The bill would subject a
manufacturer who violates this requirement to civil penalties not to exceed
$2,500 per day, up to a maximum of $100,000 for each violation.
Referred to the Assembly
Environmental Safety and
Toxic Materials
Committee and the
Assembly Judiciary
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Co-
Sponsor
CSDA - NYC
ACWA - Favor
AB 2374 Bauer-Kahan [D]Under current law, the dumping of commercial quantities of waste, as
defined, is punishable as a misdemeanor and also includes escalating fines.
This bill would increase the maximum fine for the dumping of commercial
quantities of waste from $3000 to $5000 for the first conviction, from $6000
to $10,000 for the second conviction, and from $10,000 to $20,000 for the
third and any subsequent convictions.
Referred to the Assembly
Public Safety Committee
and the Assembly
Business and Professions
Committee
Watch Legislative and Regulatory
Policies: Biosolids,
Organics, and Biogas -
Support compost associations
and local cities and agencies
in education, market
expansion activities, and
meeting mandates to buy-
back compost and other
organics diverted from landfill
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2387 E. Garcia [D]Would enact the Safe Drinking Water, Wildfire Prevention, Drought
Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce
Development Bond Act of 2022, which, if approved by the voters, would
authorize the issuance of bonds in the amount of $7,430,000,000 pursuant
to the State General Obligation Bond Law to finance projects for safe
drinking water, wildfire prevention, drought preparation, flood protection,
extreme heat mitigation, and workforce development programs. This bill
contains other related provisions.
Referred to the Assembly
Water, Parks, and
Wildlife Committee and
the Assembly Natural
Resources Committee
Watch Guiding Priorities: Support
legislation or regulations that
restrict the use of
microplastics and chemicals
of emerging concern in any
product that is disposed of
through the sewer system.
ACC-OC - NYC
LOCC - Watch
CASA - Support if
Amended
CSDA - NYC
ACWA - Favor if
amended
AB 2428 Ramos [D]The Mitigation Fee Act, requires a local agency that establishes, increases,
or imposes a fee as a condition of approval of a development project to,
among other things, determine a reasonable relationship between the fee’s
use and the type of development project on which the fee is imposed. The
Mitigation Fee Act also imposes additional requirements for fees imposed to
provide for an improvement to be constructed to serve a development
project, or which is a fee for public improvements, as specified, including
that the fees be deposited in a separate capital facilities account or fund.
This bill would require a local agency that requires a qualified applicant, as
described, to deposit fees for improvements, as described, into an escrow
account as a condition for receiving a conditional use permit or equivalent
development permit to expend the fees within 5 years of the deposit.
Referred to the Assembly
Local Government
Committee and the
Assembly Housing and
Community Development
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - NYC
ACWA - NYC
AB 2449 Rubio [D]Current law, until January 1, 2024, authorizes a local agency to use
teleconferencing without complying with specified teleconferencing
requirements in specified circumstances when a declared state of
emergency is in effect, or in other situations related to public health. This bill
would authorize a local agency to use teleconferencing without complying
with those specified teleconferencing requirements if at least a quorum of
the members of the legislative body participates in person from a singular
location clearly identified on the agenda that is open to the public and
situated within the local agency’s jurisdiction. The bill would impose
prescribed requirements for this exception relating to notice, agendas, the
means and manner of access, and procedures for disruptions. The bill would
require the legislative body to implement a procedure for receiving and
swiftly resolving requests for reasonable accommodation for individuals with
disabilities, consistent with federal law.
Referred to the Assembly
Local Government
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA -
Support/Amend
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 2536 Grayson [D]Current law requires a local agency that conducts an impact fee nexus study
to follow certain standards and practices, as specified. Current law also
requires a local agency to hold at least one open and public meeting prior to
levying a new fee or service charge, as specified. This bill would, on and
after January 1, 2023, require a local agency that imposes fees for water
connections or sewer connections, or imposes capacity charges, as
provided, and that conducts a study to support the estimate of the
reasonable cost of providing the service to follow certain standards and
practices, as defined and specified.
Referred to the Assembly
Local Government
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Oppose
CSDA - Oppose
ACWA - Oppose
unless amended
AB 2647 Levine [D]The Ralph M. Brown Act requires the meetings of the legislative body of a
local agency to be conducted openly and publicly, with specified exceptions.
Current law makes agendas of public meetings and other writings distributed
to the members of the governing board disclosable public records, with
certain exceptions. Current law requires a local agency to make those
writings distributed to the members of the governing board available for
public inspection at a public office or location that the agency designates.
This bill would instead require a local agency to make those writings
distributed to the members of the governing board available for public
inspection at a public office or location that the agency designates or post
the writings on the local agency’s internet website in a position and manner
that makes it clear that the writing relates to an agenda item for an upcoming
meeting.
Referred to the Assembly
Local Government
Committee and the
Assembly Judiciary
Committee
Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Sponsor
CASA - Support
CSDA - NYC
ACWA - NYC
AB 2771 Friedman [D]Would prohibit a person or entity from manufacturing, selling, delivering,
holding, or offering for sale in commerce any cosmetic product that contains
perfluoroalkyl and polyfluoroalkyl substances PFAS.
Referred to the Assembly
Environmental Safety and
Toxic Materials
Committee and the
Assembly Health
Committee
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - NYC
AB 2787 Quirk [D]The Microbeads Nuisance Prevention Law prohibits a person from selling or
offering for promotional purposes in the state any personal care products
containing plastic microbeads that are used to exfoliate or cleanse in a rinse-
off product, including, but not limited to, toothpaste. This bill would, on and
after specified dates that vary based on the product, ban the sale,
distribution in commerce, or offering for promotional purposes in the state of
designated products, such as leave-in cosmetics products and waxes and
polishes, if the products contain intentionally added microplastics, as
defined. The bill would exclude from this ban products consisting, in whole
or in part, of specified substances or mixtures containing microplastics. The
bill would make a violator liable for a civil penalty not to exceed $2,500 per
day for each violation.
Referred to the Assembly
Natural Resources
Committee and the
Assembly Environmental
Safety and Toxic
Materials Committee
Watch Guiding Priorities: Support
legislation or regulations that
restrict the use of
microplastics and chemicals
of emerging concern in any
product that is disposed of
through the sewer system.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 45 Portantino [D]This bill directs CalRecycle to, in consultation with ARB, to provide
assistance to local jurisdictions, including, but not limited to, any funding
appropriated by the Legislature in the annual Budget, to help them comply
with SB 1383 regulations.
Currently in the Assembly
waiting to be assigned to
committees
Watch Legislative and Regulatory
Policies: Biosolids,
Organics, and Biogas -
Support compost associations
and local cities and agencies
in education, market
expansion activities, and
meeting mandates to buy-
back compost and other
organics diverted from landfill
ACC-OC - NYC
LOCC - Watch
CASA - Support if
amended
CSDA - Support if
amended
ACWA - NYC
SB 54 Allen [D]This bill would establish the Plastic Pollution Producer Responsibility Act,
which would prohibit producers of single-use, disposable packaging or
single-use, disposable food service ware products from offering for sale,
selling, distributing, or importing in or into the state such packaging or
products that are manufactured on or after January 1, 2032, unless they are
recyclable or compostable.
Currently in the Assembly
waiting to be assigned to
committees
Watch State Priorities: Support
legislation or regulations that
restrict the use of
microplastics in any product
that is disposed of through
the sewer system.
ACC-OC - NYC
LOCC - Support in
Concept
CASA - NYC
CSDA - Watch
ACWA - NYC
SB 230 Portantino [D]Would require the State Water Resources Control Board to establish,
maintain, and direct an ongoing, dedicated program called the Constituents
of Emerging Concern Program to assess the state of information and
recommend areas for further study on, among other things, the occurrence
of constituents of emerging concern (CEC) in drinking water sources and
treated drinking water. The bill would require the state board to convene, by
an unspecified date, the Science Advisory Panel to review and provide
recommendations to the state board on CEC for further action, among other
duties. The bill would require the state board to provide an annual report to
the Legislature on the ongoing work conducted by the panel.
Currently in the Assembly
waiting to be assigned to
committees
Watch State Priorities: Monitor
state legislation as well as
State Water Resources
Control Board (SWRCB)
regulatory activity related to
PFAS.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Support
ACWA - Favor
SB 891 Hertzberg [D]SPOT BILL - This bill is a temporary spot bill dealing with stormwater
discharge compliance and permits.
Introduced Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 892 Hurtado [D]Would require the Office of Emergency Services (CalOES) to develop,
propose, and adopt reporting requirements applicable to companies and
cooperatives in the food and agriculture industry if they identify a significant
and verified cyber threat or active cyberattack. The bill would require a water
and wastewater systems sector entity serving more than 3,300 people to
report their risk assessments and emergency response plan required by the
America’s Water Infrastructure Act of 2018 to the California Cybersecurity
Integration Center, the Department of Water Resources, and the State
Water Resources Control Board.
Referred to the Senate
Governmental
Organization Committee
Watch Legislative and Regulatory
Policies: Security - Support
funding for the hardening of
essential regional facilities
such as water recycling and
sewer collection and recycling
sites.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - Oppose
Unless Amended
ACWA - Oppose
Unless Amended
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 991 Newman [D]This bill, until January 1, 2033, authorizes local agencies, defined as any
city, county, city and county, or special district authorized by law to provide
for the production, storage, supply, treatment, or distribution of any water
from any source, to use the progressive design-build process for public
works projects in excess of $5,000,000, similar to the progressive design-
build process authorized for use by the Director of General Services. The bill
would require specified information to be verified under penalty of perjury.
Introduced Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - Favor
SB 1059 Becker [D]The Water Recycling in Landscaping Act requires a recycled water
producer, as defined, if the recycled water producer determines that within
10 years they will provide recycled water that meets specified conditions
within the boundaries of a local agency, to notify the local agency of that fact
and other specified information.This bill would instead require a recycled
water producer to provide that notification if they determine that within 8
years they will provide recycled water that meets specified conditions within
the boundaries of a local agency.
Introduced Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - NYC
LOCC - Watch
CASA - NYC
CSDA - NYC
ACWA - NYC
SB 1157 Hertzberg [D]Existing law, until January 1, 2025, establishes 55 gallons per capita daily as
the standard for indoor residential water use. Existing law establishes,
beginning January 1, 2025, the greater of 52.5 gallons per capita daily or a
standard recommended by the department and the board as the standard
for indoor residential water use, and beginning January 1, 2030, establishes
the greater of 50 gallons per capita daily or a standard recommended by the
department and the board as the standard for indoor residential water use.
The bill would instead require that from January 1, 2025, to January 1, 2030,
the standard for indoor residential water use be 47 gallons per capita daily
and beginning January 1, 2030, the standard be 42 gallons per capita daily.
Introduced Watch Legislative and Regulatory
Policies: Water Quality and
Supply - Support legislation
and regulation that promote
improved water use efficiency
through state assistance in
evaluating and implementing
new programs and
technologies and increasing
public awareness of water
use efficiency.
ACC-OC - NYC
LOCC - Watch
CASA - Oppose
Unless Amended
CSDA - NYC
ACWA - Oppose
Unless Amended
Legend:ACC-OC - Association of California Cities, Orange County
LOCC - League of California Cities
NYC - Not Yet Considered
CASA - California Association of Sanitation Agencies
ACWA - Association of California Water Agencies
CSDA - California Special Districts Association
4/11/2022
1
WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC
NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA
TPA Presentation to:
Legislative and
Public Affairs
Committee
April 11, 2022
Page 2
Sacramento General Overview 2022
• Continued focus on policy committee deadlines in the first house
o April 29 for fiscal bills
o May 6 for non-fiscal bills
• COVID-19 regulations continue to ease:
o Mask Mandates
o Vaccination requirements for mega-events
o State agencies meeting in person
Legislative Update: April 11, 2022
1
2
OC6 SAN
ORANGE COUNTY SANITATION DISTRICT
4/11/2022
2
Page 3
Key Proposals in Sacramento
State of Emergency Hearing
Gas Tax Holiday
Vaccine Mandate Bill – Dead
Eviction Moratorium Extension – Passed
Legislative Update: April 11, 2022
Page 4
Executive Order N-7-22
Governor Newsom’s Drought Order
•Directs the State Water Resources Control Board to evaluate regulations to immediately reduce statewide
water use
•Calls on water suppliers to implement Level 2 of their
Water Shortage Contingency Plans
•No appetite right now to bring back the 2015 mandatory water use cutbacks
•E.O. includes emergency policies to protect vulnerable
communities and removes red tape/bureaucracy for groundwater recharge and fish and wildlife protection
projects
Legislative Update: April 11, 2022
3
4
4/11/2022
3
Page 5
2022 Priority Legislation of Interest
Bill Author Description Status
AB 1724 Stone
[D]
Would require that all washing machines sold as new
in California contain a microfiber filtration system by
2024.
Referred to the
Assembly ESTM
Committee
AB 2247 Bloom [D] Require manufacturers of Per‐and Polyfluoroalkyl
substances (PFAS) or products containing PFAS to
disclose the presence of PFAS in those products in a
publicly accessible database.
Referred to the
Assembly ESTM
Committee
AB 2536 Grayson [D] Requires that studies conducted for the impact of
fees for water connections or capacity charges
support the estimate of the reasonable cost of
providing the service to follow certain standards and
practices.
Referred to the
Assembly Local
Government
Committee
AB 2771 Friedman
[D]
Would prohibit any person from distributing, selling,
or offering for sale in the state any textile articles
that contain regulated PFAS. Requires least toxic
alternative.
Referred to the
Assembly ESTM
Committee
Legislative Update: April 11, 2022
Page 6
2022 Priority Legislation of Interest
Bill Author Description Status
AB 2787 Quirk [D] Would establish a Constituents of Emerging Concern
(CEC) Program to recommend areas for further study
on the occurrence of CECs in drinking water.
Passed Assembly
Natural Resources
Referred to
Assembly ESTM
Committee
SB 991 Newman [D] Allows local agencies that provide for the production,
storage, supply, treatment, or distribution of water to
use progressive design‐build for projects over $5
million.
Currently in the
Senate
Appropriations
Committee
SB 1157 Hertzberg [D] This bill would change the change the standards for
indoor residential water use, to reflect those
recommended by DWR and the State Water
Resources Control Board.
Passed the Senate
Natural Resources
and Water
Committee
Legislative Update: April 11, 2022
5
6
4/11/2022
4
Page 7
Cori Takkinen
Vice President
CTakkinen@townsendpa.com
www.townsendpa.com
Eric O’Donnell
Senior Associate
EODonnell@townsendpa.com
www.townsendpa.com
Thank You
Legislative Update: April 11, 2022
7
OC ~SAN T
ORANGE COUNTY SANITATION DISTRICT
WNSEND
PUBLIC AFFAIRS
EST TPA 1 98
OC San's Grant and Loan Funding Tracker 2022
Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount
Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/
Financing Y/N
The Water Infrastructure Improvements
Act (WIIN)
The Title XVI Water Reclamation and Reuse Projects funding opportunity allows for
sponsors of water reclamation and reuse projects that are congressionally authorized
or are eligible under section 4009(c) of the WIIN Act to request cost-shared funding for
planning, design and/or construction of those Projects. Water reclamation and reuse
projects provide improved efficiency, flexibility during water shortages and diversifies
the water supply.
Reclamation is making up to $20 million
available for those projects authorized under the
WIIN Act.
$3 million No Final Expansion of GWRS
Headworks (P2-122)
The Sanitation District developed a
proposal in 2019 that could be used as
a basis for a new submittal.
$20 million or 25% of
project costs
whichever is less.
6/28/2019 Water/ Infrastructure N/A
Name of Grant/Loan Synopsis of Grant/Loan Amount of Grant/Loan Amount
Applying for Applying Y/N Project/Program Reason Match Deadline Category Rcvd Grant/
Financing Y/N
Organics Grant Program (CalRecycle)
The grant program is to lower overall greenhouse gas emissions by expanding existing
capacity or establishing new facilities in California to reduce the amount of California-
generated green materials, food materials, and/or Alternative Daily Cover being sent to
landfills.
TBD if FY 2022 Grant Applications will be
available. It is possible that other organics
related applications will also be available.
TBD TBD
Food-Waste Co-Digestion facility
at Plant No.2 in Huntington
Beach to accept up to 150 wet
tons per day (wtpd) of pre-
processed source separated
organics.
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
TBD TBD Energy/Recycling Pending NOFA
Proposition 1 IRWM Grant
The Proposition 1 IRWM Grant Program, administered by DWR, provides funding for
projects that help meet the long-term water needs of the state, including: Assisting
water infrastructure systems adapt to climate change;
Providing incentives throughout each watershed to collaborate in managing the
region's water resources and setting regional priorities for water infrastructure; and
Improving regional water self-reliance, while reducing reliance on Sacramento-San
Joaquin Delta.
Due to negotiations between OC stakeholders and the
Santa Ana Watershed Project Authority (SAWPA), $7.18
Million from the Santa Ana IRWM Project Funding Area
designated for North and Central Orange County.
TBD TBD TBD No Projects Currently
Identified
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
TBD TBD Water TBD
FEDERAL
STATE
Updated 3/21/2022
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2261 Agenda Date:4/27/2022 Agenda Item No:16.
FROM:James D. Herberg, General Manager
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTH OF MARCH 2022
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Public Affairs Update for the month of March 2022.
BACKGROUND
Staff will provide an update on recent public affairs activities.
RELEVANT STANDARDS
·Maintain influential legislative advocacy and a public outreach program
·Build brand, trust, and support with policy makers and community leaders
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Listen to and seriously consider community input on environmental concerns
PROBLEM
The Orange County Sanitation District (OC San) is well-recognized within the water/wastewater
industry; however, within our service area there is limited knowledge by our customers of the
important work we do to protect public health and the environment. In general, the customers we
serve do not realize that when they improperly dispose of waste into the sanitation system, it can
negatively affect our sewer lines, our treatment plants, and the quality of water we supply to the
Groundwater Replenishment System.
PROPOSED SOLUTION
By providing tours, community outreach, education, and general communication via OC San’s
website, social media outlets, and direct mailings, we can educate the community, local agencies,
and businesses on our messaging such as the What2Flush program, energy production, water
recycling, biosolids, and our source control program. This, in turn, helps improve the quality of
wastewater that is recycled or released to the ocean.
Orange County Sanitation District Printed on 4/19/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2261 Agenda Date:4/27/2022 Agenda Item No:16.
RAMIFICATIONS OF NOT TAKING ACTION
If we do not educate the community,local agencies,and area businesses about OC San,we may not
have the support necessary to deliver our mission.
ADDITIONAL INFORMATION
Activities for the month of March 2022:
Outreach Report
An outreach report that includes tours,website postings,social media postings,construction
notifications, speaking engagements, and more is included as an attachment to this Agenda Report.
Virtual Tours
To continue engaging with the community and our stakeholders,staff conducts virtual tours of Plant
No.1 which has allowed participants an opportunity to remotely visit OC San and learn how we
protect public health and the environment.For this reporting period,we held two virtual tours
reaching 24 people.
Social Media
Over the last month,OC San remained active on our social media accounts to continue connecting
with our audience. This is a quick snapshot of what we did:
·Facebook: 19 posts and reached 2.6k people
·Twitter: 13 posts and reached 3.4k people
·Instagram: 14 posts and had 2k reached
·LinkedIn: 4 posts and had 6k reached
Presentations
This month staff provided a presentation to the Huntington Beach Southeast Council Committee
Meeting to give an update on Plant No.2 activities;and at the American Council of Engineering
Companies - Orange County Chapter regarding OC San’s Capital Improvement Program.
March Retirees
This year,as of the publication of this agenda packet,OC San has had over 30 retirements.Due to
existing social distancing guidelines,in-person gatherings are not feasible which required creativity to
celebrate and recognize those who have dedicated so many years to OC San.Each retiree is
receiving a congratulatory card signed by the General Manager and Board Chairman,kudos boards
signed by their co-workers, and a retirement plaque.
OC Science and Engineering Fair (OCSEF)
In March,nine OC San staff members participated in the fair to judge projects submitted by 6th to
12th grade students from local schools. OC San has been participating in OCSEF for over 13 years.
Heritage Museum
OC San has been working with the Heritage Museum of Orange County for the 2021-22 school year
by providing virtual content focused on OC San messaging.The material is intended to be used by
teachers to discuss with the students the importance of the work performed by OC San.With in-
person visits resuming for the museum,we have developed additional material including an
Orange County Sanitation District Printed on 4/19/2022Page 2 of 3
powered by Legistar™
File #:2022-2261 Agenda Date:4/27/2022 Agenda Item No:16.
person visits resuming for the museum,we have developed additional material including an
interactive game for the students to learn about protecting the environment.
Construction Outreach
Outreach efforts are ongoing for construction activities occurring as part of our various Capital
Improvement Program projects.Construction is actively taking place in Fountain Valley,Los
Alamitos,Seal Beach,Westminster,Buena Park,Anaheim,and within both of our treatment plants.
Website updates,email and text alerts,and notifications continue to be distributed as the projects
progress.
Internal Communication
During the month of March,we have continued to keep our employees informed of everything
happening at OC San by providing information through various platforms.We continue to post to our
internal website The San Box,working on our bi-monthly newsletter Pipeline (which will go out next
month),and we published the Digester which is a one page communication located in the bathroom
stalls.
Awards
American Academy of Environmental Engineers and Scientists (AAEES) Award
OC San recently won the Honor Award from AAEES for OC San’s contribution of Optimized Odor
Control and Cleaning in Sewer System.
California Water Environmental Association (CWEA)
OC San was recently awarded the Safety Plant of the Year by CWEA,and one of our Operators,
Anthony Chang,was awarded the Operator of the Year.Anthony won at the regional level and then
won at the state level beating out all the other states.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Outreach and Media Summary Report - March 2022
·Presentation
Orange County Sanitation District Printed on 4/19/2022Page 3 of 3
powered by Legistar™
Outreach and Media
Summary
March 2022
OC San Public Affairs Office
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 2 TWITTER POSTINGS …………………………………………………………PAGE 5
INSTAGRAM POSTINGS………………………………………………………PAGE 6
LINKEDIN POSTINGS………………………………………………………....PAGE 7
NEWS ARTICLES……………………………………………………………………………. PAGE 10
Outreach Report March 2022
Date Tours Attendees Tour Guide
03/02/2022 Cypress College 20 Pegah Behravan
03/15/2022 General Tour 4 Justin Fenton
Date Speaking Engagements/Events Attendees Presenter
03/03/2022 American Council of Engineering Companies – Orange County Chapter 50 Dean Fisher/ Raul Cuellar
03/09/2022 Orange County Science and Engineering Fair 9
Cindy Murra Jeff Brown
Dickie Fernandez Charles Falzone
Rachel Van Exel Dawn Myers David Lo Violet Renick
Shawn Carman
03/23/2022 Huntington Beach Southeast Council Committee Meeting 25 Tanya Chong
Project Area Construction Outreach Notifications # of People
Reached
Website Posts and
Text Alerts
Anaheim 1 website post/ 1 text & email alert
Los Alamitos/Seal Beach 1 printed notification 12,500 1 website post/ 1 text & email alert
Westminster 1 printed notification 4500 1 website post / 1 text alert External
Communications Distribution # of People
Reached
5 Minutes Per Month One 216
Board Member Talking Points One 50
Website Posts 5 posts 246 views
Facebook 19 posts 2.6k reached
Twitter 13 tweets 3.4k reached
Instagram 14 posts 2k reached
LinkedIn 4 posts 6k reached
1
Facebook Posts
March 2022
2
Page Overview
Discovery
0 Post reach
::.\ Post engagement
fJ New Page Followers
Interactions
• Reactions .. Comments ,. Shares ,~ Photo Views
~ Link Clicks
I
1,560
448
3
172
34
9
48
28
I
3
Posts Last 90 Days Date v
Happy #worldwaterday! OC San supplies Orange County Post Reach Engagement
Water Districtwith more than 130 million gallons a day of 16 7
treated wastewater which is then reclaimed and reused for ...
Tue, Mar 22
Happy #worldwaterday! OC San supplies @ocwd with more Post Reach Engagement
than 130 million gallons a day of treated wastewater which is 13 0
then reclaimed and reused for treatment processes, ...
Tue, Mar 22
Spring has begun! Did you know that biosolids can help Post Reach Engagement
plants grow? Biosolids can increase water infiltration and 63 5
retention in soils, which are important for plant growth ....
Mon, Mar 21
Do you know What to Flush? You should only flush the 3Ps. Post Reach Engagement
PEE, POOP, and PAPER. And we mean toilet paper. Not 392 43
"flushable" wipes, kitchen towels, or shredded printer pap ...
Sat, Mar 19
It's one thing to win at the local level, but to win at the state Post Reach Engagement
level! Guess what? OC San did THAT! CWEA just recognized 259 33
OC San for 2 major awards: First Place for Safety Plant oft ...
Fri, Mar 18
Happy St. Patrick's Day! Can you spot the leprechaun in our Post Reach Engagement
plant? While the leprechaun chases for the gold, for us the 63 10
pot of gold is always the wastewater coming into our plant.
Thu, Mar 17
The OC San Steering Committee Meeting (5 p.m.) and Board Post Reach Engagement
istrict of Directors Meeting (6 p.m.) are both happening on 63 3
AUFORMA Wednesday, March 23. Click here to view the agenda:
Wed, Mar 16
OC San is a Resource Recovery agency. Not only do we Post Reach Engagement
recycle the wastewater that comes into our treatment 82 22
facitlies, but we also recover and reuse organic solids and ...
Tue, Mar 15
4
El
...,.,.,
IEW JOI llflll!
"
istrict ..........
istrict
,istrict . .._._
There is still time to sign up for the OC San Virtual Tour this
Tuesday at noon. Visit ocsan.govltours to register for FREE!
Sun, Mar 13
It's FlashbackFriday! Let's travel back in time to 1989 and
check out the Primary Clarifiers from Plant No. 2 in
Huntington Beach. The clarifiers are covered with geodesi. ..
Fri, Mar 11
Are you an electrical engineer? Or do you know any
electrical engineers? If so, check out our latest job posting
on ocsan.gov/jobs
Thu, Mar 10
Did you know our Ocean Monitoring Program collects water
samples along 21 miles of QC beaches to test for bacteria
levels? It's true! From Seal Beach all the way to Crystal...
Wed, Mar9
A Special Operations Meeting will be held on Wednesday,
March 16 at 4 p.m. Click here to view the agenda:
Wed, Mar9
The Legislative and Public Affairs Commiittee Meeting will
be happening on Monday, March 14 at 4:30 pm. Click here to
view the agenda:
Tue, Mar 8
Congratulations to our General Manager, Jim Herberg. He
was awarded the 2022 Excellence in Advocacy Achievement
from the WateReuse Association for his contributions and ...
Tue, Mar 8
Tomorrow is the day. Saturday work starts and will be
ongoing through March. To see full details on the project
visit ocsan.gov/LosAlamitos Rossmoor Rossmoor ...
Fri, Mar4
Post Reach Engagement
116 2
Post Reach Engagement
169 12
Post Reach Engagement
109 6
Post Reach Engagement
72 6
Post Reach Engagement
50 2
Post Reach Engagement
39 0
Post Reach Engagement
387 135
Post Reach Engagement
151 8
Today is #employeeappreciationday! We wanted to say thank Post Reach Engagement
you to all of our 600+ employees here at OC San. A special 226 28
shoutout to our Maintenance Team for taking on any proje ...
The Administration Committee Meeting is happening on
Wed., March 9 at 5 p.m. Click here to view the agenda:
Wed, Mar 2
We are currently recruiting for our next Engineering
Manager. To view the full details on this position and view
other openings visit ocsan.gov/jobs #OCSanJobs ...
Wed, Mar 2
Post Reach Engagement
59 3
Post Reach Engagement
272 19
Twitter Posts
March 2022
5
-, ~SAN l#SS•i!lelia& ---Orange County Sanitation District doc~~
28 day summary w1mch.U'lfJl"tNN p,Mllnu<,1\i'r1nd
, ..... rMt1l~S>Onl
18 1'78 6% 5,3131-n 3%
Mar 2022 • 21 days so fa,.
TWEETH-c.t-LIGHTS
Top Tweet ea,t'l&d i7J 1mp,u,1om
Happy St. Pattick's Day! Can you spot the
leprechaun in our planl? While U1e
leprechaun chases for the gold, for us the
pot of gold for us always the wastewater
com mg into our pl11nt.
p1c.tw1Uer.com/DXg0Qxqn3h
..
View Tweet activity View al Tweel actiwy
Top Follower '°"°""""Y'•-
Wendy Wert
YH>nd.,Wo·u FOU.OY\ VOY
Sanitation Oisuica of Los Angflles Coun1~ Effiironme-ntal
EnQll'IMI' • F~ Planning Otpanmen1, Publi<:
1n1omiRM1,0lf10f'l.
8 1'166.7%
Top mention • .,,.., ,oeoga,i.....i,
WateReuse
Congratulations to James Herberg,
recogmzed with a WateReuse Advocacy
Achievement Award for his role In the
Groundwater Replenishment System. the
wo~d's largest project for Indirect potable
reuse. @OCSanOistrict
pic.tw,uer.corn/LPpwG43,ok
AOVOCACV .ACHU:VEHENT
Top media Tweet N ntf'd sso ~n11rf'~.•.IOl'I~
Congratulations to our Gener11l Mam1ger,
Jim Herberg. He was aw11rded the 2022
Excellence 1n Advocacy Achievement from
the WateReuse Association for his
contributions and Impact 10 the water wottd.
To learn more visit ocsan.gov
pic.twiner.com/8KtH9muWSN
... '-' .
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-1,738
Get your Tweets In front of
more people
Proo\OfM lw~s and CQO!f>fll opP.lfl up your
re&ci"J on TwinM to mor& peop&.
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MAR~:'SIIMM.\RV -13 3,468
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1
I
Instagram Posts
March 2022
6
I
ocsanrnsmc, Ed;t Pmfil• V
776 posts 1,242 followers 82 following
OC Sanitation District
The OC Sanoanon D1s01ct provfoes wastewater collection, treatment, and recycling for
approx 2.6 million people in central & north Orange County.
youtu.be/9rEOR8DQJM
__ ~s~
NEW JOB ALERT!
Electrical Engineer
I
LinkedIn Posts
March 2022
7
I
Analytics
Last 30 day activity
599
Search appearances 8
Last 7 days
227
Unique visitors
45
New followers
8.3K
Post impressions
15
Custom button clicks
I
& 13.9%
& 12.5%
& 190%
& 36.4%
8
Orange County Sanitation District ~~ .Ho4 followers
3d •($)
It's one thing to win at the local level, but to win at the state level! Guess what?
OC San did THAT! CWEAjust recognized OC San for 2 major awards: First Place
for Safety Plant of the Year and Operator of the Year. Visit www.ocsan .... see more
Orange County Sanitation District
~ 3,564 followers
lw•\$)
CV.EA
Are you an electrical engineer? Or do you know any electrical engineers? If so,
check out our latest job posting on ocsan.gov/jobs
~SAN
ORANGE COUHTV SANrfATION DISTRCT
NEW JOB ALERT!
Electrical Engineer
Apply now ot
ocsan.gov/jobs
9
Orange County Sanitation District
0... ~SAN 3, S64 io~IO\Ners
Zw •®
Congratulations to our General Manager, Jim Herberg. He was awarded the 2022
Excellence in Advocacy Achievement from the WateReuse Associatjon for his
contributions and impact to the water world. To learn more visit ocsan.gov
6SAN
OflANGE OOUtffY .....-.ATIOII OlfJNCT
Cfl G,na Ayala and 122 ol~ers 24 cotr'ments • 2 shafes
Oranqe County San tat,on District
Article Date Resource Link
State council approves strategy to reduce microplastics
flowing into sea 24-Feb-22 OC Register
https://www.ocregister.com/2022/02/23/state-
council-urges-key-steps-to-halt-the-flow-of-
microplastics-into-sea/
Sewage Spill Closes Portion of Newport Harbor for
Swimming 25-Feb-22 Newport Beach Independent
https://www.newportbeachindy.com/newport-
beach-city-manager-update-helicopter-crash-
sewage-spill-be-well-oc/
Long Beach closes beaches after thousands of gallons of
sewage spills into L.A. River 1-Mar-22 KTLA 5
https://ktla.com/news/local-news/long-beach-
closes-beaches-after-thousands-of-gallons-of-
sewage-spills-into-l-a-river/
Los Alamitos Newsletter - OC San Construction 3-Mar-22 Los Alamitos Newsletter
https://www.ocsan.gov/home/showdocument?id
=32607&t=637835564124982532
Jim Herberg has been awarded the Excellence in Advocacy
Achievement Award 8-Mar-22 Press Release
https://www.ocsan.gov/home/showpublisheddoc
ument/32562
Advocacy Achievement Video: James Herberg 8-Mar-22 WateReuse
https://watereuse.org/news-events/awards/past-
award-winners/watereuse-award-winners-2022/
WateReuse Announces 2022 Awards for Excellence and
President's Awards 8-Mar-22 Pumps and Systems
https://www.pumpsandsystems.com/news/2022-
03-08/watereuse-announces-2022-awards-
excellence-and-presidents-awards
Los Alamitos Newsletter - OC San Construction 18-Mar-22 Los Alamitos Newsletter
https://www.ocsan.gov/home/showdocument?id
=32605&t=637835564109513732
What if it were possible to eliminate 99.9% of PFAS —
“forever chemicals” — from our water, food waste and
landfills?22-Mar-22 Waste 360
https://www.waste360.com/wastewater/elimina
ting-forever-chemicals-and-increasing-clean-
water-access-orange-county-calif
10
4/11/2022
1
Public Affairs Update
April 2022
Presented by:
Daisy Covarrubias,
Pr. Public Affairs Spec.
Legislative and
Public Affairs
Committee
April 11, 2022
• Orange County Science and
Engineering Fair
• Retiree Announcements
• Construction Outreach
• OC Register Water Insert
• PAO Strat Plan development
• Wastewater 101 Citizen
Academy
• Heritage Museum
• Internal Communication
• Social Media
What We Did
Tours
2 tours / 24 guests
Social Media
Twitter:
13 tweets / 3.4k reached
Facebook:
19 posts / 2.6k reached
Instagram:
14 posts / 2k reached
LinkedIn:
4 posts/ 6k reached
2
1
2
C rJ ~fffl
4/11/2022
2
What We Are Doing
3
• Construction Outreach
• Internal Communication
• Social Media
• Welcome Back Employees
• Santa Ana Watershed Boards
•Awards
Awards
4
ASCE‐OC
State College
Construction Project
3
4
Santa Ana River Watershed
STEERING COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2285 Agenda Date:4/27/2022 Agenda Item No:17.
FROM:James D. Herberg, General Manager
Originator: Riaz Moinuddin, Director of Operations and Maintenance
SUBJECT:
SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL GENERATION FACILITIES’
CARBON MEDIA CHANGE-OUT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve a Sole Source Purchase Order Contract to Carbon Activated Corporation to change out
granular activated carbon media for Biogas Cleaning Systems at Plant Nos. 1 and 2 Central
Generation (Cen-Gen) Facility, for a total amount not to exceed $236,500 through June 30, 2022.
BACKGROUND
Orange County Sanitation District (OC San) Plant Nos. 1 and 2 Cen-Gen facilities use granular
activated carbon to remove siloxane, volatile organic carbon (VOC), and sulfur compounds from
digester gas. Removal of these constituents is necessary to meet air compliance standards and
maintenance requirements. Specifically, failure to remove these compounds will result in damage to
both the reductive and oxidation catalysts necessary to control engine emissions.
Two vessels are used in series at Plant No. 1 and three vessels are used at Plant No. 2. The first
vessel is used as the primary tank for roughing and the second vessel is used for polishing the
residual compounds from the biogas. The third vessel at Plant No. 2 is used as a standby vessel.
Each vessel has three layers of activated carbon media with different specifications to remove
targeted components from biogas. OC San has many years of experience with the different kinds of
granular activated carbon specifications and has determined the recommended mix provides the
necessary contaminate removal for the longest period. Other mixes or specifications have been
found to become exhausted or ineffective much more quickly.
The Board of Directors approved a contract to EnviroSupply & Service Inc. in May of 2020 to supply
the specified granulated activated carbon change outs. EnviroSupply & Services Inc. has been
unable to provide the specified granulated activated carbon media for the Cen-Gen facility carbon
vessels due to supply chain problems. A $70,000 Sole Source Contract was issued to an alternate
vendor, Carbon Activated Corporation, in February 2022 to change out two vessels in order to buy
time to resolve this problem. EnviroSupply & Services Inc. is still unable to supply the specified
product, so staff is in the process of rebidding the service. A bridge contract to change out five
expended vessels is required to allow time to complete the bid and award process.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2285 Agenda Date:4/27/2022 Agenda Item No:17.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·24/7/365 treatment plant reliability
·Protect OC San assets
PROBLEM
The activated carbon media have a limited capacity to absorb targeted contaminants.When the
carbon absorption material is fully consumed,the medium is exhausted and must be replaced.The
contracted supplier is not able to supply the necessary material due to supply chain problems.
A $70,000 Sole Source Purchase Order was issued to Carbon Activated Corporation in February
2022 to change media for two carbon media vessels.Staff expected this procurement to provide
enough time for the current vendor to supply the required media;however,the vendor under contract
continued to be unable to provide the specified carbon media and fulfill the contract requirements.
PROPOSED SOLUTION
Staff recommends amending the service contract with Carbon Activated Corporation to change out
an additional five carbon media vessels to bridge the service while a new bid and award process is
completed.This recommendation includes the original $70,000 for the first two vessels and
$166,500 for an additional five vessel change-outs for a total of $236,500.
TIMING CONCERNS
With the exhaustion of the carbon media in the biogas cleaning system,siloxane and hydrogen
sulfide break-through will occur and the Cen-Gen facilities will not be able to meet air quality permit
requirements.
RAMIFICATIONS OF NOT TAKING ACTION
The inability to clean digester gas will result in the inability to meet AQMD air permit requirements
using digester gas at both Central Generation Plants. Digester gas will be flared at both plants.
PRIOR COMMITTEE/BOARD ACTIONS
May 2020 -Awarded a service contract to EnviroSupply &Service Inc.for Plant Nos.1 and 2 Central
Generation Facility Fuel Gas Cleaning System,Carbon Change-Out (replacement);Specification No.
S-2020-1130BD,for a total amount not to exceed $240,702 for the period July 1,2020 through June
30, 2021, with four (4) one-year renewal options; and approved a contingency of $24,071 (10%).
ADDITIONAL INFORMATION
In February 2022,staff contacted two additional vendors and requested a price quote for carbon
change-out based on specified granulated activated carbon.Two quotes were received for carbon
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File #:2022-2285 Agenda Date:4/27/2022 Agenda Item No:17.
vessel media change-out as listed below, for an additional five vessel change-outs.
Price Quotes
Company Bid Amount Comments
Carbon Activated
Corporation
$33,300 (including labor
costs) per vessel
Responsive Recommended
Unison Solutions $40,630 (not including labor
costs) per vessel
Responsive
EnviroSupply & Service Inc.Non-responsive Current vendor
In April 2022,staff confirmed the above quotes and the ability to deliver the carbon media with two
vendors. The current vendor could not provide the material.
FINANCIAL CONSIDERATIONS
This request complies with OC San’s Purchasing Ordinance authority levels.This item has been
budgeted in the FY 2021-22 Budget, Divisions 830 and 840, line item 65 Operating Budget.
Date of Approval Contract Amount Contingency
February 2022 $ 70,000 (GM approved)
04/27/2022 $ 166,500
$ 236,500 (Total NTE)
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2249 Agenda Date:4/27/2022 Agenda Item No:18.
FROM:James D. Herberg, General Manager
Originator: Kelly A. Lore, Clerk of the Board
SUBJECT:
CONTINUATION OF TELECONFERENCED PUBLIC MEETINGS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Adopt Resolution No. OC SAN 22-13 entitled, “A Resolution of the Board of Directors of the Orange
County Sanitation District authorizing the continuation of Remote Meetings pursuant to Government
Code Section 54953”.
BACKGROUND
Under Section 54943(b)(3), a legislative body may use teleconferencing in connection with any
meeting if it posts agendas in all teleconference locations, identifies each teleconference location in
the meeting notice, makes each teleconference locations accessible to the public, and allows
members of the public to address the legislative body from each teleconference location.
On September 16, 2021, Governor Newsom signed AB 361. The bill amends Government Code
Section 54943 to allow legislative bodies to use teleconferencing for public meetings without
complying with the requirements of Section 54943(b)(3) if 1) the Governor has proclaimed a state of
emergency and the County of Orange recommends social distancing for vulnerable populations, and
2) the legislative body has determined that meeting in person would present an imminent risk to the
health of Board Members, staff, and the public. The first condition is currently satisfied because the
Governor’s proclaimed State of Emergency remains in effect, and the County of Orange currently
recommends measures to promote social distancing for vulnerable populations. In addition, the
following facts support a finding by the Board that meeting in person would present an imminent risk
to the health of Board Members, staff, and the public:
·While effective COVID-19 vaccines are widely available, many Orange County residents have
not been vaccinated.
·In order to slow down the transmission of COVID-19, public health officials recommend that
unvaccinated persons avoid gatherings and practice social distancing.
·Some individuals who contract COVID-19 have no symptoms or have only mild symptoms and
are therefore unaware that they carry the virus and may be transmitting it to others.
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ORANGE COUNTY SANITATION DISTRICT
File #:2022-2249 Agenda Date:4/27/2022 Agenda Item No:18.
·Older adults and individuals with medical conditions are at higher risk of severe illness from
COVID-19.
·The age,condition,and health of a significant portion of residents within the Orange County
Sanitation District’s (OC San)jurisdiction place them at risk for serious health complications,
including hospitalization and death, from COVID-19.
·Younger and otherwise healthy people are also at risk for serious health problems and may
transmit COVID-19 to others.
In order to hold remote meetings without complying with Section 54943(b)(3),the legislative body
must:1)give notice of the means by which members of the public may access the meeting and offer
public comment,2)provide a call-in or internet based option,and 3)provide an opportunity for the
public to address the legislative body in real time.Microsoft Teams will allow OC San to comply with
the second and third requirements.
RELEVANT STANDARDS
·Comply with Government Code Section 54943
·Commitment to safety & reducing risk in all operations
·Provide a safe and collegial workplace
PROBLEM
Surges in COVID-19 cases have been reported across California as well as the country.The state of
emergency continues to directly impact the ability of the members of the OC San Board of Directors
and its Board Committees to meet safely in person,and OC San officials continue to impose or
recommend measures to promote social distancing in OC San facilities.
PROPOSED SOLUTION
OC San staff recommends Board of Directors,and its Board Committees meetings continue to
remain fully virtual,provided the public has the ability to participate,and the Board of Directors adopt
a resolution every 30 days to continue using the relaxed Brown Act teleconferencing requirements.
TIMING CONCERNS
If the Resolution is not adopted,Board of Directors and Committee meetings will be required to meet
in person pursuant to Government Code Sections 54950, et seq.
PRIOR COMMITTEE/BOARD ACTIONS
April 13,2022 -Adopted Resolution No.OC SAN 22-12 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
March 23,2022 -Adopted Resolution No.OC SAN 22-11 entitled,“A Resolution of the Board of
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File #:2022-2249 Agenda Date:4/27/2022 Agenda Item No:18.
March 23,2022 -Adopted Resolution No.OC SAN 22-11 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
February 23,2022 -Adopted Resolution No.OC SAN 22-08 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
January 26,2022 -Adopted Resolution No.OC SAN 22-02 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
January 12,2022 -Adopted Resolution No.OC SAN 22-01 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
December 15,2021 -Adopted Resolution No.OC SAN 21-24 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
November 17,2021 -Adopted Resolution No.OC SAN 21-20 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
October 27,2021 -Adopted Resolution No.OC SAN 21-15 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing the Continuation of Remote Meetings
pursuant to Government Code Section 54953”.
October 6,2021 -Adopted Resolution No.OC SAN 21-14 entitled,“A Resolution of the Board of
Directors of the Orange County Sanitation District authorizing Remote Meetings pursuant to
Government Code Section 54953”.
ADDITIONAL INFORMATION
The Board of Directors must make certain findings by majority vote every 30 days to continue using
the relaxed Brown Act teleconferencing requirements pursuant to Government Code Section 54953
(e).
CEQA
N/A
FINANCIAL CONSIDERATIONS
N/A
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ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 22-13
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OC SAN 22-13-1
RESOLUTION NO. OC SAN 22-13
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AUTHORIZING THE CONTINUATION OF REMOTE MEETINGS PURSUANT TO GOVERNMENT CODE SECTION 54953
WHEREAS, Government Code Section 54953(e) allows a legislative body to hold
remote meetings through teleconferencing without complying with the requirements of
Government Code Section 54953(b)(3), subject to certain conditions and requirements;
and
WHEREAS, on March 4, 2020, the Governor proclaimed a State of Emergency
based on the threat of COVID-19, and the State of Emergency remains in effect; and
WHEREAS, based on the threat of COVID-19, the County of Orange recommends
measures to promote social distancing for vulnerable populations; and
WHEREAS, while effective COVID-19 vaccines are widely available, many Orange
County residents have not been vaccinated; and
WHEREAS, in order to slow down the transmission COVID-19, public health
officials recommend that unvaccinated persons avoid gatherings and practice social
distancing; and
WHEREAS, some individuals who contract COVID-19 have no symptoms or have
only mild symptoms and are therefore unaware that they carry the virus and may be
transmitting it to others; and
WHEREAS, older adults and individuals with medical conditions are at higher risk
of severe illness from COVID-19; and
WHEREAS, sustained COVID-19 community transmission continues to occur; and
WHEREAS, the age, condition, and health of a significant portion of residents
within the Orange County Sanitation District’s jurisdiction place them at risk for serious
health complications, including hospitalization and death, from COVID-19; and
WHEREAS, younger and otherwise healthy people are also at risk for serious
health problems and may transmit COVID-19 to others; and
OC SAN 22-13-2
WHEREAS, the Board of Directors of the Orange County Sanitation District finds
that the conditions stated above have caused, and will continue to cause, conditions of
peril to the safety of persons within the Orange County Sanitation District that are likely
beyond the control of services, personnel, equipment, and facilities of the Orange County
Sanitation District.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. The conditions described in Government Code Section 54953(e) are
present, in that (a) the Governor has proclaimed a state of emergency and the County of
Orange recommends social distancing for vulnerable populations, and (b) the Board of
Directors has determined that meeting in person would present an imminent risk to the
health of Board members, staff, and the public based on the circumstances described
above.
Section 3. The Board of Directors and the Committees of the legislative body
shall conduct its meetings as authorized by Government Code Section 54953(e) and
comply with the requirements set forth therein.
Section 4. The General Manager of the Orange County Sanitation District is authorized and directed to take all actions necessary to carry out the intent and purpose
of this Resolution, including conducting open and public meetings in accordance with Government Code Section 54953(e) and other applicable provisions of the Brown Act. Section 5. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a Regular meeting of the Board of Directors held
April 27, 2022.
________________________________ John B. Withers Board Chairman
OC SAN 22-13-3
ATTEST:
______________________________ Kelly A. Lore, MMC Clerk of the Board
APPROVED AS TO FORM:
______________________________ Bradley R. Hogin General Counsel
OC SAN 22-13-4
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OC SAN 22-13 was passed
and adopted at a regular meeting of said Board on the 27th day of April 2022, by the
following vote, to wit:
AYES: NOES: ABSTENTIONS: ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of Orange County Sanitation District this 27th day of April 2022.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2275 Agenda Date:4/27/2022 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Designated Representatives: General Manager James Herberg, Assistant General Managers
Lorenzo Tyner and Rob Thompson, Director of Human Resources Celia Chandler, and Chief
Negotiator Laura Kalty.
Employee Organizations: (3)
International Union of Operating Engineers, Local 501; Orange County Employees Association; and
the Supervisors and Professionals Group.
BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the
Board, the Chairperson may convene the Board in closed session to consider matters of pending real
estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential
litigation; (c) employment actions or negotiations with employee representatives; or which are exempt
from public disclosure under the California Public Records Act, may be reviewed by the Board during
a permitted closed session and are not available for public inspection. At such time the Board takes
final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
·Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Memorandum from General Counsel
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1425979.1
555 A N T O N B O U L E V A R D, SU I T E 12 0 0
C O S T A ME S A , CA 9 2 6 26-7 6 70
(714) 558-7000
MEMORANDUM
TO: Hon. Chair and Members of the Orange County Sanitation District Board of
Directors
FROM: Bradley R. Hogin, Esq.
General Counsel
DATE: April 18, 2022
RE: Closed Session Items
The Board of Directors will hold a closed session on April 27, 2022 for the purpose of
conferring with its labor negotiators to discuss negotiations with the International Union of
Operating Engineers Local 501, the Orange County Employees Association, and the Supervisors
and Professionals Group. The Agency Designated Representatives are James Herberg, Lorenzo
Tyner, Rob Thompson, Celia Chandler, and Chief Negotiator Laura Kalty. The closed session
will be held pursuant to authority of California Government Code Section 54957.6.
Respectfully submitted,
By: __________________________
Bradley R. Hogin, General Counsel
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater.
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.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.