HomeMy WebLinkAbout09-29-2021 Board Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspends portions of the Brown Act which addresses the conduct of public meetings. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which continues the suspension of portions of the Brown Act which addresses the conduct of public meetings through September 30, 2021.
The General Manager and the Chairman of the Board of Directors have determined that due to the size of the Orange County Sanitation District’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. The Board of Directors meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx You may submit your comments and questions in writing for the Board’s consideration in advance of the meeting by using the eComment feature available via the webpage above 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”. Submit your written comments by 6:00 p.m. on
Tuesday, September 28, 2021.
You may also submit comments and questions for the Board’s consideration during the
meeting by using the eComment feature that will be available via the webpage above for the duration of the meeting. All public comments will be provided to the Board and may be read into the record or
compiled as part of the record.
Thank you.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
September 22, 2021
NOTICE OF SPECIAL MEETING
BOARD OF DIRECTORS
ORANGE COUNTY SANITATION DISTRICT
Wednesday, September 29, 2021 – 6:00 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Due to the spread of COVID-19, the Orange County Sanitation District
will be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be
available to the public online at:
https://ocsd.legistar.com/Calendar.aspx
The Special Meeting of the Board of Directors of the Orange County Sanitation District will be held in the manner indicated above on Wednesday, September 29, 2021 at 6:00 p.m.
Upcoming Meetings:
GWRS Steering Committee - Monday, October 11, 2021 at 5:00 p.m. Steering Committee - Wednesday, October 27, 2021 at 5:00 p.m. Board Meeting - Wednesday, October 27, 2021 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
September 29, 2021
October 27, 2021
November 17, 2021 *
December 15, 2021 *
January 26, 2022
February 23, 2022
March 23, 2022
April 27, 2022
May 25, 2022
June 22, 2022
July 27, 2022
August 24, 2022
* Meeting will be held on the third Wednesday of the month
ORANGE COUNTY SANITATION DISTRICT Effective 7/13/2021 BOARD OF DIRECTORS Complete Roster
AGENCY/CITIES ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim Stephen Faessel Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut
Cypress Paulo Morales Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
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 Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark A. Chirco Ron Bates
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 Sergio Contreras
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
BOARD OF DIRECTORS
Special Meeting Agenda
Wednesday, September 29, 2021 - 6:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the Sanitation District’s Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District’s website at www.ocsd.com
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. Please contact the Clerk of the Board's office at (714) 593-7433 to request the audio file.
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
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
CALL TO ORDER
(Board Chairman John Withers)
INVOCATION AND PLEDGE OF ALLEGIANCE
Steve Jones, City of Garden Grove
ROLL CALL AND DECLARATION OF QUORUM
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. The Board of Directors meeting will be available to the public online at:
https://ocsd.legistar.com/Calendar.aspx.
You may submit your comments and questions in writing for the Board of Directors consideration in advance of
the meeting by using the eComment feature available via the webpage above 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”. Submit your written comments by 6:00 p.m. on
September 28, 2021.
You may also submit comments and questions for the Board of Directors consideration during the meeting by
using the eComment feature that will be available via the webpage above for the duration of the meeting. All
public comments will be provided to the Board of Directors and may be read into the record or compiled as part of
the record.
SPECIAL PRESENTATIONS:
1.2021-1851EMPLOYEE SERVICE AWARDS
30-year Service Awards
Ron Cortez - Operations Supervisor, Division 830
Tyler Hoang - Lead Plant Operator, Division 830
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.
Page 1 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
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.
2.2021-1860APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Board of Directors held August 25,
2021.
Originator:Kelly Lore
Agenda Report
08-25-2021 Board Meeting Minutes
Attachments:
RECEIVE AND FILE:
3.2021-1424CAPITAL IMPROVEMENT PROGRAM ANNUAL REPORT
RECOMMENDATION:
Receive and file the Capital Improvement Program Annual Report for Fiscal Year
2020-2021.
Originator:Kathy Millea
Agenda Report
CIP Annual Report 2020-21
Attachments:
4.2021-1548COMMITTEE MEETING MINUTES
RECOMMENDATION: Receive and file the following:
A. Minutes of the Operations Committee Meeting held July 7, 2021
B. Minutes of the Legislative and Public Affairs Committee Meeting held July 12, 2021
C. Minutes of the Administration Committee Meeting held July 14, 2021
D. Minutes of the Steering Committee Meeting held July 28, 2021
Originator:Kelly Lore
Agenda Report
07-07-2021 Operations Committee Minutes
07-12-2021 LaPA Committee Minutes
07-14-2021 Administration Committee Minutes
07-28-2021 Steering Committee Minutes
Attachments:
Page 2 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
5.2021-1698REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF AUGUST 2021
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of August 2021.
Originator:Lorenzo Tyner
Agenda Report
Investment Transactions for the Month of August 2021
Attachments:
OPERATIONS COMMITTEE:
6.2021-1840PUMP STATION PORTABLE GENERATOR CONNECTORS, PROJECT
NO. FE19-01
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Pump Station Portable
Generator Connectors, Project No. FE19-01;
B. Award a Construction Contract to Pacific International Electric Company, Inc.,
dba Pacific Industrial Electric, for Pump Station Portable Generator Connectors,
Project No. FE19-01, for an amount not to exceed $1,207,479; and
C. Approve a contingency of $120,748 (10%).
Originator:Kathy Millea
Agenda Report
FE19-01 Contract Agreement & Exhibit A
Attachments:
7.2021-1841CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT
SERVICES SPECIFICATION NO. S-2021-1255BD
RECOMMENDATION:
A. Approve a Service Contract with Jamison Engineering for Condition Assessment
On-Call Contractor Support Services, Specification S-2021-1255BD, for the
period of November 1, 2021 through October 31, 2022, for a total amount not to
exceed $783,470, with four, one-year renewal options; and
B. Approve an annual contingency of $78,347 (10%).
Originator:Kathy Millea
Agenda Report
S-2021-1255BD Contract & SOW
Attachments:
Page 3 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
8.2021-1842EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2,
PROJECT NO. FE19-06
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for EPSA Motor Cooling
Improvements at Plant No. 2, Project No. FE19-06;
B. Award a Construction Contract to Mehta Mechanical Company Inc. dba MMC
Inc. for EPSA Motor Cooling Improvements at Plant No. 2, Project No. FE19-06,
for a total amount not to exceed $854,000; and
C. Approve a contingency of $85,400 (10%).
Originator:Kathy Millea
Agenda Report
FE19-06 Contract
Attachments:
9.2021-1843ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION:
Receive and file the Engineering Program Contract Performance Report for the period
ending June 30, 2021.
Originator:Kathy Millea
Agenda Report
CIP Contract Report Period Ending 2021-06-30
Attachments:
10.2021-1844PLANT NO. 2 PRIMARY DISTRIBUTION STRUCTURE B GATES
REPAIR
RECOMMENDATION:
A. Approve a Service Contract to J.R. Filanc Construction Co. to repair ten slide
gates for Plant No. 2 Primary Distribution Structure, per Specification No.
S-2021-1249BD, for a total amount not to exceed $309,500, including sales tax
and freight; and
B. Approve a contingency of $46,425 (15%).
Originator:Rob Thompson
Agenda Report
S-2021-1249BD Final Contract and SOW
Attachments:
Page 4 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
11.2021-1845FLEET PURCHASE OF REPLACEMENT VEHICLES, LIGHT DUTY
TRUCKS, AND MEDIUM DUTY TRUCKS FOR FY21-22
RECOMMENDATION:
A. Approve a Purchase Order to National Auto Fleet Group to purchase one Ford
F550 service body utility truck and five Ford F250 service body utility trucks
using Sourcewell Cooperative Contract No. 120716-NAF, for a total amount of
$326,408; and
B. Approve a 5% contingency of $16,321.
Originator:Rob Thompson
Agenda ReportAttachments:
12.2021-1846ON-CALL MAINTENANCE AND REPAIR MASTER SERVICES
CONTRACTS - SPECIFICATION NO. S-2021-1234BD
RECOMMENDATION:
A. Approve Master Services Contracts to provide on-call maintenance and repair
services, Specification No. S-2021-1234BD, for a one-year period effective
December 1, 2021 through November 30, 2022, with two, one-year renewal
options, in accordance with Ordinance No. OC SAN-56, Section 2.03(F), with
the seven qualified firms, for bids less than $300,000:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O’Connell Engineering & Construction, Inc.; and
B. Authorize the General Manager to add or delete firms as necessary to maintain
a qualified base of up to seven firms in accordance with the Request for
Qualifications Specification No. S-2021-1234BD.
Originator:Rob Thompson
Agenda Report
S-2021-1234BD - Jamison Engineering Contractors Inc
S-2021-1234BD - Charles King Company
S-2021-1234BD - J R Filanc Construction Co Inc
S-2021-1234BD - Shimmick Construction Inc
S-2021-1234BD - W A Rasic Construction Company, Inc
S-2021-1234BD - Kiewit Infrastructure West Co
S-2021-1234BD - O'Connell Engineering & Construction, Inc
Attachments:
Page 5 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
13.2021-1847PROCUREMENT OF 21 ELECTRIC CARTS
RECOMMENDATION:
A. Approve a Purchase Order to Southwest Toyota Lift for the purchase of 21
electric carts using OMNIA Partners Cooperative Contract No. EV2671 for a
total amount not to exceed $432,283, including tax and freight; and
B. Approve a contingency of $21,615 (5%).
Originator:Rob Thompson
Agenda ReportAttachments:
14.2021-1848MANHOLE FRAME AND COVER SERVICES, SPECIFICATION NO.
S-2021-1258BD
RECOMMENDATION:
A. Approve a Service Contract to Ayala Engineering, Inc. to provide Manhole
Frame & Cover Replacement Services, Specification No. S-2021-1258BD, for a
total amount not to exceed $992,105 for the period beginning November 1, 2021
through October 31, 2022, with four, one-year renewal options; and
B. Approve a contingency of $148,816 (15%).
Originator:Rob Thompson
Agenda Report
Service Contract S-2021-1258BD
Attachments:
15.2021-1849AGREEMENT FOR PURCHASE OF ANIONIC POLYMER,
SPECIFICATION NO. C-2021-1252BD
RECOMMENDATION:
A. Approve a Chemical Supplier Agreement to Polydyne, Inc. for the purchase of
Liquid Anionic Polymer, Specification No. C-2021-1252BD, for the period of
November 1, 2021 through October 31, 2022, for a unit price of $4.50 per active
pound delivered, plus applicable sales tax for a total estimated annual amount of
$685,125, with four, one-year renewal options; and
B. Approve an annual unit price contingency of 10%.
Originator:Rob Thompson
Agenda Report
C 2021-1252BD Chemical Agreement
Attachments:
Page 6 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
16.2021-1850REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
RECOMMENDATION:
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the
Orange County Sanitation District and the Orange County Transportation Authority
agreeing to a funding increase for the relocation and protection of the Redhill Relief
Sewer at State Route 55 in the City of Santa Ana.
Originator:Kathy Millea
Agenda Report
OCTA First Amendment to Utility Agreement OCSD-1005
OCTA Utility Agreement OCSD-1005
Presentation - Redhill Relief OCTA
Attachments:
ADMINISTRATION COMMITTEE:
17.2021-1856GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO
THE PRE-APPROVED OEM SOLE SOURCE LIST
RECOMMENDATION:
A. Receive and file Orange County Sanitation District purchases made under the
General Manager’s authority for the period of April 1, 2021 to June 30, 2021;
and
B. Approve the following additions to the pre-approved OEM Sole Source List for
the period of April 1, 2021 to June 30, 2021:
·CBS Arcsafe - Remote Switch Actuators
·MILTON ROY - Pumps and Equipment
·MONTEREY BAY AQUARIUM RESEARCH INSTITUTE (MBARI) - Ocean
Mooring Support
·RDI TECHNOLOGIES, INC. - Iris M and Iris MX Systems
·SEAL ANALYTICAL, INC - DEENA Automated Digestion System, Parts, and
Software
Originator:Lorenzo Tyner
Agenda ReportAttachments:
18.2021-1857REIMBURSEMENTS TO BOARD MEMBERS AND STAFF
RECOMMENDATION:
Receive and file report of reimbursements to Board Members and Staff per
Government Code Section 53065.5 for the period July 1, 2020 through June 30, 2021.
Page 7 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
Originator:Lorenzo Tyner
Agenda Report
20-21 Employee Reimbursement Report
Attachments:
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
19.2021-1863PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND
AUGUST 2021
RECOMMENDATION:
Receive and file the Public Affairs Update for the months of July and August 2021.
Originator:Jim Herberg
Agenda Report
Outreach Report July and August
Presentation - PAO Update
Attachments:
20.2021-1864LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF
JULY/AUGUST 2021
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of July and August 2021.
Originator:Jim Herberg
Agenda Report
2021.09.13 Federal Update - ENS
Federal Legislative Matrix - ENS
2021.09.13 State Update - TPA
State Legislative Matrix - TPA
Grant Matrix 2021-2022
Presentation - ENS Federal Legislative Update
Presentation - TPA State Legislative Update
Attachments:
STEERING COMMITTEE:
None.
NON-CONSENT:
None.
Page 8 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
INFORMATION ITEMS:
21.2021-1871STRATEGIC PLAN 2021
RECOMMENDATION:
Information Only.
Originator:Jim Herberg
Agenda Report
Proposed Strategic Plan 2021
Strategic Plan 2019
Attachments:
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 2021-1881CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 2
A. Initiation of litigation regarding permittee: Aseptic Technology and Beverage
Visions, LLC.
B. Potential initiation of eminent domain litigation regarding property owned by
Bayside Village Marina, LLC.
Agenda Report
CS-1A Board Memo Aseptic Litigation
CS-1B Board Memo Eminent Domain Litigation
Attachments:
Page 9 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
CS-2 2021-1882CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 3
A. Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo
Tyner; and Does 1-100, inclusive. Superior Court of California, County of
Orange, Case No. 30-2020-01149812-CU-WT-CJC.
B. Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors,
Officers, Officials, Agents and Celia Chandler, Director of Human Resources
and Does 1 through 10, Superior Court of California, County of Orange, Case
No. 30-2021-01208616-CU-OE-CJC.
C. Raul Palazuelos v. Orange County Sanitation District, a government entity;
Richard Kwiecien, an individual; and Does 1 through 100, inclusive. Superior
Court of California, County of Orange, Case No.
30-2021-01217839-CU-OE-CJC.
Agenda Report
CS-2A Board Memo re Blazevic Litigation
CS-2B Board Memo re Janz Litigation
CS-2C Board Memo re Palazuelos Litigation
Attachments:
CS-3 2021-1879CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE
SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Agency Designated Representatives: General Manager Jim Herberg, Assistant
General Manager Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Employee Organizations: International Union of Operating Engineers, Local 501;
Orange County Employees Association; and the Supervisors and Professionals Group.
Agenda Report
CS-3 Board Memo re Labor Negotiations
Attachments:
CS-4 2021-1880CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No.
440-132-60.
Page 10 of 11
BOARD OF DIRECTORS Special Meeting Agenda Wednesday, September 29, 2021
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, and Controller Wally Ritchie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
Agenda Report
CS-4 Board Memo re Real Property
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.
ADJOURNMENT:
Adjourn the Board meeting until the Regular Meeting of the Board of Directors on October 27,
2021 at 6:00 p.m.
Page 11 of 11
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1860 Agenda Date:9/29/2021 Agenda Item No:2.
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 Meeting of the Board of Directors held August 25, 2021.
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 August 25, 2021
Orange County Sanitation District Printed on 9/20/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
ORANGE COUNTY SANITATION DISTRICT
MINUTES
BOARD OF DIRECTORS
AUGUST 25, 2021
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
BOARD OF DIRECTORS Minutes August 25, 2021
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 August 25, 2021 at 6:02 p.m. in the
Administration Building. Director Anthony Kuo delivered the invocation and led the Pledge of
Allegiance. Chair Withers announced that the meeting was being held telephonically and via
audio/video teleconferencing in accordance with the Governor's Executive Order No. N-29-20,
due to the Coronavirus Pandemic (COVID-19). Chair Withers announced the meeting
guidelines.
ROLL CALL AND DECLARATION OF QUORUM
The Clerk of the Board declared a quorum present as follows:
PRESENT:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
STAFF MEMBERS PRESENT: General Manager Jim Herberg, Clerk of the Board Kelly Lore,
and Joshua Martinez were present in the Board Room. Assistant General Manager Lorenzo
Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea,
Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Andrew Brown, Jennifer Cabral, Tanya Chong, Raul Cuellar, Brian Engeln, Laurie
Klinger, Tina Knapp, Laura Maravilla, Jeffrey Mohr, and Thomas Vu participated
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and Gary Weisberg, Associate Counsel,
were present in the Board Room.
PUBLIC COMMENTS:
No public comment was provided.
Clerk of the Board Kelly Lore stated that late communication was received regarding a
change to the attachment on Item No. 8 which was provided to the Directors and made
available to the public.
SPECIAL PRESENTATIONS:
1.EMPLOYEE SERVICE AWARDS 2021-1789
Originator: Kelly Lore
Chair Withers recognized:
Page 1 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
25-year Service Award
Brian Bingman - Engineering Supervisor, Division 770
REPORTS:
Chair Withers announced that the Board Member talking points regarding OC San activities
for assistance with agency reporting would be made available tomorrow.
Chair Withers reported on plans for the Board and Committee meetings to return to in-person
public meetings beginning with the Operations Committee on October 6. He stated that the
Board will receive communication in the near future announcing the return, along with
expectations to comply with OC San’s COVID protocols. Should the Governor's executive
order be extended to allow the continuance of virtual meetings, OC San will remain in a virtual
format.
Chair Withers reminded the Board Members that the September Steering and Board meeting
date was changed from September 22 to the 29th. The Clerk will send out a reminder.
General Manager Jim Herberg reported on fund transfers within the Biosolids Account Pool
from one contract to another, as deemed necessary to effectively manage biosolids. He
stated that $1,600,000 was moved from the Tule Ranch contract to increase the Nursery
Products and the Liberty Compost account by $800,000, each to ensure sufficient funds were
available to sustain these contracts through the end of the year.
Mr. Herberg reported on the current status of the phased return to office plan wherein 25% of
remote workers recently moved back onsite. Mr. Herberg stated that due to the current up tick
in COVID-19 cases in our community and onsite, the escalation of additional workers
returning to office has paused, and we will remain at our current capacity until we begin to see
the numbers resume back in a downward trend.
Mr. Herberg stated that the final 2021-2022 GM Work Plan was presented to the Steering
Committee this evening. He provided a brief explanation of this year’s plan for the Board and
stated that a change was made to a goal which was provided to the Board by the Clerk .
CONSENT CALENDAR:
2.APPROVAL OF MINUTES 2021-1788
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Board of Directors held July 28, 2021.
Page 2 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
3.CORRECTIONS TO THE 2021-2022 BUDGET - ERRATA
INFORMATION
2021-1811
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the incorporation of adjustments and corrections into the 2021-22 Fiscal Year
Budget.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
RECEIVE AND FILE:
4.COMMITTEE MEETING MINUTES 2021-1547
Originator: Kelly Lore
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
A.Minutes of the GWRS Steering Committee Meeting held April 12, 2021.
B.Minutes of the Steering Committee Meeting held June 23, 2021.
C.Minutes of the Operations Committee Meeting held July 7, 2021.
D.Minutes of the Administration Committee Meeting held July 14, 2021.
5.REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH
OF JULY 2021
2021-1697
Originator: Lorenzo Tyner
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Page 3 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
Report of the Investment Transactions for the month of July 2021.
6.2021 ORANGE COUNTY SANITATION DISTRICT NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES
PERMIT NO. CA0110604, ORDER R8-2021-0010)
2021-1795
Originator: Lan Wiborg
WITHOUT OBJECTION ACTION TAKEN TO RECEIVE AND FILE THE FOLLOWING:
Receive and file the U.S. Environmental Protection Agency (EPA) National Pollutant
Discharge Elimination System (NPDES) Permit No. CA0110604 and Santa Ana
Regional Water Quality Control Board Waste Discharge Requirements Order No.
R8-2021-0010.
PUBLIC HEARING
7.COLLECTION OF SEWER SERVICE CHARGES VIA THE TAX ROLL 2021-1708
Originator: Lorenzo Tyner
Chair Withers opened the public hearing at 6:15 p.m. and hearing no comment or
objections, closed the public hearing.
MOVED, SECONDED, AND DULY CARRIED TO:
Page 4 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
A.Conduct a public hearing to receive input on a report filed with the Clerk of the
Board entitled: “Sewer Service Charges for Collection on Tax Rolls for Fiscal
Year 2021-22”:
1. Open the Public Hearing
2. Receive staff report and recommendations
3. Report of written communications by Clerk of the Board
4. Public Comment
5. Close Public Hearing
6. Discussion by Board of Directors;
B. Unless there is a majority protest, adopt the report, which has the assessor’s
parcel numbers and amount of charges for collection on the tax rolls;
C. Adopt Resolution No. OC SAN 21-13 entitled “A Resolution of the Board of
Directors of the Orange County Sanitation District adopting the Report proposing
to collect Sewer Service Fees on the Tax Roll for Fiscal Year 2021/2022”;
D. Authorize execution of the “Certification of Assessment”;
E. Direct staff to file a certified copy of the adopted Resolution, Report, and the
Certification of Assessment with the County Auditor-Controller; and
F. Direct staff to coordinate collection of sanitary sewer service charges on the
general Orange County tax rolls with the County Auditor-Controller, Assessor,
and Tax Collector.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
OPERATIONS COMMITTEE:
None.
ADMINISTRATION COMMITTEE:
None.
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE:
None.
Page 5 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
STEERING COMMITTEE:
8.GENERAL MANAGER’S FISCAL YEAR 2021-22 WORK PLAN 2021-1816
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Approve the General Manager’s Fiscal Year 2021-22 Work Plan.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
9.BAY BRIDGE PUMP STATION FORCE MAIN ISOLATION VALVE
REPLACEMENT, PROJECT NO. FRC-0013
2021-1819
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
A. Ratify Approval of an Emergency Repair Service Contract to Charles King
Company for Bay Bridge Pump Station Force Main Isolation Valve Replacement,
Project No. FRC-0013, for an amount not to exceed $289,585; and
B. Approve a contingency of $144,793 (50%).
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
10.BAY BRIDGE PUMP STATION VALVE REPLACEMENT, PROJECT
NO. FRC-0002
2021-1820
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 6 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
Approve a contingency increase of $269,100 (45%) to the service contract with
Innovative Construction Solutions for Bay Bridge Pump Station Valve Replacement,
Project No. FRC-0002, Specification No. S-2020-1192BD, for a total contingency of
$328,900 (55%).
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
NON-CONSENT:
11.TREASURER’S REPORT FOR THE FOURTH QUARTER ENDED
JUNE 30, 2021
2021-1703
Originator: Lorenzo Tyner
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Orange County Sanitation District Fourth Quarter Treasurer’s
Report for the period ended June 30, 2021.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
12.GENERAL MANAGER’S COMPENSATION AND BENEFITS 2021-1815
Originator: Celia Chandler
Mr. Herberg left the Board Room for discussion on this item.
Chair Withers provided a report on the General Manager's performance evaluation.
MOVED, SECONDED, AND DULY CARRIED TO:
Page 7 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
Approve a performance-based non-base building lump sum merit payment of 2.5% for
the General Manager based on Fiscal Year 2020/2021 job performance, as authorized
in Resolution No. OCSD 19-12.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad
Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and Jesus
Silva
ABSTENTIONS:None
INFORMATION ITEMS:
13.2020-21 FISCAL YEAR BUDGET - FINANCIAL CLOSING UPDATE 2021-1813
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner provided a report on changes to the closing
of the 2020-21 fiscal year budget.
ITEM RECEIVED AS AN:
Information Item.
14.ORANGE COUNTY SANITATION DISTRICT LEVELS OF SERVICE 2021-1799
Originator: Jim Herberg
Assistant General Manager Rob Thompson provided a presentation outlining OC San's
proposed Levels of Service meant to align with the upcoming Strategic Plan.
RECEIVED AS AN:
Information Only.
AB 1234 DISCLOSURE REPORTS:
Director Dave Shawver reported on his recent virtual tour of the GWRS expansion and
requested that the Board of Directors be offered the same tour in the future.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.9(d)(4), 54956.9(d)(1) & 54956.8.
Page 8 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
The Board convened in closed session at 6:55 p.m. to hear three items. 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 ANTICIPATED
LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(4)
2021-1817
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Potential initiation of eminent domain litigation regarding property owned by Bayside
Village Marina, LLC.
CS-2 CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION -
GOVERNMENT CODE SECTION 54956.9(d)(1)
2021-1818
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Bayside Village Marina, LLC v. Orange County Sanitation District; Orange County
Sanitation District Board of Directors; and Does 1-25, Inclusive, Superior Court of the
State of California for the County of Orange - Central Justice Center Case No.
30-2021-01194238-CU-WM-CXC.
CS-3 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1823
CONVENED IN CLOSED SESSION:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No.
440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, and Controller Wally Richie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
RECONVENE IN REGULAR SESSION.
The Board reconvened in regular session at 7:25 p.m.
Page 9 of 10
BOARD OF DIRECTORS Minutes August 25, 2021
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin reported the Board of Directors voted unanimously in Closed
Session to:
Approve the appraisal of Back Bay Landing at Coast Highway and Bayside Drive in Newport
Beach for OC San Pump Station Bay Bridge Pump Station Expansion Project dated August
25, 2021;
Authorize staff to offer Bayside Village Marina, LLC $4,417,486 for the real property interests
described in the appraisal and that are needed to construct the project; and
Authorize staff to reimburse Bayside Village Marina, LLC for the reasonable costs of an
independent appraisal not to exceed $5,000.
AYES:Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, 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, Chad Wanke, John Withers and Chad Zimmerman
NOES:None
ABSENT:Rose Espinoza, Johnathan Ryan Hernandez, Kim Nichols and
Jesus Silva
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
At 7:27 p.m., Chair Withers adjourned the meeting until the Special Meeting of the Board of
Directors to be held on Wednesday, September 29, 2021 at 6:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 10 of 10
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1424 Agenda Date:9/29/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CAPITAL IMPROVEMENT PROGRAM ANNUAL REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Capital Improvement Program Annual Report for Fiscal Year 2020-2021.
BACKGROUND
The Capital Improvement Program Annual Report summarizes and highlights achievements of active
Capital Improvement Program projects, financial data, and contract activities for Fiscal Year 2020-
2021. This report is updated annually.
RELEVANT STANDARDS
·Ensure the public’s money is wisely spent
·Build brand, trust, and support with policy makers and community leaders
·Make it easy for people to understand OC San’s roles and value to the community
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Capital Improvement Program Annual Report Fiscal Year 2020-2021
KM:sa:gc
Orange County Sanitation District Printed on 9/22/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
We Can Do So Much
Capital Improvement Program
ANNUAL REPORT
Fiscal Year 2020/21
ORANGE COUNTY SANITATION DISTRICT
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
2 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 3
To protect public health and the environment by providing
effective wastewater collection, treatment, and recycling.
Our Mission
Letter from the Director of Engineering 5
Agency Background 7
Capital Improvement Program Overview 8
Who We Are 9
Planning 12
Design 16
Construction 22
Community Outreach Program 27
Financial Data 28
Contract Activity 32
Board of Directors 42
Table of Contents
4 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 5
Letter from the Director of Engineering
On the first page of this Capital Improvement Program Annual Report for Fiscal Year
2020-21, OC San’s mission is clearly stated. And despite the
adjustments we have had to make in our work practices due to
the global pandemic of COVID-19, we never wavered from
our mission: to protect public health and the environment.
Living through a pandemic has taught us many lessons. As
an Engineering Department, we have had to become more
innovative on how we do our jobs. Instead of physical site
visits, we used technology and photographic images to host
virtual job walks. In person face-to-face meetings became
video conferences. Patience and skills sets were strengthened
with technology and internet connections. I’m not sure how many
times I have been told “you’re muted” during an online meeting! Our strong working
relationships carried us through. We worked, hand in hand, as a team and I am
extremely proud of the collaborative energy and the work produced.
Many thought the pandemic would have thrown a wrench in our work, but we quickly
adapted and made modifications along the way. Despite it all, Fiscal Year 2020-21 was
one of our busiest and most productive years, issuing over $475 million of construction
contracts for over 20 capital projects. We highlight several of these notable projects in
this report. I am thrilled to see the commitment the team put forth with planning studies
and design efforts and transitioning those projects into construction. It brings great
pleasure to take part in the adventure with the team.
Because together, we can do so much.
Kathleen T. Millea, P.E.
Director of Engineering
TOGETHER
Top row: Chris Forrest (Construction Inspector) , Dana Andrews (Sr. Construction Inspector), Phil Sullivan (Construction Inspector).
Middle: Tony Acayan (Engineer), Mike O’Reilly (Construction Inspector), Michelle Spengler (Engineering Assistant II), Liz Lapite
(Administrative Assistant), Matthew Perry (Engineering Associate), Hye Oh (Engineer), Mickey Whitney (Sr. Construction Inspector)
Bottom: Scott Ahn (Engineer), Valerie Ratto (Sr. Engineer), Consultant, Chris Cervellone (Engineering Supervisor retiree), Eros
Yong (Engineering Manager), Consultant.
6 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 7
Service Area Agency Background
The Orange County Sanitation District (OC San) provides regional wastewater
collection, treatment, and recycling to 2.6 million people within a 480-square mile
service area in central and northwest Orange County, CA.
Official operations began in 1954 as the County Sanitation District of Orange County.
In 1998, the agency consolidated and changed its name to Orange County Sanitation
District. In October 2020, the agency rebranded to OC San and updated the logo to
reflect the water resource recovery agency it has become, evolving from the basic
wastewater collection and treatment of the past. Valuable resources are recovered
from wastewater treatment, principally water, energy, and agricultural fertilizer.
Today, OC San has two operating facilities located in Fountain Valley and Huntington
Beach. Over 180 million gallons a day of wastewater is collected, treated, and
either safely released five miles offshore in the Pacific Ocean or further treated by
our partners, the Orange County Water District for the Groundwater Replenishment
System. OC San maintains nearly 400 miles of regional pipelines in the collection
system and 15 off-site pump stations.
Sewer pipelines
Plant No. 1 (P1)
Plant No. 2 (P2)
Pump Stations
Unincorporated Orange County(white areas)
LEGEND
Offshore Pipeline5 miles long
10-foot diameter
OC San Emergency Outfall1.5 miles long6.5-foot diameter
IRVINE
ANAHEIM
ORANGE
SANTAANA
FULLERTON
BREA
TUSTIN
YORBALINDA
HUNTINGTONBEACH
COSTAMESA
GARDENGROVE
SEALBEACH
BUENAPARK
NEWPORTBEACH
LAHABRA
WESTMINSTER
CYPRESS
PLACENTIA
FOUNTAINVALLEY
STANTONLOSALAMITOS
VILLAPARK
LAPALMA
PacificOcean
P1
P2
Aerial view of digesters at Plant No. 1 along
the Santa Ana River in Fountain Valley.
..
• •
8 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 9
Capital Improvement Program Overview
The Capital Improvement Program (CIP) is OC San’s long-term plan to maintain its
infrastructure — the vast network of facilities, pipelines, and pump stations to provide
wastewater collection, treatment, and recycling services. The CIP is reviewed annually,
approved by the Board of Directors, and capital projects are developed and prioritize
to meet the levels of service. Over $5.8 billion of CIP spending is projected over the
next 20 years.
Key drivers for CIP projects include increased wastewater flow capacity, regulations,
strategic initiatives, and the need for rehabilitation and replacement. As many of OC
San’s existing facilities near the end of their useful life, the main driver for many of the
CIP projects today focus on rehabilitation and replacement to ensure reliable service
to recycle treated wastewater for indirect potable reuse and discharge clean water into
the Pacific Ocean.
This document is an annual report of OC San’s CIP for the fiscal year starting July 1,
2020 and ending June 30, 2021. The CIP program included over 30 active construction
projects and a net CIP expenditure of over $160 million.
The activities address a range of projects, with notable efforts on finalizing designs and
laying the foundation for significant multi-year construction projects for the replacement
and rehabilitation of existing facilities such as the Headworks, Primary Treatment, and
over eight miles of the Western Regional Sewers in the collection system.
Who We Are
The Engineering Department is responsible for the planning and execution of the CIP.
It is comprised of dedicated team members, from the development and maintenance
of a comprehensive CIP, project management delivery, engineering design, and
construction management.
Although these numbers are representative of the Engineering Department, the
overall success of the CIP Program involves the teamwork and collaboration across
the agency.
Engineering Department Stats
113 Full-Time Employees
9 2020-21 New Hires
67 Licensed Engineers
75 Employees with Advanced Degreesor Certifications
92 Resides in Orange County
Years of Service
59% 0-10 years
24% 11-20 years
8% 20-25 years
9% over 25 years
View of the construction project site of the Outfall
Low Flow Pump Station Project at Plant No. 2 in
Huntington Beach.
10 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 11
MEET THE ENGINEERING
12 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 13
DOWN and OUT
OC San’s ocean outfall is a five mile
long, 120-inch diameter pipeline that
sits on the ocean floor to take treated
water out to sea. The Ocean Outfall
Condition Assessment and Scoping
Study includes a condition assessment,
3D scanning and modeling, port cleaning
and clearing, and a study on the impacts
of low flows through the outfall. To perform
the interior inspection, a remote operated
vehicle was lowered into the surge tower
at Plant No. 2 and made its journey down
the outfall taking video and sonar images
along the way.
Planning studies and reports are conducted to evaluate all areas of
OC San assets to determine its condition. Results are used to help
develop and prepare the design level scopes and work elements
necessary to ensure assets are able to meet level of service
requirements for future CIP projects.
Planning Together
A crane slowly lowered a remote operated vehicle unit into the
surge tower at Plant No. 2 in Huntington Beach.
-
•
'
14 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 15
Living with our Faults
Planning studies are conducted to assess and evaluate different components of each
treatment plant, collection system, new technologies, etc. The Active Fault Location
Study at Plant No. 2 provided a site-specific fault analysis of OC San’s Huntington
Beach facility. Plant No. 2 is bounded by Brookhurst Street, the Santa Ana River, and
the Talbert Marsh wetland. The wetland, Pacific Coast Highway, and the Huntington
State Beach separates Plant No. 2 from the Pacific Ocean.
The Plant No. 2 site spans a portion of the Newport-Inglewood fault zone. Geotechnical
data from soil borings and cone penetration tests were collected from within and
along the perimeter of Plant No. 2. The collected data was analyzed to identify the
locations of active faults, which will be used in planning for future siting of facilities, and
developing engineering design and seismic resiliency strategies.
Know Your Worth
OC San continues to evaluate and manage critical and major assets to ensure
essential wastewater infrastructure can provide the necessary levels of service.
OC San’s infrastructure must be able to operate day and night, 24 hours a day. The
replacement value of these assets is worth $10.7 billion, and it is critical to know
the condition and identify performance issues. The annual Asset Management Plan
reviews and updates the ongoing and future CIP to appropriately manage risks,
improve resiliency and reliability, and lower lifecycle costs.
##################
##
##
##############
########################
####
##########
##########
##################################################################
##########
####
############
####
####
######
##########################################################
##
####
##
##
##
##
##
####################################
####################
##################
##
##
##
####
##
##
############
##
################
##
####
##
####
####
########
########
####################
################
####################
##################
##
######################
######
############
######################
######
##########
######
######
######################
####
##
############
##
##
####
##
##
####
########
############
##
##
##
########
##############
##
########################
######################
##
##################################
####################
##
##
##
####
####
####
##
##
########
######
##
##########
##
##
########
##
####
######
##
##
##
##
########
N
o
r
t
h
B
r
a
n
c
h
M
o
n
o
c
l
i
n
e
Fault Displacement Hazard Zones
ACTIVE FAULT STUDY AT OCSD PLANT NO. 2
Lettis Consultants International, Inc.Figurebase image: May 2002 Plant 2 orthophoto
0 250 500ft
0 75 150m
Map projection and scale:NAD83 StatePlane Zone 6 ft, 1:4,200
(N
area of no data, 100 ft buffer of CPTs withdepth of Talbert Aquifer information
Smaller secondary fault
Larger secondary fault
North Branch Monocline
zone and boundary(faults encountered within zone)
Fault Displacement Hazard Zones
50-ft buffer to account for uncertainty
Smaller secondary fault
Larger secondary fault
North Branch Monocline
site boundary
5-1
DRAFT
Broo
k
h
u
r
s
t
S
t
.
Sa
n
t
a
A
n
a
R
i
v
e
r
Tal
b
e
r
t
M
a
r
s
h
Orange County Sanitation District, California
2020 Asset Management Plan
This vehicle is used for cone
penetration tests. A cone
penetrometer is pushed down
100 feet into the ground and
resistance information is recorded
as it goes down to generate
a profile of the subsurface
conditions.
Map of fault displacement hazard zones at Plant No. 2
in Huntington Beach.
Cover page of OC San’s 2020 Asset Management Plan.
16 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 17
Design Collaboration
The dedication to the design of each project requires teamwork and collaboration. It
demands countless hours, months, and years to effectively work together and produce
a final design that OC San is willing to invest in for the upgrade and betterment of its
infrastructure. During this reporting period, highlights demonstrating the design team’s
efforts include finalizing designs and transitioning large capital projects into construction.
Amid the COVID-19 pandemic, OC San continued to prepare for the well-being of Orange
County’s future, issuing over $475 million of CIP construction contracts.
The Next Generation
The Temperature-Phased Anaerobic Digestion (TPAD) Digester Facility
at Plant No. 2 will construct six new thermophilic digesters and six new Class
A batch tanks. The new system will team’s long-term resource recovery and
operational benefits, providing reliable service to ratepayers and replacing aging
infrastructure with improved technology and innovative solutions. The current
digesters are over 40 - 60 years old. This next generation of digesters will make
improvements in biogas and methane production, solids and organics removal,
pathogen reduction, and dewaterability over conventional digesters. The new
digesters will produce Class A biosolids that would expand the key reuse options
from non-food crop application to food crop application in California and Arizona,
landscaping amendments, and compost.
This project is currently in Preliminary Design, with Construction expected to begin
in 2025. Preliminary rendering of the new TPAD digester facility at the southwest corner
of Plant No. 2 in Huntington Beach.
~.~
r .-' -• 1', ill, ,.....
~ __ -_)i ~~---
-L ',
II.: ___ ,.,.._, .. _:-_
18 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 19
Fixer to Fabulous
The Headworks Rehabilitation at Plant No. 1 is getting a makeover. The Metering
and Diversion Structure, Bar Screen Building, Headworks Odor Control Scrubbers,
electrical power distribution and control systems are some of the project elements that
will be rehabilitated and upgraded with new pumps, motors, and equipment. This is a
complex project that will require work to be performed in prescribed sequence while
maintaining the facility at all times.
“Renewing our facilities is really important and being able to do this
while keeping everything operating without interruption can become
a real challenge. Good planning and a lot of collaboration is the only
way to be successful…it takes a lot of specific knowledge and a lot
of attention to detail to pull it off safely.” – Dean Fisher, Construction
Management Manager
Design was finalized and the project moved to Construction during
this reporting period. This is OC San’s biggest construction contract to date at over
$222 million. Construction is anticipated to be completed in 2028.
Aerial view of the Headworks Rehabilitation
Project at Plant No. 1 in Fountain Valley.
The Metering and Diversion Structure will
be rehabilitated as part of the Headworks
Rehabilitation at Plant No. 1 project.
20 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 21
On the Streets
The streets are about to get busy with construction. As part of the Rehabilitation of the
Western Regional Sewers, the Orange-Western Sub-Trunk & Los Alamitos Trunk
Sewer Rehabilitation will be making a presence in the cities of Anaheim, Buena Park,
Cypress, Los Alamitos, Seal Beach, and unincorporated area of Rossmoor. Over eight
miles of pipelines and 100 manholes will be either rehabilitated or replaced.
Design was finalized during this reporting period. The $17.8-million construction
contract will begin Fall 2021 and be completed in 2023.
Back to Basics
The basics of wastewater treatment are preliminary, primary, and secondary stages.
The A-Side Primary Clarifiers Replacement at Plant No. 2 will construct four new
primary clarifiers. Preliminary treated wastewater settles in these large circular tanks
and solids are removed. Although the concept of wastewater treatment has not
changed much, this project will also include upgraded odor control, improved pump
station maintainability, and more resilient power distribution.
Design was finalized during this reporting period. The $111-million construction
contract will begin Fall 2021 and be completed in 2026.
For the Future
OC San has always planned for the long-term, developing progressive roadmaps and
facilities master plans for the agency to maintain and build the necessary infrastructure.
A new administrative Headquarters Complex will be constructed across the street
from Plant No. 1, allowing various administrative staff dispersed throughout the plant to
come together in a centralized location. This will allow ten aging buildings and temporary
trailers to be demolished, preserving space for future wastewater infrastructure. The
three-story office building will include an educational center, public lobby, surface
parking, and pedestrian bridge connecting the new building to Plant No. 1.
Engineered wood, or mass timber, will be used throughout the design of the office
building. The material is strong, fire resistant, aesthetically pleasing, efficient, reduces
carbon footprint, and works alongside other materials as a structural element. The new
building is slated for LEED (Leadership in Energy and Environmental Design) Gold
certification.
Design was finalized during this reporting period. The $102.5-million construction
contract will begin Fall 2021 and be completed in 2023.
Aerial view of the existing Primary Clarifiers
at Plant No. 2 in Huntington Beach.
Architectural rendering of the building and
bridge at night, view from Ellis Avenue.
Architectural rendering of the front lobby with mass timber elements.\ .,,,.. ~
~ ,.. __ .. ______ ___,;:;,~-
22 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 23
Construction During COVID
OC San collects, treats, recycles, and disposes more than 180 million gallons
of wastewater every single day, a service which is vital, crucial, and critical
to the everyday lives in central and northern Orange County. As COVID-19
was declared a pandemic, California issued a statewide executive order
mandating residents to stay at home except to maintain continuity of operations
of essential services. Despite the uncertainties of the COVID-19 global
pandemic, construction at OC San continued to ensure reliability of its essential
infrastructure.
On the Westminster Blvd. Sewer Project, a 30-inch diameter steel
pipe is being installed through the intersection of Westminster Blvd.
and Bolsa Chica Rd. in the City of Westminster.' ' -
24 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 25
Time for a Split
The Groundwater Replenishment System (GWRS), a partnership between OC San
and the Orange County Water District, is the world’s largest water purification system.
To increase the production rate, it’s time to split the Headworks Modifications at Plant
No. 2 in Huntington Beach to expand GWRS by separating reclaimable from non-
reclaimable flows. When Final Expansion of GWRS is completed, we will be able to
recycle 100 percent of reclaimable secondary effluent.
Construction commenced Spring 2020 and is anticipated to be completed Winter 2023.
The Work Must Go On
As office staff acclimated to working from home, construction ramped up on the
Westminster Blvd. Sewer Project to replace a critical infrastructure, a dual force main
system spanning three miles in the cities of Seal Beach and Westminster. “Essential
service” was one of the popular COVID buzz phrases of 2020, and for OC San, that is
exactly what it was. This project had to go on to meet our responsibility of providing the
reliable infrastructure needed to protect public health.
Construction commenced Spring 2020 and is anticipated to be completed late 2022.
End of the Road
With a new larger pipeline constructed as part of the Newhope-Placentia Trunk
Replacement, Segment B Project, up to an additional eight million gallons per day
of sewer flows will be diverted to Plant No. 1 for treatment and further treated at the
Groundwater Replenishment System. It’s the end of the road as this project wraps
up construction. After three years of construction along State College Boulevard, the
streets will be fully returned to the City of Anaheim after roadway paving and median
restoration are completed.
Construction commenced Fall 2018 and is anticipated to be completed Fall 2021.
Senior Construction Inspector Matt Goldsmith overlooking the
Westminster Blvd. Sewer Project in the City of Seal Beach.
On the Headworks Modifications at Plant No. 2 Project in Huntington Beach,
a 72-inch diversion pipe transition piece is being installed for the influent
metering structure.
26 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 27
Community Outreach Program
A Virtual Connection
The Community Outreach Team works closely and collaboratively as a team to deliver
transparent communications of its capital improvement projects. OC San has a very
proactive community outreach approach, aiming to start communications early and to
get stakeholders engaged.
Community outreach plays a significant role in the overall success of the CIP. A variety
of tools and resources are used to broaden reach to the public. With a program
designed to connect with the people, the global COVID-19 pandemic with stay-at-
home orders, face masks, and social distancing required a more virtual presence.
It is fortunate we are in a time that technology is so prevalent, allowing the program
to face the pandemic challenges head on and make positive use of the internet, text
messaging, and virtual meetings.
Process Junction,
What’s Your Function?
This project also supports the GWRS Final Expansion. Because all reclaimable flows
will be recycled with the final expansion, less flow will be pumped out the five mile long
ocean outfall pipeline to the ocean. The Outfall Low Flow Pump Station at Plant No. 2
will construct a new pump station to handle the lower flows more efficiently and replace
the plant water pump station to maintain separation of reclaimable and non-reclaimable
flows.
A new junction structure will deliver secondary effluent from the trickling filter process
to the new Outfall Low Flow and Plant Water Pump Stations.
Construction commenced Spring 2019 and is anticipated to be completed Fall 2024.
View of the new wet well for the Outfall Low Flow Pump Station (right) and wet well
for the Plant Water Pump Station (left). At the top is the new Junction Structure.
When construction is completed, most of the infrastructure will be underground, and
only a few feet of the top of the junction structure will be above ground.
Principal Public Affairs
Specialist and State
College Sewer Project
Community Liaison
Daisy Covarrubias at
a virtual community
outreach meeting.
<
24/7 Construction Hotline
Notificatlons/Alerts
Website updates
• Email and teJ<t alerts
• Social Media Posts
• Community meetings and
presentations
I .. ~ -=-. -.":::.::.,-.~--...._.. ..... ,. ·~ ::.."::".:.~::2=:::-.. _
« .... ...___.._. ................. ~-__ ,. _____ ,"'-.. I
I llC.•~-... _,.
n
! /
I
I
28 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 29
Financial Data
The Capital Improvement Program (CIP) budget is thoroughly reviewed, validated,
and approved annually by the Board of Directors as part of OC San’s overall budget
process. The cashflow, or CIP outlay, is forecasted based on predicted expenditures
throughout the various phases of active projects.
During the pandemic, the work produced by the CIP never wavered. In fact, the
CIP outlay actuals of $161.3 million not only met but exceeded planned projections.
Joint Facilities
$59.8 million37.1%
Non-Engineering
$2.9 million1.8%
Plant No. 1
$23.5 million14.6%
Plant No. 2 $29.6 million18.3%
Collection System
$45.5 million28.2%
Collection System
$547 million18.4%
Joint Facilities
$464 million15.6%
Non-Engineering
$15 million0.5%
Plant No. 1
$739 million24.9%
Plant No. 2
$859 million28.9%
Future Rehabilitation
and Replacement
$349 million11.7%
The net CIP outlay for the next 10 years is $2.97 billion, with many projects primarily
focused on rehabilitation and replacement at both facilities and throughout the
collection system. Projects that have not been fully scoped yet are represented as
future rehabilitation and replacement. Non-engineering projects are expenses from
Information Technology and Operations and Maintenance.
FY2020-21
CIP Expenditures
$161.3 Million
Ten Year Net CIP OutlayFY2021-22 through FY 2030-31$2.97 Billion
30 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 31
Budget/Actuals $120 M$138 M
$0
$50 M
$100 M
$150 M
$200 M
$250 M
$161 M$123 M
FY 16-17
$225 M$163 M
Projected
Actuals
LEGEND
FY 17-18
$302 M
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24
$285 M
$300 M
$350 M
FY 24-25
$283 M
FY 25-26
$336 M
FY 26-27
$348 M
FY 27-28
$322 M
FY 28-29
$323 M
$400 M
FY 29-30
$281 M
FY 30-31
$267 M
Program Cash Flow
Just as the agency name and logo has evolved over time, so has the CIP. From
creating the initial infrastructure to provide basic wastewater collection and treatment,
expanding capacity for future growth, to now focusing on aging infrastructure and
maximizing resource recovery. With guidance from OC San’s Board of Directors, we
have a strong rehabilitation and replacement CIP program.
The chart below shows the historical expenditures over the past five years and the
projected CIP budget for the next ten years. Starting FY 22-23, you see a trend of
future CIP spending over $250 million annually!
Annual Net CIP Outlay
Westminster Blvd. Sewer Project in action in
the city of Westminster. A driving lane in each
direction is kept open while the work takes place
in the median area.
! • ' . -' •• .
• t
'
\
..
•
'
-j
32 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 33
Contract Activity
The following tables show the contracts awarded (rounded to the nearest thousand)
between July 1, 2020 through June 30, 2021. Small capital or non-engineering projects
from Information Technology and Operations and Maintenance are not listed.
PLANNING STUDIES CONTRACTS AWARDED
Location(s) Project No. Project Name Consultant Amount of Award Date of Award
Plant No. 1 PS19-03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc.$275,000 October 2020
Plant Nos. 1 and 2 PS20-04 Power Generation Overhaul Feasibility Study Brown and Caldwell $123,000 March 2021
Plant Nos. 1 and 2 RE20-02 Chemical Resilience Study at Plant Nos. 1 and 2 Hazen and Sawyer $279,000 June 2021
DESIGN CONTRACTS AWARDED
Location(s) Project No. Project Name Consultant Amount of Award Date of Award
Plant No. 2 P2-128 TPAD Digester Facility at Plant No. 2 Brown and Caldwell $39,300,000 July 2020
Costa Mesa, Irvine 7-65 Gisler - Red Hill Interceptor Rehabilitation CDM Smith Inc. $1,754,000 October 2020
Plant No. 2 P2-126 Warehouse, Electrical Substation and 12kV Service Center Replacement at Plant No. 2
Stantec Consulting Services, Inc.$4,876,000 November 2020
Orange 2-49 Taft Branch Improvements Woodward and Curran $2,200,000 February 2021
Newport Beach 7-68 MacArthur Force Main Improvements Michael Baker International, Inc. $500,000 May 2021
CONSTRUCTION CONTRACTS AWARDED
Location(s) Project No. Project Name Contractor Amount of Award Date of Award
Plant Nos. 1 and 2 J-127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2
Innovative Construction Solutions
$275,000 July 2020
Fullerton FE19-09 Newhope - Placentia Trunk Grade Separation Replacement Repairs
Charles King Company, Inc. $123,000 September 2020
Plant No. 2 FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2
MMC, Inc. $1,134,000 December 2020
Plant No. 1 P1-105 Headworks Rehabilitation at Plant No. 1 Kiewit Infrastructure West Co. $222,330,000 February 2021
Plant No. 1 P1-135 Digester Ferric Chloride Piping Replacement at Plant No. 1 PPM Contracting $515,000 February 2021
Plant No. 2 FE18-15 Plant Boiler System Relief at Plant No. 2 MMC, Inc. $230,000 April 2021
Anaheim, Buena Park, Cypress, Los Alamitos, Seal Beach, unincorporated County of Orange
3-64A & 3-64B Orange-Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation
Steve P. Rados, Inc. $17,775,000 May 2021
Plant No. 1 P1-128A Headquarters Complex at Plant No. 1 Swinerton Builders $102,545,000 May 2021
Plant No. 2 P2-98A A-Side Primary Clarifiers Replacement at Plant 2 PCL Construction, Inc.$111,406,000 May 2021
Construction in progress of a new junction structure on the Outfall
Low Flow Pump Station project at Plant No. 2 in Huntington Beach.
34 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 35
CONSTRUCTION CONTRACTS COMPLETED
Location(s) Project No. Project Name Contractor Total Contract Amount
Date of Completion
Brea FE17-01 Carbon Canyon Pipeline Sag Repairs Mike Prlich and Sons, Inc. $455,118 August 2020
Plant Nos. 1 and 2, OC San Service Area
J-126PQ Ladders, Hatches, Roof Fall Protection Tharsos, Inc. $816,625 August 2020
Plant No. 1 P1-115B Rehabilitation of Fleet Services Building, Building 8 and Paving Area
ODC Engineering & Technology $2,451,757 August 2020
Plant No. 1 P1-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
Abhe & Svoboda, Inc. $6,931,452 November 2020
Placentia FE17-06 Tustin Ave Manhole and Pipe Repair Nuline Technologies, LLC $440,684 December 2020
Fullerton FE19-09 Newhope - Placentia Trunk Grade Separation Replacement Repairs
Charles King Company, Inc. $298,850 December 2020
Plant No. 2 P2-92 Sludge Dewatering and Odor Control at Plant No. 2 Shimmick Construction Co., Inc.
$52,839,236 December 2020
Plant No. 1 SC18-05 Laboratory Boiler Burner Replacement at Plant No. 1 ODC Engineering & Technology $292,767 February 2021
Plant No. 2 FE18-17 Trunkline Sampler Power Feed at Plant No 2 M. Brey Electric, Inc. $101,050 February 2021
Plant Nos. 1 and 2 SC17-03 CenGen Oil Filters Platform at Plant No. 1 and Plant No. 2
Metro Builders and Engineers Group, Ltd.
$145,439 March 2021
Plant Nos. 1 and 2, OC San Service Area
J-126JK Stairs, Hatches, Walkway Hazards, Ladders, Guardrails, Roof Fall Protection
Olsson Construction, Inc. $3,903,884 April 2021
This table shows the construction contracts completed between July 1, 2020 and June
30, 2021.
Senior Construction Inspector Glenn Suchor
overlooking work on the Headworks Modification
at Plant No. 2 project in Huntington Beach.
36 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 37
Engineering CIP Projects
This section lists all the active studies and projects during the reporting period.
PLANNING AND RESEARCH STUDIES
Location(s) Project No. Project Name Status Project Budget
Huntington Beach PS15-02 Edinger Pump Station Rehabilitation Study Completed $971,000
Plant No. 2 PS17-03 Active Fault Location Study at Plant No. 2 Active $1,300,000
Plant Nos. 1 and 2, OC San Service Area PS18-06 Go/No-Go Lights and Signage Active $495,000
Plant No. 2 PS18-09 Ocean Outfall Condition Assessment and Scoping Study Active $3,340,000
Plant Nos. 1 and 2 PS18-11 ETAP Model Updates for Plant Nos 1 and 2 Active $553,000
Plant No. 1 PS19-01 Digester 6 Pipe Stress Analysis at Plant No. 1 Completed $45,000
Plant No. 1 PS19-03 Laboratory Rehabilitation Feasibility Study Active $450,000
Plant No. 2 PS20-01 O&M Complex and Collections Yard Relocation at Plant No. 2 Active $375,000
OC San Service Area PS20-02 Collection System Flow Level Monitoring Study Active $575,000
Plant No. 2 PS20-03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active $200,000
Plant Nos. 1 and 2 PS20-04 Power Generation Overhaul Feasibility Study Active $200,000
Plant Nos. 1 and 2 PS20-05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos. 1 and 2 Active $400,000
Costa Mesa PS20-07 College Pump Station Wet Well Condition Assessment Study Active $200,000
Anaheim, Fountain Valley, Fullerton, Garden Grove, Santa Ana
PS20-08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active $500,000
Plant Nos. 1 and 2 RE17-02 Biogas Scrubber Evaluation Completed $865,000
Plant Nos. 1 and 2 RE17-04 AquaNereda Aerobic Granular Sludge Process Completed $242,000
Plant No. 1 RE18-02 Protein Matrix Demonstration Study at Plant No 1 Completed $310,000
Plant No. 1 RE19-01 Primary Scum Equipment Evaluation at Plant No. 1 Active $31,000
Plant No. 1 RE20-01 Co-Thickened Sludge Density Meter Trial at Plant No. 1 Active $121,000
Plant Nos. 1 and 2 RE20-02 Chemical Evaluation Study at Plant No 1 and 2 Active $330,000
Plant No. 1 RE20-04 Holding Digester 6 Solids Shredder Study at Plant No. 1 Active $95,000
Resident Engineer Adam Coghill at the Outfall Low Flow
Pump Station Project at Plant No. 2 in Huntington Beach.
The following table lists the active and completed planning and research studies.
Results from these studies help to develop future CIP projects.
38 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 39
RECLAMATION PLANT NO. 1 IN FOUNTAIN VALLEY
Project No. Project Name Phase Project Budget
P1-101 Sludge Dewatering and Odor Control at Plant No. 1 Completed $197,000,000
P1-105 Headworks Rehabilitation at Plant No. 1 Construction $406,000,000
P1-115 Title 24 Access Compliance and Building Rehabilitation Project Completed $14,043,000
P1-115B Rehabilitation of Fleet Services Building, Building 8 and Paving Area Completed $4,357,000
P1-126 Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1 Project Development $127,000,000
P1-128A Headquarters Complex at Plant No. 1 Construction $163,949,000
P1-128C Headquarters Complex Site Preparation Close out $2,453,000
P1-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1 Close out $9,300,000
P1-132 Uninterruptible Power Supply Improvements at Plant No. 1 Design $7,000,000
P1-133 Primary Sedimentation Basins No. 6-31 Reliability Improvements at Plant No. 1 Design $14,100,000
P1-134 South Perimeter Security and Utility Improvements at Plant No.1 Bid and Award $10,000,000
P1-135 Digester Ferric Chloride Piping Replacement at Plant No. 1 Construction $1,360,000
P1-137 Supports Buildings Seismic Improvements at Plant No. 1 Project Development $23,730,000
TREATMENT PLANT NO. 2 IN HUNTINGTON BEACH
Project No. Project Name Phase Project Budget
P2-92 Sludge Dewatering and Odor Control at Plant No. 2 Close out $86,768,000
P2-98A A-Side Primary Clarifiers Replacement at Plant No. 2 Construction $171,856,000
P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant No. 2 Construction $13,635,000
P2-110 Consolidated Demolition and Utility Improvements at Plant No. 2 Completed $31,000,000
P2-122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion Construction $32,000,000
P2-123 Return Activated Sludge Piping Replacement at Plant No. 2 Construction $10,000,000
P2-124 Interim Food Waste Receiving Facility On Hold $6,300,000
P2-126 Warehouse, Electrical Substation and 12kV Service Center Replacement at Plant No. 2 On Hold $65,000,000
P2-128 TPAD Digester Facility at Plant No. 2 Project Development $455,000,000
JOINT FACILITIES PROJECTS LOCATED AT PLANT NO. 1, PLANT NO. 2, AND/OR OC SAN SERVICE AREA
Project No. Project Name Phase Project Budget
J-98 Electrical Power Distribution System Improvements Design $26,500,000
J-117B Outfall Low Flow Pump Station Construction $136,070,000
J-124 Digester Gas Facilities Replacement Design $173,000,000
J-126C NFPA 820 HVAC and Electrical Improvements Close Out $516,000
J-126JK Stairs, Hatches, Walkway Hazards, Ladders, Guardrails, Roof Fall Protection Close Out $4,001,000
J-126L Safety Improvement at Bitter Point, MacArthur, Seal Beach, Westside, and Yorba Linda Pump Stations Completed $234,000
J-126PQ Ladders, Hatches, Roof Fall Protection Completed $865,000
J-127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2 Construction $2,000,000
J-128 Project Management Information System Construction $2,280,000
COLLECTION SYSTEM PROJECTS
Location(s) Project No. Project Name Phase Project Budget
Yorba Linda 2-41-8 SARI Rock Stabilizers Removal Completed $4,860,000
Orange 2-49 Taft Branch Improvements Preliminary Design $16,800,000
Fullerton 2-65 Newhope - Placentia Trunk Grade Separation Replacement Completed $4,300,000
Anaheim 2-72B Newhope - Placentia Trunk Replacement, Segment B Construction $82,897,000
Seal Beach, Westminster 3-62 Westminster Blvd Force Main Replacement Construction $44,000,000
Anaheim, Buena Park, Cypress, Los Alamitos, Seal Beach, County of Orange
3-64A & 3-64B Orange - Western Sub-Trunk and Los Alamitos Trunk Sewer Rehabilitation Construction $28,624,000
Cypress, La Palma, Los Alamitos 3-64C Cypress Trunk Sewer Rehabilitation - West Design $39,458,000
Seal Beach, Westminster 3-67 Seal Beach Pump Station Replacement Design $87,000,000
Newport Beach 5-67 Bay Bridge Pump Station Replacement Preliminary Design $74,000,000
Newport Beach 5-68 Newport Beach Pump Station Pressurization Improvements Design $4,300,000
Newport Beach 6-17 District 6 Trunk Sewer Relief Completed $7,250,000
Costa Mesa, Irvine 7-65 Gisler - Red Hill Interceptor Rehabilitation Design $39,000,000
Irvine, Santa Ana 7-66 Sunflower and Red Hill Interceptor Repairs Bid and Award $7,000,000
Newport Beach 7-68 MacArthur Pump Station Force Main Improvements Preliminary Design $3,500,000
The tables on the following pages are all the active or completed projects for the
reporting period. The status, phase, and project budget (rounded to the nearest
hundred) are as of June 30, 2021. Small capital or non-engineering projects from
Information Technology and Operations and Maintenance are not listed.
40 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 41
SMALL CONSTRUCTION PROJECTS
Location(s) Project No. Project Name Phase Project Budget
Fullerton FE10-21 Area 02 Craig Regional Park Manhole Improvements Bid and Award $1,359,000
Plant No. 1 FE14-05 Plant No. 1 Fleet Services UST Leak Remediation Close Out $1,487,000
Plant No. 1 FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Completed $3,320,000
Newport Beach FE15-10 East Lido Force Main Rehabilitation Completed $2,228,000
Plant No. 1 FE16-06 Fuel Cell Facilities Demolition Completed $960,000
Irvine FE16-11 Lane Channel Crossing Completed $500,000
Huntington Beach FE16-14 Slater Pump Station Valve Replacements Completed $947,000
Brea FE17-01 Carbon Canyon Pipeline Sag Repairs Completed $873,000
Plant No. 1 FE17-03 Battery Storage System at Plant No. 1 Close Out $650,000
Plant No. 1 FE17-05 Plant 1 ICS Network Extension Construction $950,000
Plant Nos. 1 and 2 FE18-06 CenGen Instrument Air Compressors Replacement at Plant No. 1 and Plant No. 2 Design $1,450,000
Santa Ana FE18-08 West Trunk Bypass Sewer Realignment Completed $158,000
Plant No. 1 and 2 FE18-11 Headworks Explosive Gas Monitoring Systems at Plant No. 1 and Plant No. 2 Construction $470,000
Huntington Beach FE18-12 Erosion Control at Santa Ana River and Hamilton Ave Bid and Award $330,000
Santa Ana FE18-13 Redhill Relief Sewer Relocation at State Route 55 Design $2,840,000
Plant No. 2 FE18-14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Construction $1,895,000
Plant No. 1 FE18-15 Plant Boiler System Relief at Plant No. 2 Construction $465,000
Plant No. 1 FE18-16 Truck Loading Basement Drain Modifications at Plant No. 1 Bid and Award $592,000
Plant No. 2 FE18-17 Trunkline Sampler Power Feed at Plant No 2 Close Out $249,000
Newport Beach FE18-18 Portable Generator Connector at Lido Pump Station Completed $116,000
Plant No. 2 FE18-19 12KV Distribution B and East RAS Pump Station Roofing Replacement Close Out $1,188,000
Plant No. 1 FE18-20 Blower Building No. 1 Air Compressors at Plant No. 1 Design $1,200,000
OC San Service Area FE19-01 Pump Station Portable Generator Connectors Bid and Award $2,570,000
Plant No. 1 FE19-02 CenGen Plant Water Pipe Replacement at Plant No. 1 Design $2,250,000
Plant No. 1 FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Design $700,000
Plant No. 1 FE19-04 Sunflower Pump Replacement at Plant No. 1 Bid and Award $3,200,000
Plant No. 2 FE19-06 EPSA Motor Cooling Improvements at Plant No. 2 Bid and Award $1,475,000
Plant No. 2 FE19-08 Secondary Treatment VFD Replacements at Plant No. 2 Design $3,337,000
Fullerton FE19-09 Newhope - Placentia Trunk Grade Separation Replacement Repairs Completed $500,000
Plant No. 2 FE19-10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 Design $300,000
SMALL CONSTRUCTION PROJECTS (CONTINUED)
Location(s) Project No. Project Name Phase Project Budget
Plant No. 1 FE19-11 Primary Clarifiers Nos. 6-31 Lighting and Alarm Improvements at Plant No. 1 Design $1,250,000
Plant No. 1 FE19-12 Rebuild Shop Fume Extractor Installation at Plant No 1 Design $445,000
Seal Beach FE19-13 VFD Replacements at Seal Beach Pump Station Design $690,000
Plant No. 1 FE20-01 Wastehauler Station Safety and Security Improvements Design $830,000
Plant No. 2 FE20-02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Design $2,800,000
Plant No. 1 FE20-03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Design $4,250,000
Plant No. 2 FE20-04 CenGen Cooling Water Pipe Replacement at Plant No. 2 Design $3,500,000
Plant No. 1 FE20-05 Plant Water Piping Replacement at Secondary Clarifiers 1-26 at Plant No. 1 Design $1,545,000
Plant No. 1 FE20-06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1 Design $1,500,000
Plant No. 1 FE20-07 Santa Ana Trunk Rehabilitation at Plant No. 1 Design $1,240,000
Anaheim, Orange FE20-08 Olive Sub-Trunk Siphon Rehabilitation at Santa Ana River Design $1,850,000
Plant Nos. 1 and 2 FE20-09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 Design $600,000
Seal Beach FE20-10 Adolfo Lopez Chemical Dosing Station Installation Project Development $1,000,000
Excavation on the Headworks Rehabilitation
Project at Plant No. 1 in Fountain Valley.
42 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21 CIP ANNUAL REPORT — FISCAL YEAR 2020/21 | 43
Board of Directors
CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR
Anaheim Stephen Faessel Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut
Cypress Paulo Morales Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
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 Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark Chirco Ron Bates
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
AGENCIES
Costa Mesa Sanitary District Robert Ooten Art Perry
Midway City Sanitary District Andrew Nguyen Sergio Contreras
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
Member of the Board
of Supervisors Doug Chaffee Donald P. Wagner
After pipeline installation is completed, medians are constructed as part
of the final street restoration along State College Blvd. on the Newhope-
Placentia Trunk Replacement, Segment B Project in the City of Anaheim.
44 | CIP ANNUAL REPORT — FISCAL YEAR 2020/21
Reclamation Plant No. 1
(Administration Offices)
10844 Ellis Avenue
Fountain Valley, California 92708
714.962.2411
Treatment Plant No. 2
22212 Brookhurst Street
Huntington Beach, California 92646
For more information
Email: constructionhotline@ocsan.gov
Phone: 714.378.2965
www.ocsan.gov
Follow us on social media @OCSanDistrict
TOGETHER
Westminster Blvd. Sewer Project in the
cities of Seal Beach and Westminster.
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1548 Agenda Date:9/29/2021 Agenda Item No:4.
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 Operations Committee Meeting held July 7, 2021
B. Minutes of the Legislative and Public Affairs Committee Meeting held July 12, 2021
C. Minutes of the Administration Committee Meeting held July 14, 2021
D. Minutes of the Steering Committee Meeting held July 28, 2021
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 9/20/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, July 7, 2021
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 Operations Committee of the Orange County Sanitation District was
called to order by Committee Chairman Brooke Jones on Wednesday, July 7, 2021 at 5:00
p.m. in the Administration Building of the Orange County Sanitation District. Committee
Vice-Chair Ryan Gallagher led the flag salute. Chair Jones stated that the meeting was being
held telephonically and via audio/video teleconferencing in accordance with the Governor's
Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19).
ROLL CALL AND DECLARATION OF QUORUM:
PRESENT:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Steve Jones, Sandra Massa-Lavitt, Kim
Nichols, Robert Ooten, Jesus Silva, Chad Wanke, John Withers and
Chad Zimmerman
ABSENT:None
STAFF MEMBERS PRESENT: Clerk of the Board Kelly Lore and Mortimer Caparas were
present in the Board Room. General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Sam Choi, Tanya Chong, Raul Cuellar, Mike Dorman, Tina Knapp, Joshua
Martinez, Tom Meregillano, Robert Michaels, Jeffrey Mohr, Thomas Vu, Eros Yong, and Ruth
Zintzun participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, participated telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Jones did not provide a report.
General Manager Jim Herberg did not provide a report.
Page 1 of 10
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes July 7, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1723
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held June 2,
2021.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
2.REPLACEMENT PURCHASE OF A COMBINATION SEWER
CLEANING VEHICLE
2021-1602
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order to Haaker Equipment Company to purchase one
new/unused Combination Sewer Cleaning Truck using Sourcewell Cooperative
Contract No. 122017-FSC-2 for a total amount not to exceed $775,410,
including freight and taxes; and
B. Approve a contingency of $23,262 (3%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
3.AREA 02 CRAIG REGIONAL PARK MANHOLE IMPROVEMENTS,
PROJECT NO. FE10-21
2020-1381
Originator: Kathy Millea
Page 2 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Area 02 Craig
Regional Park Manhole Improvements, Project No. FE10-21;
B. Award a Construction Contract to Deark E&C, Inc. for Area 02 Craig Regional
Park Manhole Improvements, Project No. FE10-21, for a total amount not to
exceed $427,400; and
C. Approve a contingency of $42,740 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
4.OUTFALL LOW FLOW PUMP STATION, CONTRACT NO. J-117B 2021-1644
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Purchase Order to ePlus Technology Inc. for Specification No.
E-2021-1253BD for IT Server Hardware for Outfall Low Flow Pump Station, Contract
No. J-117B, for a total amount of $793,882.96, plus applicable sales tax and freight.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
5.SPRINGDALE RELIEF CONCRETE ENCASEMENT EXTENSION AT
WINTERSBURG CHANNEL, PROJECT NO. FRC-0012
2021-1686
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
A. Approve a sole source with J. F. Shea Construction, Inc. for $167,694 for
Springdale Relief Concrete Encasement Extension at Wintersburg Channel,
Project No. FRC-0012;
B. Authorize the General Manager to award the Construction Contract to J. F. Shea
Construction, Inc. for $167,694 for Springdale Relief Concrete Encasement
Extension at Wintersburg Channel, Project No. FRC-0012; and
C. Approve a contingency of $30,185 (18%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
6.COLLECTION SYSTEM FLOW LEVEL MONITORING STUDY,
PROJECT NO. PS20-02
2021-1707
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Services Agreement with Woodard and Curran, Inc. to
provide engineering services for the Collection System Flow Level Monitoring
Study, Project No. PS20-02, for an amount not to exceed $616,562; and
B. Approve a contingency of $61,656 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva and
Chad Wanke
NOES:None
ABSENT:John Withers and Chad Zimmerman
ABSTENTIONS:None
NON-CONSENT:
Board Chair Withers joined the meeting at 5:12 p.m.
7.SUNFLOWER AND RED HILL INTERCEPTOR REPAIRS, PROJECT
NO. 7-66
2021-1533
Originator: Kathy Millea
Page 4 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
Engineering Manager Jeff Mohr provided a PowerPoint presentation which described
the project location, repairs needed, collaboration with locally affected agencies,
sewage spill risks, and bidder information.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for Sunflower and Red
Hill Interceptor Repairs, Project No. 7-66;
B. Award a Construction Contract to Charles King Company for Sunflower and Red
Hill Interceptor Repairs, Project No. 7-66, for an amount not to exceed
$4,777,000; and
C. Approve a contingency of $477,700 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, Chad
Wanke and John Withers
NOES:None
ABSENT:Chad Zimmerman
ABSTENTIONS:None
8.SUNFLOWER AND RED HILL INTERCEPTOR REPAIRS, PROJECT
NO. 7-66
2021-1532
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation regarding the professional construction
services needed for the project.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with GHD, Inc. to
provide construction support services for Sunflower and Red Hill Interceptor
Repairs, Project No. 7-66, for an amount not to exceed $166,000; and
B. Approve a contingency of $16,600 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Kim Nichols, Robert Ooten, Jesus Silva, Chad
Wanke and John Withers
NOES:None
ABSENT:Chad Zimmerman
Page 5 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
ABSTENTIONS:None
Director Nichols and Board Vice-Chair Wanke departed the meeting.
9.SOUTH PERIMETER SECURITY AND UTILITY IMPROVEMENTS AT
PLANT NO. 1, PROJECT NO. P1-134
2021-1572
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation which included an overview of the three
scope areas and work to be completed, and provided information of the protest from
the 3rd low bidder.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for South Perimeter
Security and Utility Improvements at Plant No. 1, Project No. P1-134;
B. Reject the bid from apparent low bidder, RT Contractor Corp., as
non-responsive;
C. Receive and file Orange County Sanitation District’s Notice of Intent to Award
dated June 3, 2021;
D. Receive and file Award Protest from Act 1 Construction, Inc. dated June 4,
2021, concerning the award to Tovey/Shultz Construction, Inc.;
E. Receive and file response letter from Tovey/Shultz Construction, Inc. dated June
8, 2021, regarding the bid protest of Act 1 Construction, Inc.;
F. Receive and file Orange County Sanitation District’s determination letter dated
June 10, 2021, to Act 1 Construction, Inc. responding to award protest;
G. Award a Construction Contract to Tovey/Shultz Construction, Inc. for South
Perimeter Security and Utility Improvements at Plant No. 1, Project No. P1-134,
for an amount not to exceed $4,396,779; and
H. Approve a contingency of $439,678 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Page 6 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
10.SOUTH PERIMETER SECURITY AND UTILITY IMPROVEMENTS AT
PLANT NO. 1, PROJECT NO. P1-134
2021-1573
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation which described the professional
construction services needed for the project.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Professional Construction Services Agreement with HDR
Engineering, Inc. to provide construction support services for South Perimeter
Security and Utility Improvements at Plant No. 1, Project No. P1-134, for an
amount not to exceed $235,000; and
B. Approve a contingency of $23,500 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols, Chad Wanke and Chad Zimmerman
ABSTENTIONS:None
Director Zimmerman joined the meeting at approximately 5:35 p.m.
11.PROCESS CONTROL SYSTEMS UPGRADES STUDY, PROJECT NO.
SP-196
2021-1719
Originator: Kathy Millea
Engineering Manager Mike Dorman provided a PowerPoint presentation regarding the
SCADA system which allows 24-hour operation from a location at each plant. Mr.
Dorman explained the critical need for replacement and the competitive procurement
process.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 7 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
A. Approve a Master Services Agreement with ABB Inc. for the design, installation,
implementation, and maintenance of a process control system;
B. Authorize staff to specify ABB Inc. as the sole source provider for equipment,
materials, software, and services for control systems on current and future
projects; and
C. Ratify the addition of ABB Inc. to the list of pre-approved Original Equipment
Manufacturers for procurements under $100,000 for equipment, materials,
software, and services for control systems.
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva and John Withers
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:Chad Zimmerman
12.PROCESS CONTROL SYSTEMS UPGRADES, PROJECT NO. J-120 2021-1584
Originator: Kathy Millea
Mr. Dorman provided a PowerPoint presentation regarding the Process Control
Systems upgrade, scope of work, schedule, and costs associated with the Task Order
requested.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve Task Order No. 1 under the Master Services Agreement with ABB Inc.
to provide services, software, and equipment for Process Control Systems
Upgrades, Project No. J-120, for an amount not to exceed $11,818,480; and
B. Approve a contingency of $1,181,848 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva, John Withers and
Chad Zimmerman
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:None
13.RIALTO BIOENERGY FACILITY DRYING AND THERMAL
CONVERSION CONTRACT - BIOSOLIDS MANAGEMENT
2021-1728
Originator: Lan Wiborg
Page 8 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
Environmental Supervisor Tom Meregillano provided an informative PowerPoint
presentation which described Biosolids thermal conversion, RFI results, and the Rialto
Bioenergy facility process and locations.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Sole Source Service Contract to Rialto Bioenergy Facility (RBF) to
pilot a biosolids drying and thermal conversion service for approximately 100 wet
tons per day at a base fee of $94 per wet ton, plus monthly fuel surcharge,
annual CPI (consumer price index) adjustment, and special sampling events at a
rate of $3,950 per event (6 events) for targeted Per- and Polyfluoroalkyl
Substances (PFAS) compounds. The term of this Contract is for three (3) years
with two (2) optional one-year renewals for a total annual amount not to exceed
$3,463,095; and
B. Approve an annual contingency of $346,310 (10%).
AYES:Brooke Jones, Ryan Gallagher, Doug Chaffee, Stephen Faessel,
Johnathan Ryan Hernandez, Anne Hertz (Alternate), Steve Jones,
Sandra Massa-Lavitt, Robert Ooten, Jesus Silva, John Withers and
Chad Zimmerman
NOES:None
ABSENT:Kim Nichols and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
14.ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
2021-1733
Originator: Lan Wiborg
Environmental Laboratory and Ocean Monitoring Manager Dr. Sam Choi presented an
informative PowerPoint presentation regarding an overview of the Environmental
Laboratory and Ocean Monitoring program.
ITEM RECEIVED AS AN:
Information Item.
15.SUPER CRITICAL WATER OXIDATION RESEARCH OPPORTUNITY 2021-1736
Originator: Rob Thompson
Assistant General Manager Rob Thompson provided a PowerPoint presentation to
describe Super Critical Water Oxidation Solids Treatment.
Page 9 of 10
OPERATIONS COMMITTEE Minutes July 7, 2021
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 meeting adjourned at 6:47 p.m. to the next Operations Committee
meeting to be held on Wednesday, September 1, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 10 of 10
Orange County Sanitation District
Minutes for the
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Monday, July 12, 2021
3:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A special 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 Monday, July 12,
2021 at 3:01 p.m. in the Administration Building of the Orange County Sanitation District.
Chair Silva stated that the meeting was being held telephonically and via audio/video
teleconferencing in accordance with the Governor's Executive Order No. N-29-20, due to the
Coronavirus Pandemic (COVID-19). Director Anthony Kuo 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, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
ABSENT:Kim Carr
STAFF MEMBERS PRESENT: Mortimer Caparas was present in the Board Room. General
Manager Jim Herberg, Assistant General Manager Lorenzo Tyner, Assistant General
Manager Rob Thompson, Director of Engineering Kathy Millea, Director of Environmental
Services Lan Wiborg, Director of Human Resources Celia Chandler, Clerk of the Board Kelly
Lore, Jennifer Cabral, Jackie Castro, Tanya Chong, Daisy Covarrubias, Tina Knapp, Rebecca
Long, Laura Maravilla, Joshua Martinez, Robert Michaels, Kelly Newell, Thomas Vu, and Ruth
Zintzun participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; Eric Sapirstein, ENS Resources; Eric
O’Donnell, Townsend Public Affairs (TPA); and Diana Moreno and Justin Glover,
Communication Lab; were in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Silva did not provide a report.
General Manager Jim Herberg did not provide a report.
Page 1 of 5
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes July 12, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1725
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Legislative and Public Affairs
Committee held May 10, 2021.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
NON-CONSENT:
2.PUBLIC AFFAIRS STRATEGIC PLAN YEAR END REPORT 2021-1617
Originator: Jim Herberg
Administration Manager Jennifer Cabral provided a PowerPoint presentation regarding
a Year End Update to the PAO Strategic Plan and a look ahead to upcoming items for
the next fiscal year.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Strategic Plan for Fiscal Years 2020-21 and 2021-22
Year End Update.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
3.CONSTRUCTION OUTREACH COMMUNICATIONS AUDIT REPORT 2021-1618
Originator: Jim Herberg
Ms. Cabral provided information regarding the Construction Outreach Communications
Audit Report and introduced Diana Moreno from Communications Lab. Ms. Moreno
provided a PowerPoint presentation which included: Audit findings; stakeholder,
community members, and City partner input; areas of growth; and key
recommendations. Ms. Cabral responded to questions regarding community outreach
Page 2 of 5
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes July 12, 2021
efforts to minority areas which are currently being translated based on the project and
area of work.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Construction Outreach Communications Review and Audit 2021.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
4.PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF MAY AND JUNE
2021
2021-1737
Originator: Jim Herberg
Principal Public Affairs Specialist Daisy Covarrubias provided a PowerPoint
presentation regarding current events, construction outreach, Inside the Outdoors,
newsletters, and awards received.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Public Affairs Update for the months of May and June 2021.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
5.LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JUNE/JULY
2021
2021-1734
Originator: Jim Herberg
Senior Public Affairs Specialist Rebecca Long introduced Eric Sapirstein (ENS) who
provided the Federal legislative update including a PowerPoint presentation on various
House and Senate bills regarding Infrastructure, Appropriations, PFAS/PFOA
Committee approvals, nominations update for USEPA, US Army Corps of Engineers,
and US Bureau of Reclamation.
Eric O'Donnell from Townsend Public Affairs provided the State legislative update
including a PowerPoint presentation regarding: Legislative Calendar, State budget
update including total budget expenditures and additional budget trailer bills, recall
election on September 14, eviction moratorium, Cal/OSHA guidelines for workplace
Page 3 of 5
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes July 12, 2021
regulations, and specific legislation: AB 339 (Lee) Meetings and AB 818 (Bloom)
Flushable Wipes.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Legislative Affairs Update for the months of June/July 2021.
AYES:Jesus Silva, Marshall Goodman, Anthony Kuo, Andrew Nguyen,
Chad Wanke and John Withers
NOES:None
ABSENT:Kim Carr
ABSTENTIONS:None
INFORMATION ITEMS:
6.STRATEGIC PLAN ORGANIZATIONAL ADVOCACY AND OUTREACH
POLICY
2021-1726
Originator: Jim Herberg
Ms. Cabral provided a brief introduction to the item and reviewed the Organizational
Advocacy and Outreach Policy paper and the five proposed Initiatives to meet the
policy statement goals. The Committee requested a presentation for the September
LaPA Committee meeting.
ITEM RECEIVED AS AN:
Information Only.
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.
Page 4 of 5
LEGISLATIVE AND PUBLIC
AFFAIRS COMMITTEE
Minutes July 12, 2021
ADJOURNMENT:
Chair Silva declared the meeting adjourned at 4:28 p.m. to the next Legislative and Public
Affairs Committee meeting to be held on Monday, September 13, 2021 at 4:30 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 5 of 5
Orange County Sanitation District
Minutes for the
ADMINISTRATION COMMITTEE
Wednesday, July 14, 2021
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 Chairman Glenn Parker on Wednesday, July 14, 2021 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 audio/video teleconferencing in accordance
with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic
(COVID-19). Chair Parker led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
A quorum was declared present, as follows:
PRESENT:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver, Chad Wanke and John Withers
ABSENT:Brad Avery
STAFF MEMBERS PRESENT: Clerk of the Board Kelly Lore and Mortimer Caparas were
present in the Board Room. General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy
Millea, Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Jennifer Cabral, Sam Choi, Tina Knapp, Laura Maravilla, Joshua Martinez, Robert
Michaels, Wally Ritchie, Thomas Vu, and Ruth Zintzun participated telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel; Audrey Donovan, Roger Alfaro, and
David Rowan, Eide Bailley; and Anna Laliberte and Brent Graham, Alliant, participated
telephonically.
PUBLIC COMMENTS:
None.
Chair Parker announced that Item No. 6 would be heard prior to Item No. 5.
REPORTS:
Chair Parker and General Manager Jim Herberg did not provide a report.
Assistant General Manager Lorenzo Tyner announced that earlier this week OC San
successfully sold $134 million of Wastewater Refunding Revenue Obligations. He stated that
by refunding existing debt into fixed rate, we anticipated a net present value savings of $7
Page 1 of 6
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
ADMINISTRATION
COMMITTEE
Minutes July 14, 2021
million, but due to the attractiveness of the bonds, our savings were closer to $7.5 million. Mr.
Tyner stated that the favorable rate was due in great part to OC San’s strong financial
condition demonstrated by our AAA bond rating by Fitch, Moody’s, and Standard and Poor's.
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1724
Originator: Kelly Lore
MOVED, SECONDED AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Administration Committee held June 9,
2021.
AYES:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver, Chad Wanke and John Withers
NOES:None
ABSENT:Brad Avery
ABSTENTIONS:None
2.ENVIRONMENTAL REGULATORY REPORTS 2021-1557
Originator: Lan Wiborg
MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file environmental regulatory reports: Biosolids Management Compliance
Report 2020, Annual Pretreatment Program Report Fiscal Year 2019-2020,
Semi-Annual Pretreatment Program Report Fiscal Year 2020-2021 (July-December),
Annual Greenhouse Gas Emissions Report 2020, Annual Emission Report 2020,
Marine Monitoring Annual Report 2019/2020, and Biennial Wastewater Discharge
Requirements Sewer System Management Plan Audit Report 2021.
AYES:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver, Chad Wanke and John Withers
NOES:None
ABSENT:Brad Avery
ABSTENTIONS:None
Page 2 of 6
ADMINISTRATION
COMMITTEE
Minutes July 14, 2021
NON-CONSENT:
3.JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR
PLANT NOS. 1 AND 2
2021-1744
Originator: Rob Thompson
MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Award a Sole Source Service Contract to Gamboa Services, Inc. DBA Corporate Image
Maintenance to provide janitorial and floor maintenance service at Plant Nos. 1 and 2
for the period August 1, 2021 through January 31, 2022, for an amount not to exceed
$397,900.
AYES:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver, Chad Wanke and John Withers
NOES:None
ABSENT:Brad Avery
ABSTENTIONS:None
Board Vice-Chair Wanke departed the meeting at approximately 5:24 p.m.
4.2022 BENEFITS INSURANCE RENEWAL 2021-1740
Originator: Celia Chandler
MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 3 of 6
ADMINISTRATION
COMMITTEE
Minutes July 14, 2021
Approve the Orange County Sanitation District 2022 Benefits Insurance Renewal for
the amount of $12,322,235 for active employees and $518,340 for retiree-paid health
premiums, for an overall not-to-exceed amount of $12,840,575, as specified below:
A. WORKTERRA (medical, dental, and vision plans; and Employee Assistance
Program [EAP]) - Not to Exceed $11,745,607;
B. The Standard (basic life, short- and long-term disability) - Not to Exceed
$514,178;
C. The Standard (EMT & Manager disability) - Not to Exceed $30,000;
D. BenefitWallet (Health Savings Accounts [HSA]) - Not to Exceed $32,450;
E. WORKTERRA (additional retiree costs, recouped from retirees through premium
payments) - Not to Exceed $518,340; and
F. Approve a contingency of $642,029 (5%).
AYES:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver and John Withers
NOES:None
ABSENT:Brad Avery and Chad Wanke
ABSTENTIONS:None
INFORMATION ITEMS:
6.ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
2021-1749
Originator: Lan Wiborg
Dr. Samuel Choi, Environmental Laboratory and Ocean Monitoring Manager, provided
an informative PowerPoint presentation which contained an overview of the
Environmental Services Department, environmental monitoring and accreditations, and
the Laboratory and Ocean Monitoring Division. He provided details on the number of
laboratory tests completed annually, instruments used, studies, research and
innovation, and OC San partners.
ITEM RECEIVED AS AN:
Information Item.
5.INTERNAL AUDIT UPDATE: CYBER SECURITY 2021-1743
Originator: Lorenzo Tyner
Page 4 of 6
ADMINISTRATION
COMMITTEE
Minutes July 14, 2021
Mr. Tyner introduced the item. The Committee moved to Closed Session and then
proceeded to vote on this item.
MOVED, SECONDED AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Internal Audit Report from Eide Bailly LLP.
AYES:Glenn Parker, Anthony Kuo, Art Brown, Kim Carr, Mark Chirco, Rose
Espinoza, Marshall Goodman, Patrick Harper, Andrew Nguyen, David
Shawver and John Withers
NOES:None
ABSENT:Brad Avery and Chad Wanke
ABSTENTIONS:None
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION
54957.
The Committee convened in closed session at 5:44 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 THREAT TO PUBLIC SERVICES OR FACILITIES (GOVERNMENT
CODE SECTION 54957)
2021-1629
CONVENED IN CLOSED SESSION:
Consultation with the Information Technology Systems & Operations Manager
regarding cyber security.
RECONVENE IN REGULAR SESSION:
The Committee reconvened in regular session at 5:54 p.m.
CONSIDERATION OF ACTION, IF ANY, ON MATTERS CONSIDERED IN CLOSED
SESSION:
General Counsel Brad Hogin did not provide a report.
The Committee went back to take the vote on Item No. 5.
Page 5 of 6
ADMINISTRATION
COMMITTEE
Minutes July 14, 2021
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Board Chair Withers thanked Chair Parker and Vice-Chair Kuo for their great leadership.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Chair Parker encouraged the Committee to reach out to staff at any time prior to the meeting
if they had questions regarding the agenda materials.
ADJOURNMENT:
Chair Parker declared the meeting adjourned at 5:59 p.m. to the next Administration
Committee meeting to be held on September 8, 2021 at 5:00 p.m.
Submitted by:
_____________________
Kelly A. Lore, MMC
Clerk of the Board
Page 6 of 6
Orange County Sanitation District
Minutes for the
STEERING COMMITTEE
Wednesday, July 28, 2021
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, July 28, 2021 at 5:00 p.m. in
the Administration Building of the Orange County Sanitation District. Chair Withers stated that
the meeting was being held telephonically and via audio/video teleconferencing in accordance
with the Governor's Executive Order No. N-29-20, due to the Coronavirus Pandemic
(COVID-19).
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 MEMBERS PRESENT: General Manager Jim Herberg, Clerk of the Board Kelly Lore,
and Mortimer Caparas were present in the Board Room. Assistant General Manager Lorenzo
Tyner, Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea,
Director of Environmental Services Lan Wiborg, Director of Human Resources Celia
Chandler, Jennifer Cabral, Tanya Chong, Al Garcia, Jessica Frazier, Laurie Klinger, Tina
Knapp, Laura Maravilla, Joshua Martinez, Wally Ritchie, and Thomas Vu participated
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Withers stated that OC San will resume in-person Board and Committee meetings
beginning in October and that, prior to the first meeting, the Board will receive information
related to COVID-19 protocols in effect at the time of the meeting.
General Manager Jim Herberg did not provide a report, but stated that at the Board meeting
Assistant General Manager Thompson would be providing an update on the emergency
repairs at the Bay Bridge pump station in Newport Beach.
Page 1 of 4
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
STEERING COMMITTEE Minutes July 28, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2021-1730
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of Steering Committee held June 23, 2021.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
NON-CONSENT:
2.GENERAL MANAGER’S FISCAL YEAR 2021-22 PROPOSED WORK
PLAN
2021-1742
Originator: Jim Herberg
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the General Manager’s Fiscal Year 2021-22 Proposed Work Plan.
AYES:John Withers, Chad Wanke, Ryan Gallagher, Brooke Jones, Sandra
Massa-Lavitt, Jesus Silva and Glenn Parker
NOES:None
ABSENT:None
ABSTENTIONS:None
INFORMATION ITEMS:
None.
CLOSED SESSION:
CONVENED IN CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTIONS
54956.8 & 54957(b)(1).
The Committee convened in closed session at 5:14 p.m. to hear two items. 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.
Page 2 of 4
STEERING COMMITTEE Minutes July 28, 2021
CS-1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS -
GOVERNMENT CODE SECTION 54956.8
2021-1775
CONVENED IN CLOSED SESSION:
Property: 1516 W. Balboa Blvd., Newport Beach, CA; APN No. 047-222-10
Agency negotiators: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, Assistant General Manager Rob Thompson, Director of Engineering
Kathy Millea, Controller Wally Richie, and Principal Staff Analyst Jessica Frazier.
Negotiating parties: City of Newport Beach.
Under negotiation: Price and terms of payment
CS-2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION 54957(b)(1)2021-1751
Originator: Celia Chandler
CONVENED IN CLOSED SESSION:
Public Employee Performance Evaluation
Number of Employees: 1
·General Manager
RECONVENED IN REGULAR SESSION.
The Committee reconvened in regular session at 5:44 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 5:45 p.m. to the next Steering Committee
meeting to be held on Wednesday, August 25, 2021 at 5:00 p.m.
Page 3 of 4
STEERING COMMITTEE Minutes July 28, 2021
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 4 of 4
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1698 Agenda Date:9/29/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
REPORT OF THE INVESTMENT TRANSACTIONS FOR THE MONTH OF AUGUST 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Receive and file the following:
Report of the Investment Transactions for the month of August 2021.
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
August 31, 2021.
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 August 2021
Orange County Sanitation District Printed on 9/20/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
ACQUISITIONS
08/02/2021 89239CAC3 PURCHASED PAR VALUE OF TOYOTA LEASE OWNER 0.420% 10/21/24 /MITSUBISHI
UFJ SECURITIES USA/3,185,000 PAR VALUE AT 99.99864992 %
3,185,000.0000 0.999987 -3,184,957.00 3,184,957.00 0.00
08/02/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 53,543,125.0000 1.000000 -53,543,125.00 53,543,125.00 0.00
08/03/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 60.1900 1.000000 -60.19 60.19 0.00
08/03/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 115.2100 1.000000 -115.21 115.21 0.00
08/05/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 62,500.0000 1.000000 -62,500.00 62,500.00 0.00
08/09/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 81,525.0000 1.000000 -81,525.00 81,525.00 0.00
08/12/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 92,512.5000 1.000000 -92,512.50 92,512.50 0.00
08/13/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 25,187.5000 1.000000 -25,187.50 25,187.50 0.00
08/16/2021 06367WB85 PURCHASED PAR VALUE OF BANK OF MONTREAL MTN 1.850% 5/01/25 /J.P.
MORGAN SECURITIES LLC/7,000,000 PAR VALUE AT 103.242 %
7,000,000.0000 1.032420 -7,226,940.00 7,226,940.00 0.00
08/16/2021 912796F61 PURCHASED PAR VALUE OF U S TREASURY BILL 9/30/21 /WELLS FARGO
SECURITIES, LLC/5,000,000 PAR VALUE AT 99.9949126 %
5,000,000.0000 0.999949 -4,999,745.63 4,999,745.63 0.00
08/16/2021 912828H86 PURCHASED PAR VALUE OF U S TREASURY NT 1.500% 1/31/22 /CITIGROUP
GLOBAL MARKETS INC./5,000,000 PAR VALUE AT 100.65625 %
5,000,000.0000 1.006563 -5,032,812.50 5,032,812.50 0.00
08/16/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 1,232.7600 1.000000 -1,232.76 1,232.76 0.00
08/17/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 13,125.0000 1.000000 -13,125.00 13,125.00 0.00
08/18/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 23,931.0800 1.000000 -23,931.08 23,931.08 0.00
08/20/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 2,407.9000 1.000000 -2,407.90 2,407.90 0.00
08/23/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 155,473.9800 1.000000 -155,473.98 155,473.98 0.00
08/25/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 7,525,000.0000 1.000000 -7,525,000.00 7,525,000.00 0.00
08/25/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 6,505.1100 1.000000 -6,505.11 6,505.11 0.00
08/25/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 32,585.3600 1.000000 -32,585.36 32,585.36 0.00
08/26/2021 86959RQE3 PURCHASED PAR VALUE OF SVENSKA C D 0.230% 5/10/22 /WELLS FARGO
SECURITIES, LLC/3,000,000 PAR VALUE AT 100.04269767 %
3,000,000.0000 1.000427 -3,001,280.93 3,001,280.93 0.00
08/26/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 13,029,500.0000 1.000000 -13,029,500.00 13,029,500.00 0.00
08/26/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 13,212.5000 1.000000 -13,212.50 13,212.50 0.00
08/27/2021 912828H86 PURCHASED PAR VALUE OF U S TREASURY NT 1.500% 1/31/22 /J.P. MORGAN
SECURITIES LLC/10,000,000 PAR VALUE AT 100.6171875 %
10,000,000.0000 1.006172 -10,061,718.75 10,061,718.75 0.00
08/31/2021 912796D30 PURCHASED PAR VALUE OF U S TREASURY BILL 2/24/22 /BOFA SECURITIES,
INC./FXD INC/13,250,000 PAR VALUE AT 99.97713751 %
13,250,000.0000 0.999771 -13,246,970.72 13,246,970.72 0.00
08/31/2021 31846V567 PURCHASED UNITS OF FIRST AM GOVT OB FD CL Z 162,500.0000 1.000000 -162,500.00 162,500.00 0.00
TOTAL ACQUISITIONS 121,205,499.0900 -121,524,924.62 121,524,924.62 0.00
DISPOSITIONS
08/02/2021 912828S76 MATURED PAR VALUE OF U S TREASURY NT 1.125% 7/31/21 43,000,000 PAR
VALUE AT 100 %
-43,000,000.0000 1.000000 43,000,000.00 -43,267,968.77 -267,968.77
1 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/02/2021 9128287F1 MATURED PAR VALUE OF U S TREASURY NT 1.750% 7/31/21 2,000,000 PAR
VALUE AT 100 %
-2,000,000.0000 1.000000 2,000,000.00 -2,014,531.25 -14,531.25
08/02/2021 912828WY2 MATURED PAR VALUE OF U S TREASURY NT 2.250% 7/31/21 8,000,000 PAR
VALUE AT 100 %
-8,000,000.0000 1.000000 8,000,000.00 -8,144,296.88 -144,296.88
08/02/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -43,000,000.0000 1.000000 43,000,000.00 -43,000,000.00 0.00
08/02/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,060,582.0000 1.000000 3,060,582.00 -3,060,582.00 0.00
08/16/2021 912828RC6 MATURED PAR VALUE OF U S TREASURY NT 2.125% 8/15/21 5,000,000 PAR
VALUE AT 100 %
-5,000,000.0000 1.000000 5,000,000.00 -5,039,453.13 -39,453.13
08/16/2021 31348SWZ3 PAID DOWN PAR VALUE OF F H L M C #786064 2.262% 1/01/28 JULY FHLMC
DUE 8/15/21
-22.8400 0.000000 22.84 -22.28 0.56
08/16/2021 3133TCE95 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 3.855% 8/15/32 -77.6000 14,794.736082 77.60 -77.68 -0.08
08/16/2021 47788EAC2 PAID DOWN PAR VALUE OF JOHN DEERE OWNER 3.080% 11/15/22 -143,699.6000 0.000000 143,699.60 -143,688.71 10.89
08/16/2021 58770FAC6 PAID DOWN PAR VALUE OF MERCEDES BENZ AUTO 1.840% 12/15/22 -186,115.1300 0.000000 186,115.13 -186,090.60 24.53
08/16/2021 65479JAD5 PAID DOWN PAR VALUE OF NISSAN AUTO 1.930% 7/15/24 -302,923.0600 0.000000 302,923.06 -302,907.07 15.99
08/16/2021 65479GAD1 PAID DOWN PAR VALUE OF NISSAN AUTO 3.060% 3/15/23 -153,289.3600 0.000000 153,289.36 -153,284.39 4.97
08/16/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,982,694.0000 1.000000 4,982,694.00 -4,982,694.00 0.00
08/16/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -6,460,291.8000 1.000000 6,460,291.80 -6,460,291.80 0.00
08/18/2021 43814UAG4 PAID DOWN PAR VALUE OF HONDA AUTO 3.010% 5/18/22 CMO FINAL
PAYDOWN
-22,876.2400 0.000000 22,876.24 -22,875.74 0.50
08/20/2021 36225CAZ9 PAID DOWN PAR VALUE OF G N M A I I #080023 2.125% 12/20/26 JULY GNMA DUE
8/20/21
-151.5500 0.000000 151.55 -154.05 -2.50
08/20/2021 36225CC20 PAID DOWN PAR VALUE OF G N M A I I #080088 2.000% 6/20/27 JULY GNMA DUE
8/20/21
-109.4500 0.000000 109.45 -111.84 -2.39
08/20/2021 36225CNM4 PAID DOWN PAR VALUE OF G N M A I I #080395 1.875% 4/20/30 JULY GNMA DUE
8/20/21
-113.4500 0.000000 113.45 -112.42 1.03
08/20/2021 36225CN28 PAID DOWN PAR VALUE OF G N M A I I #080408 1.875% 5/20/30 JULY GNMA DUE
8/20/21
-1,285.4300 0.000000 1,285.43 -1,272.37 13.06
08/20/2021 36225DCB8 PAID DOWN PAR VALUE OF G N M A I I #080965 2.250% 7/20/34 JULY GNMA DUE
8/20/21
-609.0500 0.000000 609.05 -608.67 0.38
08/23/2021 43815HAC1 PAID DOWN PAR VALUE OF HONDA AUTO 2.950% 8/22/22 -153,888.2000 0.000000 153,888.20 -153,867.09 21.11
08/25/2021 313385KW5 MATURED PAR VALUE OF F H L B DISC NTS 8/25/21 7,525,000 PAR VALUE AT
100 %
-7,525,000.0000 1.000000 7,523,032.66 -7,523,032.66 0.00
08/25/2021 31394JY35 PAID DOWN PAR VALUE OF F H L M C MLTCL MTG 6.500% 9/25/43 -3,754.3200 0.000000 3,754.32 -4,251.77 -497.45
08/25/2021 31371NUC7 PAID DOWN PAR VALUE OF F N M A #257179 4.500% 4/01/28 JULY FNMA DUE
8/25/21
-921.6900 0.000000 921.69 -974.78 -53.09
08/25/2021 31376KT22 PAID DOWN PAR VALUE OF F N M A #357969 5.000% 9/01/35 JULY FNMA DUE
8/25/21
-2,526.6700 0.000000 2,526.67 -2,716.17 -189.50
08/25/2021 31403DJZ3 PAID DOWN PAR VALUE OF F N M A #745580 5.000% 6/01/36 JULY FNMA DUE
8/25/21
-1,439.8500 0.000000 1,439.85 -1,547.84 -107.99
2 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/25/2021 31403GXF4 PAID DOWN PAR VALUE OF F N M A #748678 5.000% 10/01/33 JULY FNMA DUE
8/25/21
-3.9900 0.000000 3.99 -4.29 -0.30
08/25/2021 31406PQY8 PAID DOWN PAR VALUE OF F N M A #815971 5.000% 3/01/35 JULY FNMA DUE
8/25/21
-2,091.7200 0.000000 2,091.72 -2,248.60 -156.88
08/25/2021 31406XWT5 PAID DOWN PAR VALUE OF F N M A #823358 2.035% 2/01/35 JULY FNMA DUE
8/25/21
-410.0000 0.000000 410.00 -406.80 3.20
08/25/2021 31407BXH7 PAID DOWN PAR VALUE OF F N M A #826080 5.000% 7/01/35 JULY FNMA DUE
8/25/21
-70.9500 0.000000 70.95 -76.27 -5.32
08/25/2021 31410F4V4 PAID DOWN PAR VALUE OF F N M A #888336 5.000% 7/01/36 JULY FNMA DUE
8/25/21
-4,224.5600 0.000000 4,224.56 -4,541.40 -316.84
08/25/2021 3138EG6F6 PAID DOWN PAR VALUE OF F N M A #AL0869 4.500% 6/01/29 JULY FNMA DUE
8/25/21
-187.4100 0.000000 187.41 -198.20 -10.79
08/25/2021 31417YAY3 PAID DOWN PAR VALUE OF F N M A #MA0022 4.500% 4/01/29 JULY FNMA DUE
8/25/21
-287.9500 0.000000 287.95 -304.54 -16.59
08/25/2021 31397QRE0 PAID DOWN PAR VALUE OF F N M A GTD REMIC 2.472% 2/25/41 -3,461.4300 0.000000 3,461.43 -3,460.35 1.08
08/26/2021 912796D55 MATURED PAR VALUE OF U S TREASURY BILL 8/26/21 13,000,000 PAR VALUE
AT 100 %
-13,000,000.0000 1.000000 12,996,273.41 -12,996,273.41 0.00
08/26/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -3,003,350.9300 1.000000 3,003,350.93 -3,003,350.93 0.00
08/27/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -10,072,724.1800 1.000000 10,072,724.18 -10,072,724.18 0.00
08/31/2021 912828YC8 MATURED PAR VALUE OF U S TREASURY NT 1.500% 8/31/21 9,000,000 PAR
VALUE AT 100 %
-9,000,000.0000 1.000000 9,000,000.00 -9,084,726.56 -84,726.56
08/31/2021 31846V567 SOLD UNITS OF FIRST AM GOVT OB FD CL Z -4,113,845.7200 1.000000 4,113,845.72 -4,113,845.72 0.00
TOTAL DISPOSITIONS -163,203,030.1300 163,197,336.20 -163,749,575.21 -552,239.01
OTHER TRANSACTIONS
08/02/2021 CASH DISBURSEMENT PAID TO BANC OF CALIFORNIA OUTGOING DOMESTIC WIRE
PER DIR DTD 7/29/2021
0.0000 0.000000 -43,000,000.00 0.00 0.00
08/02/2021 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE
7/31/2021 INTEREST FROM 7/1/21 TO 7/31/21
0.0000 0.000000 60.19 0.00 0.00
08/02/2021 31846V567 INTEREST EARNED ON FIRST AM GOVT OB FD CL Z UNIT ON 0.0000 SHARES DUE
7/31/2021 INTEREST FROM 7/1/21 TO 7/31/21
0.0000 0.000000 115.21 0.00 0.00
08/02/2021 91282CBG5 INTEREST EARNED ON U S TREASURY NT 0.125% 1/31/23 $1 PV ON
10000000.0000 SHARES DUE 7/31/2021
0.0000 0.000000 6,250.00 0.00 0.00
08/02/2021 91282CBH3 INTEREST EARNED ON U S TREASURY NT 0.375% 1/31/26 $1 PV ON
18000000.0000 SHARES DUE 7/31/2021
0.0000 0.000000 33,750.00 0.00 0.00
08/02/2021 912828S76 INTEREST EARNED ON U S TREASURY NT 1.125% 7/31/21 $1 PV ON
43000000.0000 SHARES DUE 7/31/2021
0.0000 0.000000 241,875.00 0.00 0.00
08/02/2021 912828Z60 INTEREST EARNED ON U S TREASURY NT 1.375% 1/31/22 $1 PV ON
20000000.0000 SHARES DUE 7/31/2021
0.0000 0.000000 137,500.00 0.00 0.00
08/02/2021 912828H86 INTEREST EARNED ON U S TREASURY NT 1.500% 1/31/22 $1 PV ON 7500000.0000
SHARES DUE 7/31/2021
0.0000 0.000000 56,250.00 0.00 0.00
3 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/02/2021 9128287F1 INTEREST EARNED ON U S TREASURY NT 1.750% 7/31/21 $1 PV ON 2000000.0000
SHARES DUE 7/31/2021
0.0000 0.000000 17,500.00 0.00 0.00
08/02/2021 912828V80 INTEREST EARNED ON U S TREASURY NT 2.250% 1/31/24 $1 PV ON 7500000.0000
SHARES DUE 7/31/2021
0.0000 0.000000 84,375.00 0.00 0.00
08/02/2021 912828WY2 INTEREST EARNED ON U S TREASURY NT 2.250% 7/31/21 $1 PV ON 8000000.0000
SHARES DUE 7/31/2021
0.0000 0.000000 90,000.00 0.00 0.00
08/05/2021 3135G0V34 INTEREST EARNED ON F N M A 2.500% 2/05/24 $1 PV ON 5000000.0000
SHARES DUE 8/5/2021
0.0000 0.000000 62,500.00 0.00 0.00
08/09/2021 037833AZ3 INTEREST EARNED ON APPLE INC 2.500% 2/09/25 $1 PV ON 3922000.0000
SHARES DUE 8/9/2021
0.0000 0.000000 49,025.00 0.00 0.00
08/09/2021 06406RAA5 INTEREST EARNED ON BANK OF NY MTN 2.600% 2/07/22 $1 PV ON 2500000.0000
SHARES DUE 8/7/2021
0.0000 0.000000 32,500.00 0.00 0.00
08/12/2021 912828WU0 BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 52520.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
08/12/2021 912828WU0 FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 52520.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 52,520.00 0.00
08/12/2021 3137EAEP0 INTEREST EARNED ON F H L M C 1.500% 2/12/25 $1 PV ON 12335000.0000
SHARES DUE 8/12/2021
0.0000 0.000000 92,512.50 0.00 0.00
08/12/2021 912828WU0 PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 52520.0000
UNITS INCREASE TO ADJUST FOR CHANGE IN CPI
52,520.0000 0.000000 0.00 0.00 0.00
08/12/2021 912828WU0 STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 52520.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
08/13/2021 06051GHY8 INTEREST EARNED ON BANK OF AMERICAN MTN 2.015% 2/13/26 $1 PV ON
2500000.0000 SHARES DUE 8/13/2021
0.0000 0.000000 25,187.50 0.00 0.00
08/16/2021 31348SWZ3 INTEREST EARNED ON F H L M C #786064 2.262% 1/01/28 $1 PV ON 2.7100 SHARES
DUE 8/15/2021 JUNE FHLMC DUE 8/15/21
0.0000 0.000000 2.71 0.00 0.00
08/16/2021 3133TCE95 INTEREST EARNED ON F H L M C MLTCL MTG 3.855% 8/15/32 $1 PV ON 12.5300
SHARES DUE 8/15/2021 $0.00321/PV ON 3,907.65 PV DUE 8/15/21
0.0000 0.000000 12.53 0.00 0.00
08/16/2021 44934KAC8 INTEREST EARNED ON HTUNDAI AUTO REC TR 0.380% 1/15/26 $1 PV ON 1083.8400
SHARES DUE 8/15/2021 $0.00018/PV ON 6,040,000.00 PV DUE 8/15/21
0.0000 0.000000 1,083.84 0.00 0.00
08/16/2021 44891VAC5 INTEREST EARNED ON HYUNDAI AUTO LEASE 0.330% 6/17/24 $1 PV ON 1142.6300
SHARES DUE 8/15/2021 $0.00027/PV ON 4,155,000.00 PV DUE 8/15/21
0.0000 0.000000 1,142.63 0.00 0.00
08/16/2021 44933LAC7 INTEREST EARNED ON HYUNDAI AUTO REC 0.380% 9/15/25 $1 PV ON 665.0000
SHARES DUE 8/15/2021 $0.00032/PV ON 2,100,000.00 PV DUE 8/15/21
0.0000 0.000000 665.00 0.00 0.00
08/16/2021 47788UAC6 INTEREST EARNED ON JOHN DEERE OWNER 0.360% 9/15/25 $1 PV ON 690.0000
SHARES DUE 8/15/2021 $0.00030/PV ON 2,300,000.00 PV DUE 8/15/21
0.0000 0.000000 690.00 0.00 0.00
08/16/2021 47787NAC3 INTEREST EARNED ON JOHN DEERE OWNER 0.510% 11/15/24 $1 PV ON 629.0000
SHARES DUE 8/15/2021 $0.00042/PV ON 1,480,000.00 PV DUE 8/15/21
0.0000 0.000000 629.00 0.00 0.00
08/16/2021 47788EAC2 INTEREST EARNED ON JOHN DEERE OWNER 3.080% 11/15/22 $1 PV ON 1118.0900
SHARES DUE 8/15/2021 $0.00257/PV ON 435,620.08 PV DUE 8/15/21
0.0000 0.000000 1,118.09 0.00 0.00
4 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/16/2021 58769KAD6 INTEREST EARNED ON MERCEDES BENZ AUTO 0.400% 11/15/24 $1 PV ON 1105.0000
SHARES DUE 8/15/2021 $0.00033/PV ON 3,315,000.00 PV DUE 8/15/21
0.0000 0.000000 1,105.00 0.00 0.00
08/16/2021 58770FAC6 INTEREST EARNED ON MERCEDES BENZ AUTO 1.840% 12/15/22 $1 PV ON 2943.3700
SHARES DUE 8/15/2021 $0.00153/PV ON 1,919,585.70 PV DUE 8/15/21
0.0000 0.000000 2,943.37 0.00 0.00
08/16/2021 65479JAD5 INTEREST EARNED ON NISSAN AUTO 1.930% 7/15/24 $1 PV ON 6540.8000
SHARES DUE 8/15/2021 $0.00161/PV ON 4,066,821.42 PV DUE 8/15/21
0.0000 0.000000 6,540.80 0.00 0.00
08/16/2021 65479GAD1 INTEREST EARNED ON NISSAN AUTO 3.060% 3/15/23 $1 PV ON 2505.9000
SHARES DUE 8/15/2021 $0.00255/PV ON 982,705.58 PV DUE 8/15/21
0.0000 0.000000 2,505.90 0.00 0.00
08/16/2021 89237VAB5 INTEREST EARNED ON TOYOTA AUTO RECV 0.440% 10/15/24 $1 PV ON 1085.3300
SHARES DUE 8/15/2021 $0.00037/PV ON 2,960,000.00 PV DUE 8/15/21
0.0000 0.000000 1,085.33 0.00 0.00
08/16/2021 912828RC6 INTEREST EARNED ON U S TREASURY NT 2.125% 8/15/21 $1 PV ON 5000000.0000
SHARES DUE 8/15/2021
0.0000 0.000000 53,125.00 0.00 0.00
08/16/2021 06367WB85 PAID ACCRUED INTEREST ON PURCHASE OF BANK OF MONTREAL MTN 1.850%
5/01/25
0.0000 0.000000 -37,770.83 0.00 0.00
08/16/2021 912828H86 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.500% 1/31/22 0.0000 0.000000 -3,260.87 0.00 0.00
08/17/2021 69353RFB9 INTEREST EARNED ON PNC BANK NA MTN 2.625% 2/17/22 $1 PV ON 1000000.0000
SHARES DUE 8/17/2021
0.0000 0.000000 13,125.00 0.00 0.00
08/18/2021 43813KAC6 INTEREST EARNED ON HONDA AUTO 0.370% 10/18/24 $1 PV ON 997.4600
SHARES DUE 8/18/2021 $0.00031/PV ON 3,235,000.00 PV DUE 8/18/21
0.0000 0.000000 997.46 0.00 0.00
08/18/2021 43814UAG4 INTEREST EARNED ON HONDA AUTO 3.010% 5/18/22 $1 PV ON 57.3800
SHARES DUE 8/18/2021 $0.00251/PV ON 22,876.24 PV DUE 8/18/21
0.0000 0.000000 57.38 0.00 0.00
08/20/2021 36225CAZ9 INTEREST EARNED ON G N M A I I #080023 2.125% 12/20/26 $1 PV ON 17.4300
SHARES DUE 8/20/2021 JULY GNMA DUE 8/20/21
0.0000 0.000000 17.43 0.00 0.00
08/20/2021 36225CC20 INTEREST EARNED ON G N M A I I #080088 2.000% 6/20/27 $1 PV ON 12.8800
SHARES DUE 8/20/2021 JULY GNMA DUE 8/20/21
0.0000 0.000000 12.88 0.00 0.00
08/20/2021 36225CNM4 INTEREST EARNED ON G N M A I I #080395 1.875% 4/20/30 $1 PV ON 6.3300 SHARES
DUE 8/20/2021 JULY GNMA DUE 8/20/21
0.0000 0.000000 6.33 0.00 0.00
08/20/2021 36225CN28 INTEREST EARNED ON G N M A I I #080408 1.875% 5/20/30 $1 PV ON 51.0300
SHARES DUE 8/20/2021 JULY GNMA DUE 8/20/21
0.0000 0.000000 51.03 0.00 0.00
08/20/2021 36225DCB8 INTEREST EARNED ON G N M A I I #080965 2.250% 7/20/34 $1 PV ON 51.3000
SHARES DUE 8/20/2021 JULY GNMA DUE 8/20/21
0.0000 0.000000 51.30 0.00 0.00
08/23/2021 43813GAC5 INTEREST EARNED ON HONDA AUTO 0.270% 4/21/25 $1 PV ON 361.1300
SHARES DUE 8/21/2021 $0.00023/PV ON 1,605,000.00 PV DUE 8/21/21
0.0000 0.000000 361.13 0.00 0.00
08/23/2021 43815HAC1 INTEREST EARNED ON HONDA AUTO 2.950% 8/22/22 $1 PV ON 1224.6500
SHARES DUE 8/21/2021 $0.00246/PV ON 498,162.14 PV DUE 8/21/21
0.0000 0.000000 1,224.65 0.00 0.00
08/25/2021 03215PFN4 INTEREST EARNED ON AMRESCO 3.91711% 6/25/29 $1 PV ON 388.5200
SHARES DUE 8/25/2021 $0.00326/PV ON 119,021.64 PV DUE 8/25/21
0.0000 0.000000 388.52 0.00 0.00
08/25/2021 313385KW5 INTEREST EARNED ON F H L B DISC NTS 8/25/21 $1 PV ON 7525000.0000
SHARES DUE 8/25/2021 7,525,000 PAR VALUE AT 100 %
0.0000 0.000000 1,967.34 0.00 0.00
08/25/2021 3137BFE98 INTEREST EARNED ON F H L B GTD REMIC 3.171% 10/25/24 $1 PV ON 13212.5000
SHARES DUE 8/25/2021 $0.00264/PV ON 5,000,000.00 PV DUE 8/25/21
0.0000 0.000000 13,212.50 0.00 0.00
5 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/25/2021 31394JY35 INTEREST EARNED ON F H L M C MLTCL MTG 6.500% 9/25/43 $1 PV ON 2750.7900
SHARES DUE 8/25/2021 $0.00542/PV ON 507,838.31 PV DUE 8/25/21
0.0000 0.000000 2,750.79 0.00 0.00
08/25/2021 3135G05X7 INTEREST EARNED ON F N M A 0.375% 8/25/25 $1 PV ON 7945000.0000
SHARES DUE 8/25/2021
0.0000 0.000000 14,896.88 0.00 0.00
08/25/2021 31371NUC7 INTEREST EARNED ON F N M A #257179 4.500% 4/01/28 $1 PV ON 32.7900 SHARES
DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 32.79 0.00 0.00
08/25/2021 31376KT22 INTEREST EARNED ON F N M A #357969 5.000% 9/01/35 $1 PV ON 276.8500
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 276.85 0.00 0.00
08/25/2021 31403DJZ3 INTEREST EARNED ON F N M A #745580 5.000% 6/01/36 $1 PV ON 250.0800
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 250.08 0.00 0.00
08/25/2021 31403GXF4 INTEREST EARNED ON F N M A #748678 5.000% 10/01/33 $1 PV ON 3.3700 SHARES
DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 3.37 0.00 0.00
08/25/2021 31406PQY8 INTEREST EARNED ON F N M A #815971 5.000% 3/01/35 $1 PV ON 373.8100
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 373.81 0.00 0.00
08/25/2021 31406XWT5 INTEREST EARNED ON F N M A #823358 2.035% 2/01/35 $1 PV ON 117.7600
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 117.76 0.00 0.00
08/25/2021 31407BXH7 INTEREST EARNED ON F N M A #826080 5.000% 7/01/35 $1 PV ON 49.6700 SHARES
DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 49.67 0.00 0.00
08/25/2021 31410F4V4 INTEREST EARNED ON F N M A #888336 5.000% 7/01/36 $1 PV ON 442.1500
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 442.15 0.00 0.00
08/25/2021 3138EG6F6 INTEREST EARNED ON F N M A #AL0869 4.500% 6/01/29 $1 PV ON 21.2200
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 21.22 0.00 0.00
08/25/2021 31417YAY3 INTEREST EARNED ON F N M A #MA0022 4.500% 4/01/29 $1 PV ON 36.2400
SHARES DUE 8/25/2021 JULY FNMA DUE 8/25/21
0.0000 0.000000 36.24 0.00 0.00
08/25/2021 31397QRE0 INTEREST EARNED ON F N M A GTD REMIC 2.472% 2/25/41 $1 PV ON 69.8000
SHARES DUE 8/25/2021 $0.00064/PV ON 108,887.66 PV DUE 8/25/21
0.0000 0.000000 69.80 0.00 0.00
08/26/2021 14913Q2T5 INTEREST EARNED ON CATERPILLAR FINL MTN 2.950% 2/26/22 $1 PV ON
2000000.0000 SHARES DUE 8/26/2021
0.0000 0.000000 29,500.00 0.00 0.00
08/26/2021 912796D55 INTEREST EARNED ON U S TREASURY BILL 8/26/21 $1 PV ON 13000000.0000
SHARES DUE 8/26/2021 13,000,000 PAR VALUE AT 100 %
0.0000 0.000000 3,726.59 0.00 0.00
08/26/2021 86959RQE3 PAID ACCRUED INTEREST ON PURCHASE OF SVENSKA C D 0.230% 5/10/22 0.0000 0.000000 -2,070.00 0.00 0.00
08/27/2021 912828WU0 BOOK VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 56472.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
08/27/2021 912828WU0 FED BASIS OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 56472.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 56,472.00 0.00
08/27/2021 912828H86 PAID ACCRUED INTEREST ON PURCHASE OF U S TREASURY NT 1.500% 1/31/22 0.0000 0.000000 -11,005.43 0.00 0.00
08/27/2021 912828WU0 PAR VALUE OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 56472.0000
UNITS INCREASE TO ADJUST FOR CHANGE IN CPI
56,472.0000 0.000000 0.00 0.00 0.00
08/27/2021 912828WU0 STATE COST OF U S TREASURY I P S 0.125% 7/15/24 ADJUSTED BY 56472.00 UNITS
INCREASE TO ADJUST FOR CHANGE IN CPI
0.0000 0.000000 0.00 0.00 0.00
6 of 7
U.S. Bank
Transaction History
August 2021
Entry Date CUSIP Id Explanation Units Price Net Cash Amt Cost Gain/Loss
08/31/2021 912828YC8 INTEREST EARNED ON U S TREASURY NT 1.500% 8/31/21 $1 PV ON 9000000.0000
SHARES DUE 8/31/2021
0.0000 0.000000 67,500.00 0.00 0.00
08/31/2021 912828J43 INTEREST EARNED ON U S TREASURY NT 1.750% 2/28/22 $1 PV ON 7500000.0000
SHARES DUE 8/31/2021
0.0000 0.000000 65,625.00 0.00 0.00
08/31/2021 912828L24 INTEREST EARNED ON U S TREASURY NT 1.875% 8/31/22 $1 PV ON 6000000.0000
SHARES DUE 8/31/2021
0.0000 0.000000 56,250.00 0.00 0.00
08/31/2021 912828W48 INTEREST EARNED ON U S TREASURY NT 2.125% 2/29/24 $1 PV ON
10000000.0000 SHARES DUE 8/31/2021
0.0000 0.000000 106,250.00 0.00 0.00
TOTAL OTHER TRANSACTIONS 108,992.0000 -41,672,411.58 108,992.00 0.00
7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1840 Agenda Date:9/29/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
PUMP STATION PORTABLE GENERATOR CONNECTORS, PROJECT NO. FE19-01
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for Pump Station Portable Generator
Connectors, Project No. FE19-01;
B. Award a Construction Contract to Pacific International Electric Company, Inc., dba Pacific
Industrial Electric, for Pump Station Portable Generator Connectors, Project No. FE19-01, for
an amount not to exceed $1,207,479; and
C. Approve a contingency of $120,748 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) operates 15 pump stations as part of its collection
system. These pump stations require emergency power during the loss of utility power. Seven of the
pump stations include dedicated, on-site standby generators. The remaining eight pump stations
have connectors to quickly connect a portable generator.
Pump stations typically have a main switchboard to distribute power, either from Southern California
Edison or standby generator, through motor control centers to all the loads in the pump station.
These switchboards require periodic inspection and maintenance that requires them to be de-
energized.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Commitment to safety & reducing risk in all operations
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1840 Agenda Date:9/29/2021 Agenda Item No:6.
PROBLEM
The current configuration of the Southern California Edison and emergency generator power feeds
through the main switchboard do not allow for pump station operation during switchboard inspection
and maintenance.The main switchboard must be fully de-energized to perform the required
inspection and maintenance.
The current maintenance practice is to by-pass a pump station or do the work at night during low flow
periods while carefully monitoring wet well levels and certain low-lying upstream manholes to be sure
that no spill occurs.If the level does rise too quickly,the work must be immediately stopped to put
the pump station back in service.
PROPOSED SOLUTION
Award a Construction Contract for Pump Station Portable Generator Connectors,Project No.FE19-
01 to reconfigure the generator connections to allow pump station operation and switchboard
maintenance at the same time.This project will install new generator connectors at 13 of the 15
pump stations.An earlier project installed a portable generator connector at one of the pump stations
which is operating satisfactorily,and the other pump station is planned for demolition in the near
future.
TIMING CONCERNS
Until these generator connectors are installed,routine switchboard maintenance runs the risk of
creating a sewage spill.
RAMIFICATIONS OF NOT TAKING ACTION
Routine maintenance on the main switchboard will continue to be more difficult to perform during the
limited low flow windows or with costly by-pass pumping.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Pump Station Portable Generator Connectors,Project No.FE19-01 for bids on
April 27,2021,and eight sealed bids were received on June 23,2021.A summary of the bid opening
follows:
Engineer’s Estimate $ 1,562,000
Bidder Amount of Bid
Pacific International Electric Company, Inc., dba Pacific Industrial
Electric
$ 1,207,479
AMTEK Construction $ 1,325,333
Metro Builders & Engineers Group, Ltd $ 1,384,408
R.I.C. Construction Co., Inc.$ 1,400,783
Mass Electric Construction Co.$ 1,419,180
Leed Electric, Inc.$ 1,877,211
Shimmick Construction Inc.$ 1,979,048
R2BUILD, dba R2B Engineering $ 2,160,000
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1840 Agenda Date:9/29/2021 Agenda Item No:6.
Engineer’s Estimate $ 1,562,000BidderAmount of Bid
Pacific International Electric Company, Inc., dba Pacific Industrial
Electric
$ 1,207,479
AMTEK Construction $ 1,325,333
Metro Builders & Engineers Group, Ltd $ 1,384,408
R.I.C. Construction Co., Inc.$ 1,400,783
Mass Electric Construction Co.$ 1,419,180
Leed Electric, Inc.$ 1,877,211
Shimmick Construction Inc.$ 1,979,048
R2BUILD, dba R2B Engineering $ 2,160,000
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on July 28,2021,informing them of the intent of OC San to recommend award of the
Construction Contract to Pacific International Electric Company, Inc., dba Pacific Industrial Electric.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder,Pacific International Electric Company,Inc.,dba Pacific Industrial Electric,for a total amount
not to exceed $1,207,479.
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 the Sanitation District’s 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
SP:sa:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 5
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 ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
THIS AGREEMENT is made and entered into, to be effective, this September 29, 2021, by and
between Pacific International Electric Company, Inc. dba Pacific Industrial Electric, hereinafter
referred to as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred
to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 2 of 24
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 3 of 24
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
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 4 of 24
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 5 of 24
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within five hundred forty (540) calendar days from the date of
the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes seven (7) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 6 of 24
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “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”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 7 of 24
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of One Million Two Hundred Seven Thousand Four
Hundred Seventy-Nine Dollars ($1,207,479) as itemized on the Attached Exhibit “A”.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 8 of 24
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 9 of 24
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 OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 10 of 24
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, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 11 of 24
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
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
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 12 of 24
(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 OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 13 of 24
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 OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 14 of 24
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. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 15 of 24
applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers,
agents, or employees. 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
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-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 16 of 24
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 17 of 24
Or alternatively, (2) Five Hundred Thousand Dollars ($500,000) per person for bodily
injury, One Million Dollars ($1,000,000) per accident for bodily injury, and Five
Hundred Thousand Dollars ($500,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OCSD.
5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such self-insured
retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 18 of 24
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 19 of 24
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 20 of 24
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are 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-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01
c. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 21 of 24
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 22 of 24
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 23 of 24
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B 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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200
Costa Mesa, California 92626 TO CONTRACTOR: Pacific International Electric Company, Inc. dba
Pacific Industrial Electric 230 N. Orange Avenue Brea, CA 92821
Copy to: Roxanne Medina, CEO Pacific International Electric Company, Inc. dba Pacific Industrial Electric 230 N. Orange Avenue Brea, CA 92821
C-CA-103020 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Pacific International Electric Company, Inc. dba Pacific Industrial Electric
230 N. Orange Avenue
Brea, CA 92821
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 655104 (Expiration Date – 09/30/2022)
OCSD: Orange County Sanitation District
By______________________________ John B. Withers Board Chairman
By______________________________ Kelly A. Lore
Clerk of the Board By______________________________ Ruth Zintzun
Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS 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 – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 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 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS 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 OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 5 of 8
acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS 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.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS 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 OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-080414 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Pacific Industrial Electric BF-14 SCHEDULE OF PRICES, Pages 1 - 2
Bid Submitted By: _P_a_c_ifi_1c_ln_d_u_s_tr_ia_l_E_le_c_t_ri_c _____ _
(Name of Finn)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work.
including profit. overhead. etc .• unless otherwise specified in the Contract Documents. All
applicable sales taxes. state and/or federal. and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
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-010521
PROJECT NO. FE19-01
PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS
Page 1 of 2
BF-14 SCHEDULE OF PRICES C-BF-010521 PROJECT NO. FE19-01 PUMP STATION AND POWER BUILDING 5 PORTABLE GENERATOR CONNECTORS Page 2 of 2
Bid Submitted By: ______________________________________ (Name of Firm)
EXHIBIT A SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No. Description Unit of Measurement Approx Qty Extended Price
1. Mobilization: Initial progress payment for all fees, labor, materials and equipment required for mobilization, staging area, surety bonds, and other activities in conformance with the Contract Documents, for a fixed amount of…
Lump Sum 1 = $ 62,000
2. Completion of Work: Furnish all labor, materials and equipment necessary for the completion of the Contract Work, except for the Work specified for Bid Item 1, in conformance with the Contract Documents, for the lump sum
price of…
Lump Sum 1 = $
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1841 Agenda Date:9/29/2021 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT SERVICES SPECIFICATION
NO. S-2021-1255BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Service Contract with Jamison Engineering for Condition Assessment On-Call
Contractor Support Services, Specification S-2021-1255BD, for the period of November 1,
2021 through October 31, 2022, for a total amount not to exceed $783,470, with four, one-year
renewal options; and
B. Approve an annual contingency of $78,347 (10%).
BACKGROUND
Contractor support services are used to support condition and/or corrosion assessments by Orange
County Sanitation District (OC San) staff and corrosion consultants, and ensure that they are
performed safely and efficiently. The Scope of Services includes, but is not limited to, confined space
entry support, forced air ventilation, pipe cleaning, dewatering, bypass pumping, closed circuit
television surveys, and minor incidental repairs.
Corrosion condition assessments provide vital information with respect to the condition and life
expectancy of critical plant and collections process structures. Condition assessments are a key
component of OC San’s Asset Management Program.
RELEVANT STANDARDS
·Protection of OC San assets
·Maintain a proactive asset management program
·Maintain and adhere to appropriate internal planning documents (Strategic Plan)
·Commitment to safety & reducing risk is all operations
Orange County Sanitation District Printed on 9/22/2021Page 1 of 4
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1841 Agenda Date:9/29/2021 Agenda Item No:7.
PROBLEM
Jamison Engineering currently provides on-call contractor support services for OC San’s Asset
Management Program. The current contract expires on October 31, 2021.
PROPOSED SOLUTION
OC San advertised an RFP on July 1,2021 and two proposals were received.Based on OC San’s
evaluation process and pursuant to government codes,staff recommends approval of the Service
Contract with Jamison Engineering for the Condition Assessment On-Call Contractor Support
Services.
TIMING CONCERNS
The current contract will expire October 31,2021.Delay of the new contract will suspend planned
condition assessments that are part of the Asset Management Program.
RAMIFICATIONS OF NOT TAKING ACTION
There would be a reduction in the number of condition and corrosion assessments performed,
increasing the risk of not detecting and addressing a deteriorating and failed condition.
PRIOR COMMITTEE/BOARD ACTIONS
September 2016 -Board approved On-Call Contractor Support Services,Specification No.S-2016-
772BD,with Jamison Engineering for the period November 1,2016 through October 31,2017 for a
total amount not to exceed $700,615,with four one-year renewal options;and approved a
contingency of $70,061 (10%).
ADDITIONAL INFORMATION
A Request for Proposal (RFP)was issued for the Condition Assessment On-Call Contractor Support
Services on July 1,2021.A non-mandatory pre-proposal meeting was conducted virtually on July 14,
2021.The following evaluation criterion were described in the RFP and used to determine the most
qualified company.
CRITERION WEIGHT
Qualifications & Experience of Firm 30%
Staffing & Project Organization 30%
Understanding of Work 20%
Cost & Price 20%
Two proposals were received on July 30,2021 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
one Engineering Supervisor,one Maintenance Superintendent,one Senior Engineer,and one Safety
Supervisor.Although OC San received two proposals,one company,Mehta Mechanical Company
Orange County Sanitation District Printed on 9/22/2021Page 2 of 4
powered by Legistar™
File #:2021-1841 Agenda Date:9/29/2021 Agenda Item No:7.
Supervisor. Although OC San received two proposals, one company, Mehta Mechanical Company
Inc., was found to be non-responsive for failing to submit a technical proposal.
The Evaluation Team met on August 3, 2021 and evaluated and scored the proposals on the
established criterion as summarized in the table below:
Firm Qualifications
& Experience
(Max 30)
Proposed
Staffing (Max
30)
Understanding
of Work (Max
20)
Subtotal
Score (Max
80)
1 Jamison Engineering 29 28 19 76
2 Mehta Mechanical Non-Responsive
All proposals were accompanied by a sealed cost proposal. Only the cost proposal for the responsive
proposal was opened.
Firm Subtotal Score
without Cost
(Max 80)
Cost (Max 20)Total Weighted
Score (Max
100)
1 Jamison Engineering 76 20 96
Staff reviewed and ranked the proposals and Jamison Engineering was the top-ranked proposer.
Jamison Engineering is qualified based on the firm’s and project team’s qualifications and safety
certifications. They have the appropriate relevant experience with OC San and other agencies
conducting similar work. Their approach and understanding of the work were determined to be
satisfactory.
Staff recommends approval of a Service Agreement with Jamison Engineering for an amount not to
exceed $783,470 per year for the first contract period (November 2021 - October 2022) with an
annual contingency of $78,347 (10%) to account for unforeseen field conditions that may need
immediate response while performing assessments.
CEQA
This is not a project as defined by the California Environmental Quality Act (CEQA), therefore CEQA
does not apply.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance. This
recommendation would be funded under the Professional & Contractual Services line item for the
Engineering Department (Budget Update Fiscal Year 2021-2022, Page 43). This contract will span
over two separate Fiscal Years (Fiscal Year 2021-2022 and 2022-2023), and the available funding is
sufficient for this action.
Orange County Sanitation District Printed on 9/22/2021Page 3 of 4
powered by Legistar™
11
File #:2021-1841 Agenda Date:9/29/2021 Agenda Item No:7.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
Orange County Sanitation District Printed on 9/22/2021Page 4 of 4
powered by Legistar™
Orange County Sanitation District 1 of 9 Specification No.S-2021-1255BD Revision 031021
SERVICE CONTRACT CONDITION ASSESSMENT ON-CALL CONTRACTOR SUPPORT SERVICES Specification No. S-2021-1255BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Jamison Engineering Contractors, Inc. with a principal place of business at 2525 South Yale Street, Santa Ana, CA 92704 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for Condition Assessment On-call Contractor SupportServices as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56; and
WHEREAS, on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services,
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 Contract and all exhibits hereto is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.1 The term “Task Order”, when referenced under this Contract, shall mean an order issued by the OC San Project Manager or designee for a specific scope of work. 1.2 Task Orders issued under this Contract shall be incorporated by reference and made part
hereof, upon issuance of the Task Order. 1.3 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein. Exhibit “A” Scope of Work
Exhibit “B” Cost Proposal Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.4 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below:
Orange County Sanitation District 2 of 9 Specification No.S-2021-1255BD Revision 031021
a. Addenda issued prior to opening of Bids – the last in time being the first in precedence b. Service Contract
c. Exhibit “F” General Conditions d. Exhibit “C” Determined Insurance Requirement Form e. Exhibit “D” Contractor Safety Standards
f. Permits and other regulatory requirements g. Exhibit “E” Human Resources Policies h. Individual Task Orders, Inclusive of Task Order Scopes of Work i. Exhibit “A” Scope of Work j. Exhibit “B” Cost Proposal Form 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. 1.6 The provisions of this Contract and provisions of the Task Orders may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.8 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge
beyond the price provided under “Compensation” below. 1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed Seven Hundred Eighty-three Thousand, Four Hundred Seventy Dollars ($783,470.00). 3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and
enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply
with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors 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 Standards Enforcement of the Department of Industrial Relations.
Orange County Sanitation District 3 of 9 Specification No.S-2021-1255BD Revision 031021
3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation
Section 16461(e). 3.5 In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED.
4. Payments and Invoicing 4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of itemized invoices submitted for Task Orders completed in accordance with Exhibit “A” and the individual Task Order. OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and Specific Task Order Number shall be referenced in the subject line. 5. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices submitted by
Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services
identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards.
7. 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. 8. Contract Term The Services provided under this Contract shall be for the period of one (1) year commencing on November 1, 2021 and continuing through October 31, 2022. 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods, under the terms and conditions contained herein. OC San shall make no obligation to renew nor give reason if it elects not to renew.
9.2 This Contract may be renewed by OC San Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. In addition, refer to General Conditions, Exhibit “F”, GC-27, EXTENSION OF TIME FOR DELAY.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon
receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor
Orange County Sanitation District 4 of 9 Specification No.S-2021-1255BD Revision 031021
expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release
OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
12.2 OC San reserves the right to terminate this Contract immediately upon OC San’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract. 12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract.
12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first.
13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the
requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall
Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Bonds – Not Used
15. Indemnification and Hold Harmless Provision Contractor 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 Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor 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 Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor'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
Orange County Sanitation District 5 of 9 Specification No.S-2021-1255BD Revision 031021
or in part, for any loss, damage, or injury. Contractor 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. 16. Contractor Safety Standards and Human Resources Policies OC San requires Contractor
and its subcontractor(s) 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 Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to the Safety requirements in Exhibit “A”, all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
17. Warranties - Refer to General Conditions, Exhibit “F”, GC-19 WARRANTY (CONTRACTOR’S GUARANTEE).
18. Liquidated Damages – Not Used
19. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
20. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 21. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
22. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California
Water Codes Division 2. In addition, refer to General Conditions, Exhibit “F”, GC-35, STORMWATER REQUIREMENTS.
23. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 24. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC
San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State,
Orange County Sanitation District 6 of 9 Specification No.S-2021-1255BD Revision 031021
County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor.
25. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless
from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
26. Contractor’s Employees Compensation - In addition, refer to General Conditions, Exhibit “F”, GC-4, LAWS TO BE OBSERVED 26.1 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.
26.2 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 same are on file in the Engineering Department. The Contractor agrees that not less than
said prevailing rates shall be paid to workers employed on this 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 project site, which shall be made available to any interested party upon request. 26.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) 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.
26.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more
or five (5) working days or more. 26.5 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 it hereunder. 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 (1)
Orange County Sanitation District 7 of 9 Specification No.S-2021-1255BD Revision 031021
calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day
and each calendar week by each worker employed by Contractor in connection with the project. 26.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing
the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776.
27. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the
latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall
comply with the appropriate rules and regulations of the SCAQMD. 28. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof.
29. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor 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.
30. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if
OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental
or consequential damages. 31. Dispute Resolution - Refer to General Conditions, Exhibit “F”, GC-25, DISPUTES
32. Attorney’s Fees - Refer to General Conditions, Exhibit “F”, GC-24, CLAIMS
33. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract.
Orange County Sanitation District 8 of 9 Specification No.S-2021-1255BD Revision 031021
34. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is
held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties. 35. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San. In addition, refer to General Conditions, Exhibit “F”, GC-9, PRESERVATION OF PROPERTY. 36. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San. 37. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
38. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void.
39. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
40. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
41. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
42. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the
Parties are formally bound. 43. Entire Agreement This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
Orange County Sanitation District 9 of 9 Specification No.S-2021-1255BD Revision 031021
44. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder
shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Don Jamison, President Jamison Engineering Contractors, Inc. 2525 South Yale Street Santa Ana, CA 92704 Each party shall provide the other party written notice of any change in address as soon as
practicable. 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
JAMISON ENGINEERING CONTRACTORS, INC. Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
CMM
EXHIBIT “A” Specification No. S-2021-1255BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT A 1 of 12 Specification No. S-2021-1255BD
EXHIBIT A SCOPE OF WORK CONDITION ASSESSMENT ON CALL CONTRACTOR SUPPORT SERVICES
SPECIFICATION NO. S-2021-1255BD
I. ORGANIZATIONAL INFORMATION ........................................................................ 2
II. SUMMARY ................................................................................................................ 2
III. BACKGROUND, PROJECT DESCRIPTION AND PROJECT ELEMENTS ............. 3
A. BACKGROUND ................................................................................................... 3
B. GENERAL PROJECT DESCRIPTION ................................................................. 3
C. PROJECT ELEMENTS ........................................................................................ 4
I. PROJECT ELEMENT 1 – CONFINED SPACE ENTRY SUPPORT WITH SCBA, SUPPLIED AIR OR DRAGER BG-4 RE-BREATHER APPARATUS ....................... 5
II. PROJECT ELEMENT 2 – CONFINED SPACE ENTRY SUPPORT (NON SCBA) ...... 5
III. PROJECT ELEMENT 3 – FORCED AIR VENTILATION ........................................ 5
IV. PROJECT ELEMENT 4 – WATER JETTING – PIPE CLEANING ............................ 6
V. PROJECT ELEMENT 5 – DEWATERING AND BY-PASS PUMPING ....................... 6
VI. PROJECT ELEMENT 6 – DEBRIS, GRIT AND RAG REMOVAL ............................ 6
VII. PROJECT ELEMENT 7 – CLOSED CIRCUIT TELEVISION SURVEYS ..................... 6
VIII. PROJECT ELEMENT 8 – REPAIR OF PIPELINE LINER AND COATING SYSTEMS ... 7
IX. PROJECT ELEMENT 9 – INCIDENTAL REPAIRS ............................................... 7
X. PROJECT ELEMENT 10 – EXCAVATION AND SHORING ... ERROR! BOOKMARK NOT
DEFINED.
IV. PROJECT MANAGEMENT ....................................................................................... 7
A. PROJECT SCHEDULE ........................................................................................ 8
B. PROJECT DOCUMENTATION ............................................................................ 8
C. CONSTRUCTION AND INSTALLATION SERVICES .......................................... 8
D. WORK HOURS/NOISE REQUIREMENTS ........................................................... 8
V. TRAFFIC CONTROL ................................................................................................. 9
VI. SPILL REPORTING AND HANDLING .................................................................... 11
VII. RESEALING MANHOLE AND VAULT COVERS ................................................. 11
VIII. FOCUS MEETINGS AND DRY RUNS .................................................................. 11
IX. MANAGEMENT OF SUBCONTRACTORS AND SUB-CONSULTANTS ............... 12
X. REQUEST FOR CORROSION ASSESSMENT SUPPORT .................................... 12
EXHIBIT A 2 of 12 Specification No. S-2021-1255BD
I. ORGANIZATIONAL INFORMATION
Orange County Sanitation District (OC San) is a governmental agency responsible for wastewater 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. OCSD’s Plant 1 and Administrative Offices are located at 10844 Ellis Avenue, Fountain Valley, and Plant 2 is located at 22212 Brookhurst Street, Huntington Beach.
II. SUMMARY
This scope of work is for on-call Contractor support services for assessments and
incidental repairs of OC San’s assets including pipelines, sewers, manholes, wet wells, tunnels, and other structures to be determined by OC San staff. The Contractor shall provide all personnel and equipment as needed to support OC San staff in their assessment and incidental repairs of OC San assets including
performing ancillary Task Orders such as cleaning, and debris removal to perform
the assessments and to carry out incidental repairs as directed by OC San staff.
Required services include, but are not limited to the following:
• Confined space entry support, including provision of personnel and of all
associated essential equipment for safe entry/exit, rescue personnel and
equipment, preparation of safety plans in accordance with OC San requirements, focus meetings, shutdown dry runs, and coordinating lockout tagout (LOTO) procedures. As these entries include live sewers or exposure to potentially Immediately Dangerous to Life and Health (IDLH) environments,
Contractor and Subcontractor will be required to provide and use Self-
Contained Breathing Apparatus (SCBA) or Supplied Air Respirators (SAR), equipped with emergency escape bottles. Rescue personnel and support equipment shall be provided for all confined space entries, and all rescue teams shall be certified to comply with Cal-OSHA requirements.
• Forced-air ventilation
• Water jetting – pipe or wet well cleaning prior to assessments by OC San
• Dewatering or by-pass pumping
• Debris, grit, and rag removal prior to assessments
• Incidental repairs
• Closed Circuit TV (CCTV) support and CCTV production
• Repairs to existing T-Lock® Arrow-Lock® or other types of liners and coatings, and other incidental repairs as directed by OC San.
• Traffic control to facilitate assessments.
The Contractor shall at all times provide services to ensure compliance with all applicable regulatory requirements and OC San’s standards. The Contractor shall contract with qualified and approved specialist consultants for the provision of
specific services to include concrete core analysis, structural engineering evaluation, Non-Destructive Evaluation (NDE), and cathodic protection system surveys as needed to augment the directly provided services.
EXHIBIT A 3 of 12 Specification No. S-2021-1255BD
III. BACKGROUND, PROJECT DESCRIPTION AND PROJECT ELEMENTS
A. BACKGROUND
In other industries, corrosion engineering and corrosion control design as it
relates to pipelines, process piping, and storage and treatment facilities has
experienced different levels of implementation depending on risk of failure and consequence of failure. Hazardous materials such as fuel oil and natural gas have a mandate from the United States Department of Transportation (DOT), as implemented by the California Public Utilities Commission (CPUC), calling
for corrosion monitoring and assessment on a regular basis. As a result, these
industries have proactive corrosion control programs and in-house corrosion departments.
Corrosion engineering in the water and wastewater industries varies by municipality. Generally, economic, and environmental factors have been the
motivation for corrosion control, ranging from fix it as it leaks (reactive) to
proactive programs of inspection/assessment followed by coatings, linings, and external cathodic protection. In the 1980s East Bay MUD demonstrated that investment into a proactive corrosion control and monitoring program resulted in a saving of $15 to every $1 allocated to corrosion control. OC San has
constructed several new facilities for expansion since the first facilities began
operation in 1954. Excavating facilities for repair or replacement due to corrosion requires an enormous effort and high cost. Regulations have been changing infrastructure management. In response to these factors OC San has elected to support a proactive maintenance program. One element of this
proactive approach is to perform internal assessments of piping and associated
facilities, to determine their current condition, and use this information to make recommendations regarding their future maintenance and operation.
B. GENERAL PROJECT DESCRIPTION
The purpose of this contract is to provide OC San with on-call Contractor-
support services so that OC San can carry out assessments of selected
facilities, structures, pipelines, and other assets in order to evaluate their current condition. In addition, perform maintenance remedial repairs as directed by OC San. The shutdowns, flow diversions, assessments and all other Task Order orders will be scheduled by OC San personnel.
The level of Contractor support will vary for each structure or asset to be
assessed depending upon the specific facility and the planned level of assessment that is either desired or is practical. In all instances the assessments will be directed by OC San personnel and not by the Contractor.
The Contractor will provide the required support for each assessment Task
Order as determined on a case-by-case basis. All subcontractors will be
approved by OC San prior to performing any services under this contract.
The level of Contractor support for incidental repairs will be dependent upon the specific Task Order. In all instances the repairs will be directed by OC San personnel and not by the Contractor.
EXHIBIT A 4 of 12 Specification No. S-2021-1255BD
For each Task Order, OC San will prepare a “Request for Assessment Support/Incidental Repairs” that includes a scope of work, schedule, work duration and a not to exceed amount for the services to be provided by the
Contractor.
It is also anticipated that the Contractor will provide input into or prepare a work plan or means and methods plan to optimize the assessment/incidental repair process. This may involve preliminary meetings and job walks with OCSD staff to finalize the support requirements to perform the required corrosion
assessments. No Task Order shall exceed $99,000, including incidental
repairs.
The Contractor shall provide the following services:
• Confined space entry support for permit-required confined spaces, including
but not limited to provision of SCBA/SAR equipment, rescue equipment
(e.g., davits, winches, harnesses, tripods, SRLs), rescue team, ventilation equipment, communication equipment, and atmospheric monitoring equipment.
• Provision of 3,000 psi water-jetting equipment with up to 300 feet of associated hoses and trained operators to adequately water jet as needed prior to CCTV inspection and physical assessment by OC San.
• Provision of submersible or grade-mounted pumps of appropriate rating and
capacity to dewater the identified structures for internal Corrosion
assessment by OC San. This will include installation and removal of all required bypass piping and associated fittings.
• Debris and rag removal using vacuum excavation equipment (e.g., Vactors)
or other approved equipment prior to physical or CCTV assessments.
• Provision of CCTV services and required support in compliance with OC San standards.
• Provision of a trailer mounted welding machine.
• Provision of as-needed incidental repairs.
• Provision of concrete core drilling equipment and drill bits for core sampling.
• Repair of existing Ameron T-Lock® liner or other lining and coatings by qualified and experienced personnel. The Contractor’s staff must be able to communicate in English both verbally and in writing with OC San staff as well as with other members of their crew. The Contractor’s staff shall demonstrate
the capability to read, interpret, and understand the Safety/OSHA requirements, OC San’s plans, drawings, and specifications, as necessary. All work and equipment utilized shall conform to Cal OSHA Title 8 requirements including, but not limited to, work performed in confined spaces and/or gas hazardous environments.
C. PROJECT ELEMENTS
The Project will be divided into Project Elements for which unit rates are to be provided by the Contractor as indicated in the Cost Proposal Form. For any
EXHIBIT A 5 of 12 Specification No. S-2021-1255BD
given assessment, the Contractor will be required to supply all manpower and equipment to provide for a combination of Project Elements as determined by OCSD to meet the needs of the individual assessments.
i. PROJECT ELEMENT 1 – CONFINED SPACE ENTRY SUPPORT WITH SCBA, SUPPLIED AIR OR DRAGER BG-4 RE-BREATHER APPARATUS
• Confined space entry support for permit-required confined spaces, including but not limited to provision of SCBA/SAR equipment, rescue equipment
(e.g., davits, winches, harnesses, tripods, SRLs), rescue team, ventilation
equipment, communication equipment, and atmospheric monitoring equipment. Contractor personnel shall be trained in confined space entry and rescue, including confined space entry supervisor, entrant, attendant, and rescue. The Contractor shall prepare all safety plans, confined space
entry procedures, rescue plans, and coordinate lockout tagout (LOTO) with
OC San staff for each assessment. The Contractors rescue team shall be provided for all confined space entries. The rescue team shall be trained and certified in accordance with the Cal/OSHA requirements. All entry support staff shall be trained, experienced, and certified in the use and
operation of SCBA, SAR, fall protection, ventilation, and atmospheric
monitoring equipment. All entry support staff shall be trained and experienced in providing communications systems for entrants in often long-line live sewers where line of sight communications are not possible. Experience to include the use of bone mike-radio systems, hard wire
communications, air horns and other technologies or means to provide
adequate communications during assessments. Forced-air ventilation equipment including fans, venturis, ducting, and portable generators as needed to permit, where practical, non-SCBA entry for the OC San
assessment engineers and Contractor’s support crews.
ii. PROJECT ELEMENT 2 – CONFINED SPACE ENTRY SUPPORT (NON SCBA)
Confined space entry and support for OC San staff entry to include confined space entry supervisor, attendant, entrant, rescue personnel, entry and exit equipment, monitoring equipment and all standard safety equipment
(including but not limited to all PPE, tripods, winches, harnesses, fall
restraint lanyards and ropes), Self-Contained-Self-Rescue (SCSR) Re-breathers (Ocenco EBA 6.5) and communications systems to perform the required assessments. The Contractor’s entry supervisor shall prepare the required safety plans with OC San Safety staff and coordinate LOTO with
OC San personnel for each assessment.
iii. PROJECT ELEMENT 3 – FORCED AIR VENTILATION
Provision of forced-air ventilation equipment including fans, venturis, ducting, electrical cords, and portable generators with GFCI’s as needed to permit entry into the assets for OC San and Contractor’s staff. Contractor to provide suitably rated ventilation fans, associated equipment and support
personnel from local subcontractors as required and as directed by the OC San Project Engineer.
EXHIBIT A 6 of 12 Specification No. S-2021-1255BD
iv. PROJECT ELEMENT 4 – WATER JETTING – PIPE CLEANING
The Contractor shall provide water jetting equipment rated at 3,000 PSI, with a minimum of 300 feet of associated hoses and trained operators to
adequately clean surfaces prior to inspection and physical assessment by
OC San staff. All water, power generation, and removal of jet water with contained debris to be performed by the Contractor. All extracted material shall be disposed of at OC San’s Plant No. 1. Contractor shall provide or subcontract higher pressure water jetting equipment if required by OC San
staff and invoiced per the attached Cost Proposal Form.
v. PROJECT ELEMENT 5 – DEWATERING AND BY-PASS PUMPING
Where required, the Contractor to provide suitably sized and rated pumps with all ancillary power supply, piping, and fittings to dewater an identified structure or pipe section or to bypass an asset to facilitate entry for physical
or CCTV assessment. The Contractor shall work closely with OC San staff to optimize all dewatering and bypass piping operations to utilize available equipment and to meet OC San’s operational requirements. The pump selection and piping requirements will vary significantly between Task Order orders. The Contractor shall provide a two-inch, submersible pump
complete with 200 feet of associated hoses and AC power generation (with GFCI’s) as part of the standard equipment on their ‘Combo” trucks. Contractor shall also provide three-inch, four-inch and six-inch pumps as directed by OC San staff. Larger pumps (and associated equipment) shall be rented from specialist vendors as directed by OC San staff.
vi. PROJECT ELEMENT 6 – DEBRIS, GRIT AND RAG REMOVAL
Provide extraction or removal services for debris, grit, and rags from assets prior to assessment or CCTV inspection using vacuum excavators (e.g., Vactors) or other approved equipment. The Contractor shall provide all labor and equipment to remove debris, grit and rags that would impede or
prevent the required assessment. All extracted material shall be disposed of within OC San’s Plant No. 1 or as directed by OC San staff. Where special circumstances are encountered, such as very high volumes, in excess of two feet deep of debris and rags within a structure, the Contractor shall work with OC San to develop a location-specific plan for the debris
removal process and for specialist subcontract services to be provided.
vii. PROJECT ELEMENT 7 – CLOSED CIRCUIT TELEVISION (CCTV) SURVEYS
Provision of CCTV inspection services shall be in compliance with OC San standards.
Contractor will furnish all labor, materials, equipment, and incidentals
necessary for the video inspection of various lengths and sizes of sanitary sewers located in the treatment plants and throughout Orange County. Sewers will be cleaned sufficiently by the Contractor for the camera to pass through the pipe. All CCTV operators shall be National Association of Sewer Service Companies (NASSCO) certified.
A color video recording on DVD in MPEG 1 will be made of the inspection and submitted to OC San's representative(s), along with the required
EXHIBIT A 7 of 12 Specification No. S-2021-1255BD
Inspection Report. The Inspection Report will include a description, pictures, and location of the defects.
viii. PROJECT ELEMENT 8 – REPAIR OF PIPELINE LINER AND COATING SYSTEMS
Repair of Ameron T-Lock® pipeline liner or other liner materials shall be performed by experienced personnel. All repairs to T-Lock® liners shall be in full compliance with OC San master specification section 06620 - Plastic Liner (Polyvinyl Chloride). Repairs to all other pipeline liner and coating systems shall be in compliance with OC San’s master specifications and
procedures. The OC San master specifications are available for review upon request at OC San’s Plant No.1. This scope of work to include provision of all T-Lock® or Arrow-Lock® repair materials or other pipe-liner and coating repair materials and equipment as needed. All confined space entry support for the liner repairs shall be as indicated for Project Elements
1 or 2 above, as applicable.
ix. PROJECT ELEMENT 9 – INCIDENTAL REPAIRS
Perform incidental repairs to OC San assets during the course of condition assessments. Incidental repairs may be performed on components that have failed or are likely to fail within the next 2 to 5 years and such failure
could cause a disruption to the level of service or the asset will experience a significant loss of structural integrity. Incidental repairs may be warranted during the condition assessment to avoid duplication of setup and difficult or high-risk operational conditions. The cost of the incidental repairs performed during a condition assessment Task Order shall not exceed
$49,999. The Contractor shall keep a running total of all billings and expenses so that cost of the incidental repairs for an individual Task Order does not exceed $49,999. OC San will not exceed this figure.
The repairs may include, but not be limited to, abrasive blasting/ultra-high pressure water blasting; coating and lining application and repair; concrete
crack injection; repair of concrete and steel structures; replacement of wear items; mechanical repairs; machining; replacement of valves, repairs to gates, piping, and drains; and welding.
IV. PROJECT MANAGEMENT
The assessment project shall be managed by OC San staff. However, the
Contractor shall manage all support Task Order orders including equipment supply, provision of manpower and other directly supplied or subcontracted services as detailed and shall keep OC San apprised of the status of the support effort for each instance.
The Contractor shall provide the key management and supervisory personnel as
described in their proposal on this project. The Contractor shall not reassign the key project personnel without prior approval of OC San. OC San may request re-assignment of any of the Contractor’s (or subcontractor’s) personnel.
The Contractor shall be responsible for the supervision and management of all subcontractors.
EXHIBIT A 8 of 12 Specification No. S-2021-1255BD
A. PROJECT SCHEDULE
Because the on-call Contractor support is for assessments and incidental repairs, a detailed project schedule is not applicable. However, the Contractor
shall provide the anticipated levels of support as indicated in Project Elements I
through 10 inclusive over the entire contract period. OC San staff will coordinate the planned shutdowns, assessments, and incidental repairs with the Contractor and with OC San operations to ensure that all required resources are available for each Task Order.
For each Task Order, OC San will prepare and issue to the contractor a
“Request for Assessment Support/Incidental Repair” that includes a scope of work, schedule, work duration and a not to exceed amount for the services to be provided. No Task Order shall exceed $99,000, including incidental repairs.
The Contractor shall be capable of responding to OC San Task Order requests
within two calendar days. Delays in responses may be cause for cancelation
of the contract.
This contract may require the Contractor to work schedules outside of the normal OC San business hours. For example, night work is common and weekend hours may also be necessary because of low flow conditions during
these periods.
B. PROJECT DOCUMENTATION
All OC San Projects are divided into five phases. Contractor shall provide support services for all “Project Elements” as listed in Section III of this Scope of Work for the following Phases:
Phase 1 – Project Development (not part of this project)
Phase 2 – Preliminary Design (not part of this project)
Phase 3 – Final Design (not part of this project)
Phase 4 – Construction and Installation Services
Phase 5 – Commissioning Services (not part of this project)
C. CONSTRUCTION AND INSTALLATION SERVICES
Construction and installation services shall be provided by the Contractor on an “as needed” basis to support the corrosion assessments by OC San and perform incidental repairs over the duration of this contract.
D. WORK HOURS/NOISE REQUIREMENTS
When working outside of the property limits of OC San Plants 1 or 2, specific
work hours and nighttime schedules may be imposed by CALTRANS, local cities, the County of Orange, or whoever has jurisdiction. Contractor is required to work within those hours of operation and to provide necessary equipment to meet local noise restrictions that may be imposed.
EXHIBIT A 9 of 12 Specification No. S-2021-1255BD
V. SAFETY AND HEALTH REQUIREMENTS
The Contractor and any Subcontractors shall comply with all applicable provisions of the OC San Safety Standards, Federal OSHA, California OSHA, and local
regulations, whichever is most stringent.
A. INJURY AND ILLNESS PREVENTION PROGRAM
The Contractor shall prepare and submit a written, Injury and Illness Prevention Program (IIPP). The IIPP must address responsibility, compliance, communication, hazard assessment, incident investigation, hazard correction,
and training as required by Title 8, California Code of Regulations, Section
3203. The Contractor shall also prepare and submit safety programs where required by Cal OSHA. These programs may include fall protection, lockout tagout, confined space entry, and hazard communication. The safety plan must be specific to the work being completed and approved prior to the start of
work (includes mobilization).
B. CONTRACTOR SAFETY ORIENTATION
The Contractor shall attend a Contractor Safety Orientation (CSO) meeting prior to the start of work. The CSO is an OC San safety orientation conducted between OC San’s Risk Management Division (safety and health) and the
Contractor. The CSO is conducted once per year or as job conditions or scope
of work changes. The Contractor shall participate in these meetings by providing work plans and other requested safety deliverables described below.
C. JOB SAFETY ANALYSIS (JSA)
The Contractor shall prepare Job Safety Analyses for work Task Order orders
completed by the Contractor. The JSA is a procedure where each basic step
of the work Task Order has identified hazards and recommended controls for the safest way to complete the work Task Order.
D. LOCKOUT TAGOUT (LOTO)
The Contractor shall participate in the OC San LOTO process. OC San will
isolate the structure and associated systems prior to Contractor entry into the
structure. OC San will prepare a written energy control procedure for the structure. OC San will demonstrate hazardous energy has been controlled by walking each isolation point and reviewing the energy control procedure with the Contractor. The Contractor shall apply their own lock and tag to the OC
San lock box upon acceptable and sign the energy control procedure. Each
Contractor employee working in the structure must apply their own lock and tag.
E. CONFINED SPACE ENTRY
The Contractor shall assume the work area will be in an area classified as a
PRCS. The Contractor shall prepare a PRCS Entry Permit, Entry Procedure
and Rescue Plan that describes all procedures, equipment, and methods proposed to be used. A dedicated Rescue Team is required. Calling 911 or
EXHIBIT A 10 of 12 Specification No. S-2021-1255BD
relying on the local fire department for rescue is not acceptable. A ventilation plan is required to be developed by qualified personnel and implemented during any entry into the structure. The Contractor shall monitor the
atmosphere during entry for oxygen, carbon monoxide, flammable gases, and
hydrogen sulfide. The Contractor should not assume any OC San owned equipment is available for Contractor use. All safety support shall be provided for OC San Inspectors or Engineers at the Contractor’s expense. The Contractor shall assume all work areas are classified as a Permit-Required
Confined Space (PRCS). The Contractor is required to have a copy of its
current confined space entry permit at every job site at all times. The OC San inspector or Engineer may shut down the job site at no additional cost to OC San if the permit is not available upon request. While isolation is provided, the Contractor should assume there will be a potential exposure to wastewater.
OC San Risk Management will review submitted Entry Permit, Entry
Procedures, Rescue Plan and Ventilation Plan. If accepted, OC San Risk Management will issue the Contractor a Confined Space JHA authorizing the Contractor for such entry.
F. FALL PROTECTION
Fall protection shall be provided around all openings to protect Contractor
employees and OC San. Fall protection at openings shall consist of a portable guardrail or other suitable barrier to prevent persons from falling to a lower level. Fall protection will be required for personnel when using Contractor provided extension ladders when accessing the structures. Fall protection will
be required when working at heights greater than four feet.
If scaffolding is required, the scaffolding system shall be designed by a scaffold qualified person and erected, inspected and dismantled by a scaffold competent person. The scaffolding shall be supplied by a qualified, experienced scaffolding company. Contractor shall submit scaffold plans prior
to use and must be approved by OC San.
G. HOT WORK
Any activity producing spark, flame, or heat will require an OC San issued hot work permit. The Contractor, depending on the activity, will be required to provide appropriate controls in accordance with OC San’s hot work program.
These controls may include a fire watch, 20-pound fire extinguisher, fire
blankets, and atmospheric monitor.
H. CHEMICAL SAFETY
All chemicals brought onsite shall be accompanied with a safety data sheet (SDS). The Contractor must store and use those chemicals in accordance with
the SDS and manufacturer instructions.
I. TRAINING RECORDS
Contractor shall submit copies of its employee trainings records to Risk Management for retention.
EXHIBIT A 11 of 12 Specification No. S-2021-1255BD
VI. TRAFFIC CONTROL
All traffic control on public rights of way shall be in accordance with the latest
CALTRANS Manual of Traffic Control. Additional local regulations shall have
precedence. Safe and adequate pedestrian and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction, 2006 Edition. For work within OC San facilities, traffic control requirements as determined by OC San shall apply.
Contractor shall prepare or purchase traffic control plans, apply for all traffic
control permits and pay all fees and permits for said permits as directed by OC San staff and shall invoice per the attached Cost Proposal Form.
Note: Inadequate or improper signing and delineation for traffic control may be cause for the cancellation of the contract.
VII. SPILL REPORTING AND HANDLING
In the event of any Contractor-related overflow or interruption/backup of customer service, the Contractor shall immediately notify the OC San Control Center at (714) 593-7025 and shall contain and eliminate the overflow.
Workshops with Contractor’s staff may be provided by OC San regarding containment methods.
Contractor shall be responsible for any fines levied by others, reimbursement of any agency incurred costs, damage, cleanup, restoration of flow, and any disruption of service costs to customers as of a result of the Contractor’s work.
This is in addition to any and all costs incurred by customers.
Contractor shall also notify the OC San Control Center immediately of any apparent non-Contractor related spills and/or any abnormal conditions.
VIII. RESEALING MANHOLE and VAULT COVERS
Contractor shall reseal all manholes and vaults opened during the course of the
contract that were previously sealed with Calpico #CD-5 duct seal or equal, within 24 hours after work is completed or as directed by OC San staff. Work area around the manhole covers shall be swept clean of all debris after completion of all work at that location.
IX. FOCUS MEETINGS AND DRY RUNS
The Contractor shall prepare for and oversee a focus meeting and a dry run prior to each shutdown and corrosion assessment/incidental repair as directed by OC San staff. The focus meetings and dry runs will serve to share information, discuss technical issues, understand time constraints, receive, and resolve comments, obtain decisions, and receive direction by OC San. These actions
shall insure that potential problems can be anticipated and either avoided or minimized. In addition, these activities will identify any specific equipment or spare parts that shall be required on site prior to the shutdown and subsequent work, so that delays are minimized or avoided for the shutdowns.
EXHIBIT A 12 of 12 Specification No. S-2021-1255BD
X. MANAGEMENT OF SUBCONTRACTORS and SUB-CONSULTANTS
The Contractor shall be responsible for and shall manage the activities of all subcontractors and Sub-consultants utilized under this scope of work.
XI. REQUEST FOR CORROSION ASSESSMENT SUPPORT
For each new assessment support Task Order OC San will prepare and issue a “Request for Assessment Support/Incidental Repair” to the support contractor.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1842 Agenda Date:9/29/2021 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2, PROJECT NO. FE19-06
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Bid Tabulation and Recommendation for EPSA Motor Cooling Improvements
at Plant No. 2, Project No. FE19-06;
B. Award a Construction Contract to Mehta Mechanical Company Inc. dba MMC Inc. for EPSA
Motor Cooling Improvements at Plant No. 2, Project No. FE19-06, for a total amount not to
exceed $854,000; and
C. Approve a contingency of $85,400 (10%).
BACKGROUND
Treated wastewater from Orange County Sanitation District (OC San) Plant Nos. 1 and 2 that cannot
be reclaimed is pumped to the ocean through a five-mile-long outfall pipe. This pumping is
accomplished by eight 120-million gallon per day pumps. The Ocean Outfall Booster Pump Station
has five 2600-horsepower pumps, and the Effluent Pump Station Annex (EPSA) has three 3000-
horsepower pumps. EPSA was completed in 2004 to supplement the capacity of the existing five
outfall pumps.
Prior to widespread water conservation and reclamation through the Groundwater Replenishment
System, outfall flows averaged around 240 million gallons per day. Now, discharges to the ocean
average 88 million gallons per day, with minimum hourly flow rates dropping as low as 50 million
gallons per day.
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
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1842 Agenda Date:9/29/2021 Agenda Item No:8.
PROBLEM
At current low,night-time flow rates,an EPSA pump typically operates between 40%and 60%of full
speed.The motor’s air-cooling fans are driven by the motor shaft and provide insufficient air flow
below 65%motor speed causing the motors to overheat.This limits the EPSA pumps availability to
be rotated into service with the other five pumps Ocean Outfall Booster Station pumps.
PROPOSED SOLUTION
Award a Construction Contract for EPSA Motor Cooling Improvements at Plant No.2,Project No.
FE19-06.This project will install five new electrically driven fans on each EPSA pump motor to
maintain air flow at low speeds to prevent motor overheating.This will allow the EPSA pumps to be
operated in rotation with the other five outfall pumps.
TIMING CONCERNS
Until this work is completed,the EPSA pumps cannot be used for service,except during wet weather
events.
RAMIFICATIONS OF NOT TAKING ACTION
The utility of the EPSA pumps is reduced until the cooling improvement are made.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE19-06 for bids on June 2,2021,and two on-line bids were received
on July 29, 2021. A summary of the bid opening follows:
Engineer’s Estimate $ 835,000
Bidder Amount of Bid
Mehta Mechanical Company Inc.
dba MMC Inc.
$ 854,000
Shimmick Construction Inc.$1,056,060
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
all bidders on August 11,2021,informing them of the intent of OC San staff to recommend award of
the Construction Contract to Mehta Mechanical Company Inc. dba MMC Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, Mehta Mechanical Company Inc. dba MMC Inc. in an amount not to exceed $854,000.
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1842 Agenda Date:9/29/2021 Agenda Item No:8.
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
SS:dm:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
C-CA-103020
PART A
CONTRACT AGREEMENT
C-CA-103020
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 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 .................................................................................. 9
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 20
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 22
SECTION – 23 NOTICES ....................................................................................... 23
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this September 29, 2021, by and
between Mehta Mechanical Company Inc. dba MMC Inc., hereinafter referred to as
“CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 2 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to 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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 3 of 24
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 4 of 24
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 5 of 24
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within three hundred fifty (350) calendar days from the date of
the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes zero (0) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 6 of 24
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “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”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
CONFORMED C-CA-103020PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 7 of 24
SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in the
Work within the general scope of the Contract Document, including but not limited to changes:
1.In the Specifications (including Drawings and designs);
2.In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4.Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A.OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Eight Hundred Fifty-Four Thousand Dollars
($854,000) as itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 8 of 24
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract. Payment
applications shall also be accompanied with all documentation, records, and releases as
required by the Contract, Exhibit A, Schedule of Prices, and General Conditions, “Payment
for Work – General”. The Total amount of Progress Payments shall not exceed the actual
value of the Work completed as certified by OCSD’s ENGINEER. The processing of
payments shall not be considered as an acceptance of any part of the Work.
B. As used in this Section, the following defined terms shall have the following meanings:
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.).
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 9 of 24
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be determined
as provided in the General Conditions –“Retained Funds; Substitution of Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 10 of 24
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft
or type of worker needed to perform the Contract. The provisions of the Davis-Bacon Act
shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and when
twenty-five percent (25%) or more of the Contract is funded by federal assistance. If the
aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be complied
with are incorporated herein as a part of this Contract and referred to by reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 11 of 24
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 OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the Project.
F. Registration; Record of Wages; Inspection:
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
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 12 of 24
Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance
with the requirements of Section 1776 may be deducted from progress payments per
Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 13 of 24
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 14 of 24
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (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 OCSD, its or their officers,
agents, or employees, or any other contractor or subcontractor performing Work or rendering
services at the Project. Where permitted by law, CONTRACTOR shall require similar written
express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 15 of 24
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
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.
C-CA-103020 CONFORMED PROJECT NO. FE19-06EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 16 of 24
e.Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f.Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self-insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g.If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h.If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2.Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage:
A combined single limit of One Million Dollars ($1,000,000).
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
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 17 of 24
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 OCSD.
5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of 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 OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 18 of 24
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
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.
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 19 of 24
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.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 20 of 24
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are 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-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01
c. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 21 of 24
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
C-CA-103020 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 22 of 24
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
[THIS SECTION INTENTIONALLY LEFT BLANK]
CONFORMED C-CA-103020 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 23 of 24
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 OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Mehta Mechanical Company Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623
Copy to: Jagat S. Mehta, President Mehta Mechanical Company Inc. dba MMC Inc. 5901 Fresca Drive La Palma, CA 90623
[THIS SECTION INTENTIONALLY LEFT BLANK]
C-CA-103020 CONFORMED PROJECT NO. FE19-06EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 24 of 24
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Mehta Mechanical Company Inc. dba MMC Inc.
5901 Fresca Drive
La Palma, CA 90623
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 573635 (Expiration Date – 7/31/2022)
OCSD: Orange County Sanitation District
By______________________________
John B. Withers Board Chairman
By______________________________ Kelly A. Lore Clerk of the Board
By______________________________ Ruth Zintzun Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 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 – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 3 of 8
The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 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 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 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 OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 5 of 8
changes, and shall submit the revised application for Final Payment. Upon acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that previously accepted;
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 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.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
[This Section Intentionally Left Blank]
CONFORMED C-EXA-080414 PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 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 OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-080414 CONFORMED PROJECT NO. FE19-06 EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2 Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (Mehta Mechanical Co. Inc. dba MMC Inc.) BF-14 Schedule of Prices, Pages 1-2
Bid Submitted By: __ M_M_c __ rN_c_. __________ _
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes. state and/or federal. and any other special taxes. patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
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-010521
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
Page 1 of 2
Bid Submitted By: MMC INC. ---------:-:-:----
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description No.
1. Mobilization, initial progress payment for all fees, labor, materials, and
equipment required for mobilization, staging area, and surety bonds, and
other activities 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 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
Page 2 of 2
(Name of Firm)
Unit of Approx Unit Price Extended Price Measurement Qty
I
Lump Sum . = $33,400
---. -... , .: I
= $ ?z.0,600 Lump Sum ~
. •'
$ 854-,000
C-BF-010521
PROJECT NO. FE19-06
EPSA MOTOR COOLING IMPROVEMENTS AT PLANT NO. 2
i~
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1843 Agenda Date:9/29/2021 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Engineering Program Contract Performance Report for the period ending June
30, 2021.
BACKGROUND
The Engineering Program involves awarding and managing many construction and consulting
contracts. In 2008, the Orange County Sanitation District Board of Directors began awarding
contingencies along with construction and consulting contracts for the General Manager to approve
construction change orders and amendments to consulting contracts up to the amount of the
approved contingency. This practice reduces administrative costs, expedites resolution of project
issues that arise, helps avoid contractor delay claims, and facilitates efficient management of many
contracts.
The Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending June 30, 2021. This report is updated
quarterly.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending June 30, 2021
JM:dm:gc
Orange County Sanitation District Printed on 9/22/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
DATE: August 12, 2021
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager
Through: Kathy Millea, Director of Engineering
This report summarizes the status, activities, and performance of construction contracts
and consultant agreements. This report also identifies the names and status of projects
being performed under master budgets for planning studies, research, small construction
projects, O&M capital projects, and information technology projects.
Table of Contents
Part 1 – Construction Contracts page 2
Active Construction Contracts
Construction Contracts Closed in Last Quarter
Cumulative Change Order Rates – Closed Construction Contracts
Part 2 – Engineering Services Agreements page 9
Active Engineering Services Agreements
Active Task Orders by Master Agreement
Part 3 - Master Budget Projects page 14
Planning Studies Status Report
Research Program Status Report
Small Construction Projects Program Status Report
Information Technology Capital Program Status Report
Operations and Maintenance Capital Program Status Report
Part 4 - Supplemental Engineering Services Contract page 20
Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 1
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of June 30, 2021, while
Table 2 lists the General Manager-awarded construction contracts. The General
Manager may award contracts up to $100,000 and task orders up to $300,000. The graph
below shows the number and total value of projects broken down plant and collections.
One Board-awarded construction contracts was closed in this quarter, as listed in Table 3.
Three construction contracts awarded by the General Manager were closed in this
quarter, as listed in Table 4.
Active Construction Contracts
Plant Projects
25 Contracts
$568 million Collections Projects
5 Contracts
$105 million
22 unique contractors
Page 2
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
2‐72 Newhope‐Placentia Trunk Replacement
2‐72B Newhope‐Placentia Trunk Replacement, Segment B OHL USA, INC.06/15/2018 92% $58,242,000 $3,735,407 $61,977,407 6.5% 10.0% 6.4%3.6%
3‐62 Westminster Blvd Force Main Replacement
3‐62 Westminster Blvd Force Main Replacement Teichert Energy & Utilities Group,
Inc.
12/18/2019 57% $27,743,000 $409,769 $28,152,769 10.0% 10.0% 1.5%8.5%
3‐64 Rehabilitation of Western Regional Sewers
3‐64B Los Alamitos Trunk Sewer Rehabilitation Steve P. Rados, Inc.05/26/2021 0% $17,775,000 $0 $17,775,000 10.0% 10.0% 0.0%10.0%
J‐117 Ocean Outfall System Rehabilitation
J‐117B Outfall Low Flow Pump Station Shimmick Construction Co., Inc. 12/19/2018 33% $90,200,000 $504,722 $90,704,722 8.0% 8.0% 0.6%7.4%
J‐126 Safety Improvements Program
J‐126C NFPA 820 HVAC and Electrical Improvements MMC, Inc.03/05/2019 92%$469,000 $0 $469,000 10.0% 10.0% 0.0%10.0%
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and
2
Innovative Construction Solutions 07/22/2020 7% $745,500 $0 $745,500 10.0% 10.0% 0.0%10.0%
J‐135 Central Generation Engine Overhauls at Plant No. 1 and 2
J‐135A Central Generation Engine Overhaul at Plant No. 1 Cooper Machinery Services LLC 06/08/2021 0% $3,705,932 $0 $3,705,932 20.0% 20.0% 0.0%20.0%
M‐FE Small Construction Projects Program
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant
No. 1 and No. 2
Baker Electric 01/22/2020 0% $223,984 $0 $223,984 10.0% 10.0% 0.0%10.0%
FE18‐14 Plant Water Pipeline Replacement in Kinnison,
Lindstrom, and Scott Tunnels at Plant No. 2
MMC, Inc.12/16/2020 0% $1,134,000 $0 $1,134,000 15.0% 15.0% 0.0%15.0%
FE18‐15 Plant Boiler System Relief at Plant No. 2 MMC, Inc.04/21/2021 0% $230,000 $0 $230,000 15.0% 15.0% 0.0%15.0%
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing
Replacement
O'Connell Engineering &
Construction, Inc.
05/27/2020 46% $674,800 $16,664 $691,464 10.0% 10.0% 2.5%7.5%
M‐FR‐880 Master Operationally Funded
MP‐105 P2 CENGEN Steam Turbine Rehabilitation Dresser‐Rand 03/25/2018 64%**$484,220 $0 $484,220 20.0% 20.0% 0.0%20.0%
MP‐638 Activated Sludge Plant Clarifier Inlet Gate Replacement
at Plant No. 2
Innovative Construction Solutions 12/18/2019 83% $658,300 $0 $658,300 10.0% 10.0% 0.0%10.0%
MP‐305 Cengen Supply Air Fan Support Replacement at Plant
No. 2
J.R. Filanc Construction Company,
Inc.
12/16/2020 0% $297,000 $0 $297,000 15.0% 15.0% 0.0%15.0%
FR1‐0007 Control Center Offices and Day Training Room
Remodeling at Plant No. 1
Thomas Solar Energy 05/26/2021 0% $256,790 $0 $256,790 10.0% 10.0% 0.0%10.0%
FR2‐0013 P2 Trickling Filter Sludge Pump Room Exhaust Fan
Relocation at Plant No.2
MMC, Inc.04/21/2021 0% $184,000 $0 $184,000 20.0% 20.0% 0.0%20.0%
FRC‐0002 Bay Bridge Pump Station Valve Replacement Innovative Construction Solutions 11/18/2020 44% $598,000 $0 $598,000 10.0% 10.0% 0.0%10.0%
FRC‐0004 Seal Beach Pump Station Isolation Valve Replacement J.R. Filanc Construction Company,
Inc.
12/16/2020 0% $466,830 $0 $466,830 20.0% 20.0% 0.0%20.0%
M‐SM‐CAP Operations & Maintenance Capital Program
SC19‐03 Return Activated Sludge Pump Station Elevator
Rehabilitation at Plant No. 2
OTIS 12/16/2020 0% $432,400 $0 $432,400 20.0% 20.0% 0.0%20.0%
P1‐105 Headworks Rehabilitation at Plant 1
P1‐105 Headworks Rehabilitation at Plant 1 Kiewit Infrastructure West Co. 02/24/2021 0% $222,330,000 $0 $222,330,000 4.0% 4.0% 0.0%4.0%
P1‐128 Headquarters Complex
P1‐128C Headquarters Complex Site Preparation Resource Environmental, Inc. 07/01/2020 96% $1,555,000 $0 $1,555,000 10.0% 10.0% 0.0%10.0%
P1‐128A Headquarters Complex at Plant No. 1 Swinerton Builders 05/26/2021 0% $102,544,973 $0 $102,544,973 5.0% 5.0% 0.0%5.0%
P1‐135 Digester Ferric Chloride Piping Replacement at Plant No. 1
P1‐135 Digester Ferric Chloride Piping Replacement at Plant
No. 1
PPM Contracting (PPM)02/02/2021 0% $515,000 $0 $515,000 10.0% 10.0% 0.0%10.0%
Page 3
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
P2‐98 Primary Treatment Rehabilitation at Plant No. 2
P2‐98B B/C‐Side Primary Clarifiers Interim Repair at Plant 2 Myers & Sons Construction, LLC 01/23/2019 82% $8,665,000 $428,356 $9,093,356 10.0% 10.0% 4.9%5.1%
P2‐98A A‐Side Primary Clarifiers Replacement at Plant 2 PCL CONSTRUCTION, INC. 05/26/2021 0% $111,405,880 $0 $111,405,880 6.0% 6.0% 0.0%6.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final
Expansion
Shimmick Construction Co., Inc. 01/22/2020 30% $14,487,735 $276,841 $14,764,576 10.0% 10.0% 1.9%8.1%
P2‐123 Return Activated Sludge Piping Replacement at Plant 2
P2‐123 Return Activated Sludge Piping Replacement at Plant 2 Shimmick Construction Co., Inc. 09/25/2019 43% $6,042,110 $132,139 $6,174,249 10.0% 10.0% 2.2%7.8%
Total $672,066,454 $5,503,898 $677,570,352
** Original Award was $245,424, and later amended to $484,220 with a contingency reduction by Board Action on 4/22/20
Page 4
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 2 ‐ Active GM‐Awarded Construction Contracts and Task Orders as of 6/30/2021
Project / Contract Contractor
Award
Date % Spent
Original Award
Amount Change Orders
Current
Contract
Amount
Change Order
Rate
Operationally Funded Projects
FR1‐0010 Laboratory Building Roof Repair at Plant No 1 J.R. Filanc Construction Company,
Inc.
1/19/21 0% $88,283 $0 $88,283 0.0%
FR2‐0019 Digester O Repairs at Plant No. 2 Jamison Engineering 8/28/20 60% $131,000 $0 $131,000 0.0%
FR2‐0021 Boilers Retubing at Plant 2 RF MacDonald 2/8/21 0% $51,250 $0 $51,250 0.0%
Total $270,533 $0 $270,533
Page 5
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 3 ‐ Board‐Awarded Construction Contracts Closed in Last Quarter
Project / Contract Contractor
Date
Closed Award Date
Board Award
Amount Change Orders
Final Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Unused
Contingency
J‐126 Safety Improvements Program
J‐126JK Stairs, Hatches, Walkway Hazards, Ladders,
Guardrails, Roof Fall Protection
Olsson Construction, Inc. PLANT 10/24/2018 $3,637,601 $266,283 $3,903,884 10.0% 10.0% 7.3%2.7%
Total $3,637,601 $266,283 $3,903,884
Page 6
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 4 ‐ GM‐Awarded Construction Contracts and Task Order Closed in Last Quarter
Project / Contract Contractor
Date
Closed Award Date
Original Award
Amount Change Orders
Final Contract
Amount
Final Change
Order Rate
M‐FE Small Construction Projects Program
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation
Replacement Repairs
Charles King Company, Inc. 6/29/21 9/21/20 $298,850 $0 $298,850 0.0%
Operationally‐Funded Projects
FR2‐0019 Digester O Repairs at Plant No. 2 Jamison Engineering 4/23/21 8/28/20 $131,000 $14,450 $145,450 11.0%
FRC‐0008 East Lido Forcemain Repair W.A. Rasic Construction
Company
5/21/21 4/6/21 $129,721 ($3,320)$126,401 ‐2.6%
Total $559,571 $11,130 $570,701
Page 7
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
When the Orange County Sanitation District (OC San) Board awards a construction
contract, they also approve a contingency which allows the General Manager to approve
contract change orders up to the amount of the contingency. One purpose of this report
is to document how much of the contingency is utilized. A contract’s change order rate is
only meaningful when the work is completed. As such, the change order performance
charts in this report are based only on contracts closed since the Board began approving
contingencies in 2008. The following chart shows how cumulative change order rates
have changed for plant, collections, and all contracts since the contingency system was
implemented.
Page 8
~SAN
ORANGE COUNTY SANITATION DISTRICT
12.00%
11.00%
10.00%
9.00%,
8.00%
7.00%
6.00%
5.00"/4
4.00%
3.00"/4
2.00%
N 0 ~ C1
g N 0 00 0 C1 ~ C1
g N g 0 ~ 0 0 M M C1 C1 C1
Cumulative Change Order Rates
Closed Construction Contracts
-All
-collections
-Plant
N g N g N g N g N s:-N g N 0 0 0 0 0 0 0 0 M ::1 N N ro ro -=- -=-
11'1 11'1 ID ID ,._
M a M M M M M M M M M M C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1 C1
g N g N g N g N g 0 0 0 0 ,._ 00 00 Q'\ Q'\ 0 0 ,;j ,;j M M M M M N N C1 C1 C1 C1 C1 C1 C1 C1 C1
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 2 – ENGINEERING SERVICES AGREEMENTS
OC San engages engineering consultants through Professional Service Agreements
(PSAs), Professional Design Services Agreements (PDSAs), Professional Construction
Services Agreements (PCSAs), and Master Professional Services Agreements (Master
Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a
subsequent agreement with the design consultant to provide support services during
construction. PSAs are used for planning studies and other consultant assignments.
There are currently 18 firms with active engineering services agreements, not including
firms with Master Agreements.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, OC San solicits task order proposals from three or four of the
firms and awards a task order to the most qualified consultant. There are currently four
sets of Master Agreements.
2012 Master Design Agreements (expired)
2017 Master Agreements for Wastewater Treatment Planning Studies (expired)
2018 Master Design Agreements (expired)
2020 Master Agreements for On-Call Planning Studies
2021 Master Design Agreements
The two Master Design Agreement from 2012 and 2018, and the 2018 Master
Agreements for Wastewater Planning Studies have expired, meaning no new task orders
can be issued under them, but previously-issued task orders remain active until
completed. The 2021 Master Design Agreement became effective on July 1st, but no task
orders have been issued yet. Task Orders are limited by OC San Ordinance
No. OCSD-52 to $300,000 per task order.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is
attached under Table 5, and a status table for all Active Task Orders by Master
Agreement is attached under Table 6 (Master Agreements).
Page 9
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 5 ‐ Active Engineering Services Agreements as of 6/30/2021
Project / Contract Type Consultant
Award
Date % Complete
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
2‐49 Taft Branch Improvements
2‐49 Taft Branch Improvements PDSA Woodward and Curran 02/03/2021 0% $2,200,000 $26,000 $2,226,000 10.0% 10.0% 1.2% 8.8%
2‐72 Newhope‐Placentia Trunk Replacement
2‐72 Newhope‐Placentia Trunk Replacement PCSA Lee & Ro 03/23/2016 22% $3,253,946 $0 $3,253,946 10.0% 10.0% 0.0% 10.0%
3‐62 Westminster Blvd Force Main Replacement
3‐62 Westminster Blvd Force Main Replacement PCSA Stantec Consulting Services, Inc. 12/18/2019 11% $1,183,000 $0 $1,183,000 10.0% 10.0% 0.0% 10.0%
3‐64 Rehabilitation of Western Regional Sewers
3‐64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services, Inc. 01/27/2016 63% $17,639,250 $195,850 $17,835,100 10.0% 10.0% 1.1% 8.9%
3‐64B Los Alamitos Trunk Sewer Rehabilitation PCSA AECOM Technical Services, Inc. 05/26/2021 0%$610,000 $0 $610,000 10.0% 10.0% 0.0% 10.0%
3‐67 Seal Beach Pump Station Replacement
3‐67 Seal Beach Pump Station Replacement PDSA Lee & Ro 11/20/2019 26% $5,947,850 $0 $5,947,850 10.0% 10.0% 0.0% 10.0%
5‐67 Bay Bridge Pump Station Replacement
5‐67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc.10/25/2017 10% $7,137,000 $1,750,315 $8,887,315 10.0% 35.0% 24.5% 10.5%
5‐68 Newport Beach Pump Station Pressurization Improvements
5‐68 Newport Beach Pump Station Pressurization
Improvements
PDSA Dudek 05/06/2020 26% $542,988 $0 $542,988 10.0% 10.0% 0.0% 10.0%
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation PDSA CDM Smith Inc.09/23/2020 13% $1,754,000 $14,739 $1,768,739 10.0% 10.0% 0.8% 9.2%
7‐66 Sunflower and Red Hill Interceptor Repairs
7‐66 Sunflower and Red Hill Interceptor Repairs PDSA GHD 09/25/2019 73% $308,712 $14,548 $323,260 10.0% 10.0% 4.7% 5.3%
7‐68 MacArthur Force Main Improvements
7‐68 MacArthur Force Main Improvements PDSA Michael Baker International, Inc. 05/26/2021 0%$500,000 $0 $500,000 10.0% 10.0% 0.0% 10.0%
J‐117 Ocean Outfall System Rehabilitation
J‐117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/2018 32% $8,563,913 $346,857 $8,910,770 10.0% 10.0% 4.1% 5.9%
J‐124 Digester Gas Facilities Replacement
J‐124 Digester Gas Facilities Replacement PDSA Brown and Caldwell 11/15/2017 70% $11,770,000 $903,117 $12,673,117 10.0% 10.0% 7.7% 2.3%
J‐126 Safety Improvements Program
J‐126 Safety Improvements Program PDSA Arcadis 08/29/2016 89% **$3,040,000 $0 $3,040,000 10.0% 10.0% 0.0% 10.0%
J‐98 Electrical Power Distribution System Improvements
J‐98 Electrical Power Distribution System Improvements PDSA Brown and Caldwell 01/29/2020 22% $2,240,000 $0 $2,240,000 10.0% 10.0% 0.0% 10.0%
M‐RESEARCH ‐ Research Program
RE17‐02 Biogas Scrubber Evaluation PSA Carollo Engineers, Inc.04/21/2017 88% $656,783 $63,097 $719,880 15.0% 15.0% 9.6% 5.4%
M‐STUDIES Planning Studies Program
PS15‐02 Edinger Pump Station Rehabilitation Study PSA Lockwood, Andrews & Newman, Inc. 11/09/2017 78% $505,042 $0 $505,042 10.0% 10.0% 0.0% 10.0%
PS17‐03 Active Fault Location Study at Plant No. 2 PSA Lettis Consultants International, Inc. 03/06/2019 41% $868,286 $12,500 $880,786 10.0% 10.0% 1.4% 8.6%
PS18‐09 Ocean Outfall Condition Assessment and Scoping
Study
PSA Carollo Engineers, Inc.03/25/2020 51% $2,744,000 $0 $2,744,000 10.0% 10.0% 0.0% 10.0%
P1‐101 Sludge Dewatering and Odor Control at Plant 1
P1‐101 Sludge Dewatering and Odor Control at Plant 1 PCSA HDR Engineering, Inc.06/28/2012 99% $7,140,000 $2,453,653 $9,593,653 8.0% 35.0% 34.4%0.6%
P1‐105 Headworks Rehabilitation at Plant 1
P1‐105 Headworks Rehabilitation at Plant 1 PCSA Carollo Engineers, Inc.03/02/2021 0% $16,500,000 $0 $16,500,000 10.0% 10.0% 0.0% 10.0%
P1‐105 Headworks Rehabilitation at Plant 1 PDSA Carollo Engineers, Inc.05/27/2015 95% $17,528,957 $8,059,598 $25,588,555 10.0% 51.0% 46.0% 5.0%
P1‐128 Headquarters Complex
P1‐128 Headquarters Complex PDSA HDR Engineering, Inc.06/22/2016 8% $11,785,709 $1,148,553 $12,934,262 10.0% 10.0% 9.7% 0.3%
P1‐128C Headquarters Complex Site Preparation PCSA HDR Engineering, Inc.07/01/2020 15% $178,000 $0 $178,000 10.0% 10.0% 0.0% 10.0%
P1‐128A Headquarters Complex at Plant No. 1 PCSA HDR Engineering, Inc.05/26/2021 0% $4,900,000 $0 $4,900,000 10.0% 10.0% 0.0% 10.0%
P1‐128A Headquarters Complex at Plant No. 1 PSA AECOM Technical Services, Inc. 04/28/2021 0% $6,750,000 $0 $6,750,000 10.0% 10.0% 0.0% 10.0%
P1‐129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
P1‐129 Return Activated Sludge Piping Replacement at
Activated Sludge Plant No. 1
PCSA AECOM Technical Services, Inc. 07/24/2019 86% $140,000 $0 $140,000 10.0% 10.0% 0.0% 10.0%
P1‐132 Uninterruptable Power Supply Improvements at Plant 1
P1‐132 Uninterruptable Power Supply Improvements at
Plant 1
PDSA Tetra Tech, Inc.10/23/2019 44% $784,680 $0 $784,680 10.0% 10.0% 0.0% 10.0%
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability Improvements at Plant No. 1
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability
Improvements at Plant No. 1
PDSA Carollo Engineers, Inc.09/25/2019 78% $1,219,667 $0 $1,219,667 10.0% 10.0% 0.0% 10.0%
P2‐92 Sludge Dewatering and Odor Control at Plant 2
P2‐92 Sludge Dewatering and Odor Control at Plant 2 PCSA Brown and Caldwell 12/17/2014 94% $4,798,328 $0 $4,798,328 10.0% 10.0% 0.0% 10.0%
Page 10
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 5 ‐ Active Engineering Services Agreements as of 6/30/2021
Project / Contract Type Consultant
Award
Date % Complete
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
P2‐98 Primary Treatment Rehabilitation at Plant No. 2
P2‐98 Primary Treatment Rehabilitation at Plant No. 2 PDSA Black & Veatch 07/27/2016 47% $18,141,423 $1,593,582 $19,735,005 10.0% 10.0% 8.8% 1.2%
P2‐98A A‐Side Primary Clarifiers Replacement at Plant 2 PCSA Black & Veatch 05/26/2021 0% $8,400,000 $0 $8,400,000 10.0% 10.0% 0.0% 10.0%
P2‐98B B/C‐Side Primary Clarifiers Interim Repair at Plant 2 PCSA Black & Veatch 01/23/2019 42% $549,534 $0 $549,534 10.0% 10.0% 0.0% 10.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS
Final Expansion
PCSA CDM Smith Inc.01/15/2020 23% $2,200,000 $0 $2,200,000 10.0% 10.0%0.0% 10.0%
P2‐123 Return Activated Sludge Piping Replacement at Plant 2
P2‐123 Return Activated Sludge Piping Replacement at Plant
2
PCSA SPEC Services, Inc.09/25/2019 62% $252,329 $0 $252,329 10.0% 10.0% 0.0% 10.0%
P2‐124 Interim Food Waste Receiving Facility
P2‐124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 100% $695,000 $31,168 $726,168 10.0% 10.0% 4.5% 5.5%
P2‐126 Warehouse, Electrical Substation and 12kV Service Center Replacement at Plant No. 2
P2‐126 Warehouse, Electrical Substation and 12kV Service
Center Replacement at Plant No. 2
PDSA Stantec Consulting Services, Inc. 11/18/2020 0% $4,876,455 $92,760 $4,969,215 10.0% 10.0% 1.9% 8.1%
P2‐128 TPAD Digester Facility at Plant 2
P2‐128 TPAD Digester Facility at Plant 2 PDSA Brown and Caldwell 06/23/2020 4% $39,300,000 $0 $39,300,000 10.0% 10.0% 0.0% 10.0%
SP‐196 Process Control Systems Upgrades Study
SP‐196 Process Control Systems Upgrades Study PSA Stantec Consulting Services, Inc. 03/01/2018 76% $1,389,866 $108,966 $1,498,832 10.0% 10.0% 7.8% 2.2%
Operationally Funded Projects
FR1‐0007 Control Center Offices and Day Training Room
Remodeling at Plant No. 1
PSA AECOM Technical Services, Inc. 01/15/2020 8%$81,351 $0 $81,351 0.0% 0.0% 0.0% 0.0%
Total $219,076,069 $16,815,303 $235,891,372
** Original Award was $1,540,000, and later amended to $3,040,000 by Board Action
Page 11
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 6 ‐ Active Task Orders by Master Agreement as of 6/30/2021
Master Agreement / Project Consultant Award Date
Original Task
Order Value Amendments Current Task
Order Value
2012 Master Professional Design Service Agreements (Expired)
FE10‐21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000
2017 Master Agreements for Wastewater Treatment Planning Studies
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020 $227,412 $0 $227,412
PS19‐03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc. 10/20/2020 $274,888 $0 $274,888
2018 Master Professional Design Service Agreements
FR2‐0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2 AECOM 11/6/2019 $75,120 $0 $75,120
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 AECOM 04/30/2020 $156,498 $0 $156,498
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 AECOM 9/15/2020 $226,685 $6,137 $232,822
FE19‐13 VFD Replacements at Seal Beach Pump Station AECOM 3/12/2021 $78,033 $0 $78,033
FE20‐01 Wastehauler Station Safety and Security Improvements AECOM 3/12/2021 $161,012 $0 $161,012
FR2‐0022 Digester O Structural Repairs at Plant No. 2 AECOM 4/6/2021 $46,115 $0 $46,115
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2 Black & Veatch 1/21/2019 $271,964 $28,036 $300,000
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Black & Veatch 9/1/2020 $244,728 $0 $244,728
FR1‐0011 VFD Replacements at Plant No. 1 Black & Veatch 3/30/2021 $283,000 $0 $283,000
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant
No. 2 Dudek 11/6/2019 $108,308 $0 $108,308
P1‐135 Digester Ferric Chloride Piping Replacement at Plant No. 1 Dudek 2/19/2020 $127,174 $0 $127,174
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Dudek 5/18/2021 $240,000 $0 $240,000
FE20‐08 Olive Sub‐Trunk Siphon Rehabilitation at Santa Ana River Dudek 6/15/2021 $240,000 $0 $240,000
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 GHD, Inc.12/4/2019 $70,130 $18,365 $88,495
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 GHD, Inc.3/27/2020 $168,612 $54,883 $223,495
FE19‐10 Digesters C, D, F, G, and I Gas Balance Lines Replacement at Plant No. 2 GHD, Inc.1/19/2021 $25,000 $21,000 $46,000
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 GHD, Inc.5/4/2021 $100,625 $0 $100,625
Page 12
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 6 ‐ Active Task Orders by Master Agreement as of 6/30/2021
Master Agreement / Project Consultant Award Date
Original Task
Order Value Amendments Current Task
Order Value
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 GHD, Inc. 6/15/2021 $249,000 $0 $249,000
FRC‐0009 Bitter Point Trunk Sewer Repair at Bitter Point Pump Station GHD, Inc.6/15/2021 $159,451 $0 $159,451
FE18‐19 12KV Distribution Center B and East RAS Pump Station Roof Replacement HDR Engineering, Inc. 09/16/2019 $74,771 $8,672 $83,443
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 HDR Engineering, Inc. 8/18/2020 $243,954 $0 $243,954
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 HDR Engineering, Inc.3/2/2021 $188,212 $0 $188,212
FE18‐15 Plant Boiler System Relief at Plant No. 2 IDS Group, Inc.10/22/2019 $23,299 $0 $23,299
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 and No. 2 IDS Group, Inc.04/28/2020 $89,876 $0 $89,876
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 IDS Group, Inc.05/05/2020 $88,206 $0 $88,206
FE20‐09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 IDS Group, Inc.6/15/2021 $63,275 $0 $63,275
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 IDS Group, Inc.6/15/2021 $186,626 $0 $186,626
2020 Master Agreements for On‐Call Planning Studies
PS20‐04 Power Generation Overhaul Feasibility Study Brown and Caldwell 4/6/2021 $122,748 $0 $122,748
RE20‐02 Chemical Resilience Study Hazen and Sawyer 6/1/2021 $278,784 $0 $278,784
Total $4,951,946 $178,653 $5,130,599
Page 13
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 7
Research Program Table 8
Small Construction Projects Program Table 9
Information Technology Capital Program Table 10
Operations & Maintenance Capital Program Table 11
Page 14
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Project Number Project Name Status Allocated Budget
PS15‐02 Edinger Pump Station Rehabilitation Study Active 971,000$
PS16‐02 SCE Feed Reliability Improvements Study Active 293,000$
PS17‐03 Active Fault Location Study at Plant No. 2 Active 1,300,000$
PS17‐08 CEQA ‐ Facilities Master Plan Closed 999,966$
PS18‐06 Go/No‐Go Lights and Signage Active 495,000$
PS18‐09 Ocean Outfall Condition Assessment and Scoping Study Active 3,340,000$
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Active 428,000$
PS19‐03 Laboratory Rehabilitation Feasibility Study Active 450,000$
PS20‐01 O&M Complex and Collections Yard Relocation at Plant No. 2 Active 375,000$
PS20‐02 Collection System Flow Level Monitoring Study Active 575,000$
PS20‐03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active 200,000$
PS20‐04 Power Generation Overhaul Feasibility Study Active 200,000$
PS20‐05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos. 1 & 2 Active 400,000$
PS20‐07 College Pump Station Wet Well Condition Assessment Study Active 200,000$
PS20‐08 Euclid Trunk Sewer Hydraulic Modeling and Odor Control Analyses Active 500,000$
PS20‐09 Thickening & Dewatering Plant Water Study at Plant No. 1 Active 400,000$
Grand Total 11,126,966$
Number of Chartered Projects 16
Board Approved Program Budget 28,652,000$
Remaining Unallocated Budget 17,525,034$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 7 ‐ Planning Studies Status Report
Page 15
Project Number Project Name Status Allocated Budget
RE17‐02 Biogas Scrubber Evaluation Active 865,000$
RE19‐01 Primary Scum Equipment Evaluation at Plant No. 1 Active 69,853$
RE20‐01 Co‐Thickened Sludge Density Meter Trial atl Plant No. 1 Active 121,000$
RE20‐02 Chemical Resilience Study at Plant No.1 and 2 Active 329,996$
RE20‐04 Holding Digester 6 Solids Shredder Study at Plant No. 1 Active 95,000$
RE20‐06 Co‐Thickened Sludge Pump Trial at Plant No. 1 Active 160,000$
Grand Total 1,640,849$
Number of Chartered Projects 6
Board Approved Program Budget 8,500,000$
Remaining Unallocated Budget 6,859,151$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 8 ‐ Research Program Status Report
Page 16
Project Number Project Name Status Allocated Budget
FE10‐21 Area 02 Craig Regional Park Manhole Improvements Active 1,359,000$
FE14‐05 Plant No. 1 Fleet Services UST Leak Remediation Active 1,487,311$
FE15‐07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Closed 2,800,988$
FE17‐01 Carbon Canyon Pipeline Sag Repairs Active 873,000$
FE17‐03 Battery Storage System at Plant No. 1 Active 650,000$
FE17‐05 Plant 1 ICS Network Extension Active 950,000$
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 Active 1,450,000$
FE18‐08 West Trunk Bypass Sewer Realignment Active 158,000$
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant No. 1 and No. 2 Active 470,000$
FE18‐12 Erosion Control at Santa Ana River and Hamilton Ave Active 330,000$
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 Active 2,840,000$
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Active 1,895,000$
FE18‐15 Plant Boiler System Relief at Plant No. 2 Active 465,000$
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 Active 592,000$
FE18‐17 Trunkline Sampler Power Feed at Plant No 2 Active 248,993$
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active 1,188,000$
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 Active 1,200,000$
FE19‐01 Pump Station Portable Generator Connectors Active 2,570,000$
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 Active 2,250,000$
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Active 3,200,000$
FE19‐04 Sunflower Pump Replacement at Plant No. 1 Active 6,300,000$
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 Active 1,475,000$
FE19‐08 Secondary Treatment VFD Replacements at Plant No. 2 Active 3,337,000$
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation Replacement Repairs Active 500,000$
FE19‐10 Digesters C, D, F, G and I Gas Balance Lines Replacement at Plant No. 2 Active 300,000$
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 Active 1,250,000$
FE19‐12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active 445,000$
FE19‐13 VFD Replacements at Seal Beach Pump Station Active 690,000$
FE20‐01 Wastehauler Station Safety and Security Improvements Active 830,000$
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Active 2,800,000$
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Active 4,250,000$
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Active 3,500,000$
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 Active 1,545,000$
FE20‐06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1 Active 1,500,000$
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 Active 1,240,000$
FE20‐08 Olive Sub‐Trunk Siphon Rehabilitation at Santa Ana River Active 1,850,000$
FE20‐09 CenGen Smoke Detection Improvements at Plant No. 1 and No. 2 Active 600,000$
FE20‐10 Adolfo Lopez Chemical Dosing Station Installation Active 1,000,000$
Grand Total 60,389,292$
Number of Chartered Projects 38
Board Approved Program Budget 90,000,000$
Remaining Unallocated Budget 29,610,708$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 9 ‐ Small Construction Projects Program Status Report
Page 17
Project Number Project Name Status Allocated Budget
IT16‐11 Business Continuity Plan Closed 117,600$
IT17‐06 Printer Obsolescence Closed 335,141$
IT17‐07 Safety Management Suite Closed 95,900$
IT17‐10 Electronic Operator Round Form Active 45,000$
IT17‐12 Sever/Network Power Improvements Active 90,000$
IT17‐14 Specialized Application Programing & Support Closed 114,296$
IT18‐03 Timecard Systems Upgrade Closed 78,696$
IT18‐09 Records Management Information System Active 150,000$
IT18‐10 Board Services Management System Closed 50,596$
IT19‐01 IT Safety VPP Systems (IT19‐01)Active 210,000$
IT19‐05 IT P1 & P2 Data Refresh (IT19‐05)Active 500,000$
IT20‐04 Cyber Security Program (IT20‐04) 6520004 Active 150,000$
IT20‐05 Client Management Modernization (ICE‐69_IT20‐05) 6520005 Active 99,000$
IT20‐06 Nintex Workflow Cloud Implementation (ICE‐75_IT20‐06) 6520006 Active 350,000$
IT20‐07 Professional Services for Valo/SharePoint (ICE‐74_IT20‐07) 6520007 Active 100,000$
IT20‐08 Field Computer for Nerissa and Interface with LIMS(ICE‐68_IT20‐07) 6520008 Active 121,000$
IT20‐09 ITSM Migration (ICE‐70_IT20‐09) 6520009 Active 275,000$
IT20‐10 Digitize Quality Assurance Tracking Processes /TNI/ELAP StandardsICE‐76_IT20‐10) 6520010 Active 145,700$
IT20‐11 Sewer Agency Fee System 2 (SAFS 2) Upgrade (ICE‐77 IT20‐11) 6520011 Active 42,042$
IT20‐12 Web‐based Cloud Proxy Security with an Isolation Platform (ICE‐78_6520012)Active 50,000$
Grand Total 3,119,971$
Number of Chartered Projects 20
Board Approved Program Budget 10,000,000$
Remaining Unallocated Budget 6,880,029$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 10 ‐ Information Technology Capital Program Status Report
Page 18
Project Number Project Name Status Allocated Budget
MP‐276‐1 Central Generation Engine Overhauls at Plant No. 1 and Plant No. 2 Active 5,900,000$
SC17‐01 CENGEN #1 Elevator Rehab Active 110,020$
SC17‐03 CenGen Oil Filter Platform Active 275,000$
SC18‐01 P1 Primary Clarifier Fall Protection Improvements Active 50,000$
SC18‐05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.1 Active 455,000$
SC18‐08 MacArthur Pump Station ‐ FM Valve Replacement Active 71,068$
SC18‐09 Admin Bldg UPS System Replacement Active 81,332$
SC19‐02 Truck Loading‐Conveyors 3&6 (SC19‐02)Active 205,300$
SC19‐03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 Active 890,000$
SC19‐05 as the Lido PS UPS Replacement Active 55,000$
SC19‐06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active 1,600,000$
SC19‐07 Sunflower Pump Station Gearbox Swing Unit Purchase Active ‐$
SC20‐02 Ocean Outfall Booster Station Elevator Rehabilitation Active 410,000$
Grand Total 10,102,720$
Number of Chartered Projects 13
Board Approved Program Budget 15,622,000$
Remaining Unallocated Budget 5,519,280$
Engineering Program Contract Performance Report
for Quarter Ending 6/30/2021
Table 11 ‐ Operations & Maintenance Capital Program Status Report
Page 19
Engineering Program
Contract Performance Report
For the Period Ending June 30, 2021
PART 4 – SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, OC San Board of Directors approved a $41 million professional services
agreement with Jacobs Project Management Co. to provide supplemental engineering
and support staff services for a four-year term with the option of three one-year renewals.
The benefits of using a supplemental engineering services contract, as opposed to hiring
full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and
as-needed basis, the ability to reduce staff as workloads decrease, access to technical
experts to support special tasks, and access to staff with wastewater project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 12, and the supplemental engineering services labor summary can be
found under Table 13.
Table 12 – Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months
(1)
Actuals to Date $25,919,471 63% 62 months 72%
Remaining $15,080,529 37% 24 months 28%
(1) Assuming two more 1‐year extensions
Table 13 ‐ Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 7,790 192,002
Full Time Equivalents 17.3 20.6
Labor Costs (no expenses) $1,147,541 $25,395,761
Average Hourly Rate $147 $132
Page 20
C~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1844 Agenda Date:9/29/2021 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 2 PRIMARY DISTRIBUTION STRUCTURE B GATES REPAIR
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Service Contract to J.R. Filanc Construction Co. to repair ten slide gates for Plant
No. 2 Primary Distribution Structure, per Specification No. S-2021-1249BD, for a total amount
not to exceed $309,500, including sales tax and freight; and
B. Approve a contingency of $46,425 (15%).
BACKGROUND
The Orange County Sanitation District (OC San) has three primary Distribution Structures at Plant
No. 2 that direct primary influent from Headworks to groupings of Primary Sedimentation Basins.
Distribution Structure B (DS-B) directs primary influent to primary clarifiers H, I, J, K, L, and M. A
condition assessment conducted on DS-B while the six associated primary clarifiers were down
during a construction outage identified 10 slide gates that are inoperable and other steel components
inside DS-B that are corroded.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Comply with environmental permit requirements
PROBLEM
Major corrosion issues were discovered during the condition assessment performed inside DS-B at
Plant No. 2. 10 slide gates were inoperable and severe corrosion was found on numerous steel weir
plates and a steel bulkhead. Replacement of these components is required to return DS-B to
service.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1844 Agenda Date:9/29/2021 Agenda Item No:10.
PROPOSED SOLUTION
Staff recommends replacement of the corroded steel components identified in DS-B at Plant No.2
through approval of a Purchase Order to the lowest responsive and responsible bidder,J.R.Filanc
Construction Co.
TIMING CONCERNS
The proposed repair needs to be executed to restore DS-B and its associated six primary clarifiers to
service to restore the rated primary clarification capacity at Plant No.2.Restoration of DS-B
provides OC San the ability to control and isolate flows to the B-Side primary clarifier basins.
RAMIFICATIONS OF NOT TAKING ACTION
Not repairing the slide gates will result in the inability to isolate individual B-Side primary clarifier
basins.Failure of one primary basin requiring isolation will result in an outage that impacts all the B-
Side primary clarifiers, severely impacting the ability to treat primary influent at Plant No. 2.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised a Request for Bid on June 8,2021,for repair of DS-B.Five bids were received.
Below are the responsive bidders and their corresponding bids.The lowest responsive and
responsible bidder is J.R. Filanc Construction Co.
Bidder Amount of Bid Plus Sales Tax
J.R. Filanc Construction Co. Inc $309,500
Abhe & Svoboda Inc.$584,751
Kiewit Infrastructure West Co.$747,000
THARSOS Inc.$794,000
Mehta Mechanical Company Inc.$982,111
A contingency of 15%is requested for unforeseen issues or repair of additional corroded components
potentially uncovered during disassembly and repairs that could add costs during installation and
performance testing.
CEQA
N/A
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1844 Agenda Date:9/29/2021 Agenda Item No:10.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation would be funded under the Repairs and Maintenance line item for Division 870 FY
2020-21 Budget, Section 6, Page 100), and the available funding is sufficient for this action.
Date of Approval Contract Amount Contingency
09/29/2021 $309,500 $46,425 (15%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
RM:sa:jg:ls:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 10 Specification No. S-2021-1249BD
Revision 031021
SERVICE CONTRACT
Primary Distribution Structure B Gates Repair at Plant 2
Specification No. S-2021-1249BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and J.R. Filanc Construction
Company, Inc. with a principal place of business at 740 N. Andreasen Drive, Escondido, CA
92029 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS,OC San desires to temporarily retain the services of Contractor for Primary
Distribution Structure B gates repair at Plant 2 “Services” as described in Exhibit “A”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance
No. OC SAN-56; and
WHEREAS, on September 29, 2021, the Board of Directors of OC San, by minute order,
authorized execution of this Contract between OC San and Contractor; and
WHEREAS,Contractor is qualified by virtue of experience, training, and expertise to accomplish
such Services,
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 Contract and all exhibits hereto (called the "Contract") is made by OC San and the
Contractor. The terms and conditions herein exclusively govern the purchase of Services
as described in Exhibit “A”.
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein.
Exhibit “A” Scope of Work
Exhibit “B” Bid
Exhibit “C” Determined Insurance Requirement Form
Exhibit “D” Contractor Safety Standards
Exhibit “E” Human Resources Policies
Exhibit “F” General Conditions
Exhibit “G” Performance and Payment Bonds
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any
of the provisions of the exhibits hereto, the provisions in the document highest in precedence
shall be controlling. The order of precedence of the Contract is set forth below:
a. Addenda issued prior to opening of Bids – the last in time being the first in precedence
b. Service Contract
c. Exhibit “F” General Conditions
d. Exhibit “C” Determined Insurance Requirement Form
e. Exhibit “D” Contractor Safety Standards
Orange County Sanitation District 2 of 10 Specification No. S-2021-1249BD
Revision 031021
f. Permits and other regulatory requirements
g. Exhibit “E” Human Resources Policies
h. Exhibit “A” Scope of Work
i. Exhibit “B” Bid Price Form
j. Exhibit “G” Performance and Payment Bonds
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 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.
1.8 The term “hours” shall mean 7:00 A.M. to 4:00 P.M., Monday through Friday when used in
this Contract.
1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no
charge beyond the price provided under “Compensation” below.
1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses,
losses, or action incurred or undertaken by Contractor as a result of work performed in
anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services
provided under this Contract shall be a total amount not to exceed Three Hundred Nine
Thousand, Five Hundred Dollars ($309,500.00).
3. California Department of Industrial Relations (DIR) Registration and Record of Wages
3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work
during the design and preconstruction phases of a construction contract or perform work
under a maintenance contract for which Prevailing Wage Determinations have been issued
by the DIR and as more specifically defined under Labor Code Section 1720 et seq,
Contractor and its subcontractors shall comply with the registration requirements of Labor
Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to
compliance monitoring and enforcement by the DIR.
3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall
comply with all the provisions of Labor Code Section 1776, and shall submit payroll records
to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress
payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors 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 Standards Enforcement of the Department of Industrial Relations.
Orange County Sanitation District 3 of 10 Specification No. S-2021-1249BD
Revision 031021
3.4 The Contractor and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e).
4. Payments and Invoicing
4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project
Manager or designee, of an itemized invoice submitted for Services completed in
accordance with Exhibit “A”. OC San, at its sole discretion, shall be the determining party
as to whether the Services have been satisfactorily completed.
4.2 Invoice shall be emailed by Contractor to OC San Accounts Payable at
APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and S-2021-
1249BD shall be referenced in the subject line.
5. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services
identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally
accepted industry and professional standards.
7. 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.
8. Contract Term The Services provided under this Contract shall be completed within Sixty-
three (63) calendar days from the effective date of the Notice to Proceed.
9. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties. Also, refer to Exhibit F – General Conditions, Section entitled Extension Of
Time For Delay.
10. Performance Time is of the essence in the performance of the provisions hereof.
11. Termination
11.1 OC San reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OC San of intent to terminate.
Upon receipt of a termination notice, Contractor shall immediately discontinue all work under
this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30)
days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OC San from any further fee, cost or claim hereunder by Contractor
other than for work performed to the date of termination.
11.2 OC San reserves the right to terminate this Contract immediately upon OC San’s
determination that Contractor is not complying with the Scope of Work requirements, if the
level of service is inadequate, or any other default of this Contract.
Orange County Sanitation District 4 of 10 Specification No. S-2021-1249BD
Revision 031021
11.3 OC San may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract.
11.4 All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs
first.
12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Determined Insurance Requirement Form
(attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
work under this Contract until all required insurance is obtained in a form acceptable to OC
San, nor shall Contractor allow any subcontractor to commence service pursuant to a
subcontract until all insurance required of the subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract.
13. Bonds Contractor shall, before entering upon the performance of this Contract, furnish
bonds (attached hereto in Exhibit “G”) approved by OC San’s General Counsel - one in the
amount of one hundred percent (100%) of the total Contract price bid, to guarantee the
faithful performance of the work, and the other in the amount of one hundred percent (100%)
of the total Contract price bid, to guarantee payment of all claims for labor and materials
furnished. This Contract shall not become effective until such bonds are supplied to and
accepted by OC San. Bonds must be issued by a California admitted surety and must be
maintained throughout the life of the Contract and during the warranty period.
14. Indemnification and Hold Harmless Provision Contractor 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 Contractor's services under this Contract, or by its
subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Contract. Except as to the sole active negligence of or willful misconduct of OC San,
Contractor 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 Contractor's performance under the Contract, and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Contract, and/or (c) on account of any goods and services provided under this Contract.
This indemnification provision shall apply to any acts or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Contractor of or anyone
employed by or working under Contractor. To the maximum extent permitted by law,
Contractor'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
•
•
•
•
Orange County Sanitation District 5 of 10 Specification No. S-2021-1249BD
Revision 031021
loss, damage, or injury. Contractor 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.
15. Contractor Safety Standards and Human Resources Policies OC San requires
Contractor and its subcontractor(s) 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 Contract it is discovered that Contractor Safety
Standards do not comply with Federal, State, or local regulations, then the Contractor is
required to follow the most stringent regulatory requirement at no additional cost to OC
San. Contractor and all of its employees and subcontractors, shall adhere to all applicable
Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources
Policies in Exhibit “E”.
16. Warranties (Refer to Exhibit F – General Conditions, Section entitled Warranty
(Contractor’s Guarantee).
17. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected
by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract.
18. Freight (F.O.B. Destination)Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has
investigated the work to be performed and 2) it understands the facilities, difficulties and
restrictions of the work under this Contract. Should Contractor 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
Contractor’s risk, until written instructions are received from OC San.
20. Regulatory Requirements Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and
California Water Codes Division 2.
21. Environmental Compliance Contractor shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to the
Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations.
22. Contractor’s License Requirements In accordance with California Business and
Professions Code Section 7028.15 and pursuant to Public Contract Code Section 3300, the
Contractor must possess the following classification of Contractor’s License: “A”.
22.1 The Contractor must possess a valid license prior to starting any work and shall maintain
the license throughout the duration of the Contract. All Subcontractors must possess and
maintain the appropriate and valid licenses throughout the duration of the Contract.
Orange County Sanitation District 6 of 10 Specification No. S-2021-1249BD
Revision 031021
22.2 If Contractor is required to handle hazardous materials as part of the Work under the
Contract Documents, the Contractor and/or Subcontractor must possess and maintain
throughout the duration of the Work any and all licenses, registrations and certifications
required by existing law to perform the Work within the scope of the Contract, including,
without limitation, a Class A license in accordance with §7028.15 A-E of the California
Business and Professions Code, and certification for performance of Hazardous Substance
Removal with the exception of “Asbestos-Related Work” in accordance with §7058.7 of the
California Business and Professions Code. The term “Asbestos-Related Work”, is defined
in Labor Code Section 6501.8.
23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to
OC San that it has obtained all licenses, permits, qualifications, 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 the work
performed under the terms of this Contract will be paid by Contractor.
24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal,
State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and liabilities assessed against OC San as a result of
Contractor's noncompliance therewith. Any permission required by law to be included
herein shall be deemed included as a part of this Contract whether or not specifically
referenced.
25. Contractor’s Employees Compensation
25.1 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.
25.2 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 same are on file in the Engineering Department. The Contractor agrees that not
less than said prevailing rates shall be paid to workers employed on this 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 project site, which shall be made available to any interested party upon request.
25.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars
($50.00) 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.
Orange County Sanitation District 7 of 10 Specification No. S-2021-1249BD
Revision 031021
25.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or
more or twenty (20) working days or more; or if contracts of specialty contractors not bidding
for work through the general or prime Contractor are two thousand dollars ($2,000.00) or
more or five (5) working days or more.
25.5 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 it hereunder. 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 (1) calendar day and forty (40) hours in any one (1) week in violation of said Article.
Contractor shall keep an accurate record showing the name and actual hours worked each
calendar day and each calendar week by each worker employed by Contractor in connection
with the project.
25.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee’s representative,
the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards
and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties
for non-compliance with the requirements of Section 1776 may be deducted from project
payments per the requirements of Section 1776.
26. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with
the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
27. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event
any action is brought in connection with this Contract or the performance thereof.
28. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Contractor 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.
29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to
make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services,
OC San may (1) cancel the Contract; (2) recover whatever amount of the purchase price
Orange County Sanitation District 8 of 10 Specification No. S-2021-1249BD
Revision 031021
OC San has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute
goods or Services for those due from Contractor. In the event OC San elects to “cover” as
described in (3), OC San shall be entitled to recover from Contractor as damages the
difference between the cost of the substitute goods or Services and the Contract price,
together with any incidental or consequential damages.
30. Dispute Resolution
30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute
by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration Agreement,
through the alternate dispute resolution procedures of Judicial Arbitration through Mediation
Services of Orange County ("JAMS"), or any similar organization or entity conducting an
alternate dispute resolution process.
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.
31. 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
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
33. Severability If any section, subsection, or provision of this Contract, or any agreement or
instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
34. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San.
35. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OC San.
Orange County Sanitation District 9 of 10 Specification No. S-2021-1249BD
Revision 031021
36. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San
employee. During the performance of this Contract, Contractor and its officers, employees,
and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OC San’s employees.
37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OC San.
Any such attempted delegation or assignment shall be void.
38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
39. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall
be personally liable to Contractor, 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 Contractor or to its
successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Contractor represents that he has read
and understood the terms and conditions of the Contract.
41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound.
42. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
Orange County Sanitation District 10 of 10 Specification No. S-2021-1249BD
Revision 031021
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered
by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Rejection or other refusal to accept
or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent.
All notices shall be effective when first received at the following addresses:
OC San: Jackie Lagade, Principal Buyer
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Contractor: David J. Kiess, President
J.R. Filanc Construction Company, Inc.
704 N. Andreasen Drive
Escondido, CA 92029
Each party shall provide the other party written notice of any change in address as soon as
practicable.
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
J.R. FILANC CONSTRUCTION COMPANY, INC.
Dated: _________________ By: ___________________________________
______________________________________
Print Name and Title of Officer
CMM
EXHIBIT “A” Specification No. S-2021-1249BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT A – (Conformed) Page 1 of 14 Specification No. S-2021-1249BD
EXHIBIT A
SCOPE OF WORK (ADDENDUM 3)
Primary Distribution Structure B Gates Repair at Plant 2
SPECIFICATION NO. S-2021-1249BD
EXECUTIVE SUMMARY/OVERVIEW
The Orange County Sanitation District (OC San) operates the third largest wastewater agency west of
the Mississippi River. Since 1954, we have safely collected, treated, and disposed of and/or
reclaimed the wastewater generated by 2.6 million people living and working in central and
northwestern Orange County, California.
Each day we treat approximately 185 million gallons of wastewater, enough water to fill Anaheim
stadium over two and a quarter times. About 80 percent of the wastewater comes from homes –
sinks, toilets, showers, laundry, and dishwashers. The remaining comes from businesses – retail
stores, restaurants, manufacturers, hotels, offices, and other industries.
SCOPE OF WORK
1 Location of Work
The work covered under this Contract will take place at the Orange County Sanitation
District’s (“OC San’s” or the “Sanitation District’s”):
Plant 2 – 22212 Brookhurst Street, Huntington Beach, CA 92648
2 General
OC San has a distribution structure (DS) that sends primary influent from Headworks to 6
Primary Sedimentation Basins (PSB) H, I, J, K, L, and M (normally closed). On February
2021, OC San conducted a condition assessment (Report found in Appendix A-1) around the
DS-B (Picture 1). This project shall repair and replace 10 slide gates (2 gates per basin,
except PSB-M), 1 carbon steel (CS) bulkhead for PSB-M, and 20 CS weir plates (4 weir plates
per basin, except PSB-M) as described below.
The Contractor shall furnish all labor, equipment, materials, machinery, tools, supplies,
insurance, bonds, permits, licenses, transportation, and other incidentals necessary to
complete all tasks and items of work described within Exhibit A and within other portions of the
Contract Documents and Drawings and as more specifically described below.
•
EXHIBIT A – (Conformed) Page 2 of 14 Specification No. S-2021-1249BD
Picture 2: DS-B Plan Drawing
Steel weir plates
(4 per each basin)
Slide gates (2 per
each basin)
Bulkhead
(1 on PSB-M)
Picture 1: Drawing
DISTRIBUTION STRUCTURE B PLAN
SCALE: 1/4' =1'-0'
EXHIBIT A – (Conformed) Page 3 of 14 Specification No. S-2021-1249BD
3 Description of the Work
A. Slide Gates Repair
There are 10 slide gates (2 gates per basin, except one from PSB-M) that are not operable
due to bent stems and bad bevel gear operators (Picture 3). Also, there is coating failure
and corrosion on the gate handles (Picture 4) and bent top frames (Picture 5). The
Contractor shall replace stems, including new hardware and lubrication, replace bottom
rubber gasket, bevel gear operators, and handwheels, and straighten top frames (“C”
channel). Each gate shall be tested after the installation. Operations shall fully open and
close each gate at a minimum of 3 times. Either contractor or OC San inspector shall be
inside the center structure to visually confirm gates. A leak test may be required if
operations allow the system to go online.
Picture 3: Bent stems and bevel gear operators
EXHIBIT A – (Conformed) Page 4 of 14 Specification No. S-2021-1249BD
Picture 4: Corroded handwheel and bevel gear operator
Picture 5: Bent gate top frame
B. Carbon Steel Bulkhead Replacement
There is one corroded carbon steel bulkhead by PSB-M side. The Contractor shall remove
FRP gratings to access center of distribution structure and bulkhead removal. In order to
remove bulkhead, Contractor shall remove the grating red circled in Picture 6. Curved slat
above the bulkhead may need to be removed (Picture 8). Also, bulkhead holes are in bad
condition, so they may fail while trying to remove the bulkhead. Lastly, downstream
EXHIBIT A – (Conformed) Page 5 of 14 Specification No. S-2021-1249BD
channel below is filled with primary influent, because PSB-M is normally fed from DS-C
and may be operational during this project. Water elevation is below weir elevation in
normal condition, but for safety concern, coordinate with OC San operations staff to
temporarily turn off flow from DS-C to PSB-M while the bulkhead is removed.
Picture 6: FRP grating from walkway
EXHIBIT A – (Conformed) Page 6 of 14 Specification No. S-2021-1249BD
Picture 7: FRP grating dimension
Picture 8: Corroded carbon steel bulkhead from center of distribution structure
EXHIBIT A – (Conformed) Page 7 of 14 Specification No. S-2021-1249BD
Picture 9: Curved slat and connections under FRP grating
Picture 10: One of weir slabs for PSB-M, and channel below filled with primary influent.
Sludge on top of slabs will be removed by OC San.
C. Carbon Steel Weir Plates Replacement (Picture 12)
There are 20 carbon steel weir plates (4 weir plates per basin, except 4 from PSB-M) that
are corroded with coating failures. The Contractor shall remove FRP gratings (Picture 11)
to access weir plates, dissemble weir plates, including L-brackets, and replace them.
Refer to Appendix A-3, Section I for the original shop drawing and dimensions. Rubber
seals between bolted surfaces shall be replaced. Protect-in-place the existing concrete
slabs attached to the weir plates. Individual components shall be marked so that replaced
components match the existing installation when the work is completed.
D
EXHIBIT A – (Conformed) Page 8 of 14 Specification No. S-2021-1249BD
Picture 11: FRP covers removed to access weir plates
Picture 12: Corroded steel weir plates
EXHIBIT A – (Conformed) Page 9 of 14 Specification No. S-2021-1249BD
Picture 13: Steel weir plate original drawing
D. Confined Space Entry Support
The Contractor shall provide confined space entry and all confined space entry equipment,
including but not limited to ventilation, lighting, and Self-Contained Breathing Apparatus
(SCBA), for the structure entry. The Contractor shall clean and dewater necessary areas,
such as inlet well and weir channels, for safe entrance.
4 Project/Work Elements
Because slide gates are not operable, OC San cannot individually isolate downstream primary
basins (H, I, J, K, & L). This project would result in a shutdown of these 5 basins. In order to
minimize process risk, the work shall be completed within 28 days after the mobilization.
4.1 Submittals
A. Work plan
B. Shop fabrication drawings of all supplied materials and hardware
C. Repair procedures and all repair materials specified in this scope of work
D. Construction schedule
4.2 Warranties
A. The Contractor shall warrant that the work performed will be free of defects in
materials and workmanship for a period of one year from the date of acceptance by
OC San. All warranty periods shall begin after satisfactory installation and testing.
B. The Contractor shall be responsible for removal, installation, and shipping costs of
any replacement parts and for correcting any other defective work at no cost to OC
San.
4.3 Equipment Removal
A. Slide gates removal (not including one from PSB-M):
o 10 x stems & hardware
o 10 x bottom rubber seal at the bottom
"NOTE-; V4" l IC. K El8/A.l10N
L-4-"XA.'X V,i. '>C l'-5'' _
OVA\.. SLO ~ ~OQ 5/e,•a,
~S!L-01... 5 TO P~Q ,t
t-10 Cl.. OJl.)~t E:."-1,
·sTTTL WE\Q. ff\ ___ PL T~---
/H., ~ ·:ST\i"r\:: t;U~
0~ iO '::-le C.LOS C>)
EXHIBIT A – (Conformed) Page 10 of 14 Specification No. S-2021-1249BD
o 10 x bevel gear operators with 24-in handwheels
o 10 x top frames & hardware
Top frames to be reused after straightened
o Polycarbonate thread cover (if exists)
B. Bulkhead removal:
o Clean both weir slabs for PSB-M
o 1 x bulkhead
Before the removal, coordinate with operations staff to stop flow from DS-C
to PSB-M. Target this activity early morning 6-7am when the plant observes
low diurnal flow
Plan this activity when new bulkhead is fabricated and ready to be installed
right after to minimize PSB-M downtime
o Clean opening for new bulkhead installation
C. Weir plates removal (not including 4 from PSB-M):
o 20 x weir plate assemblies
20 x weir plates
40 x L-brackets
40 x neoprene gaskets
20 x rubber seals
SS bolts and nuts
D. FRP grating removal to provide access
4.4 Equipment Installation
A. Slide gates installation:
o Refer to Section 4.1 for the original project submittal
o 10 x 316 stainless steel (SS) stem
1½-in diameter
Approximately 70-in length – to be field verified
Refer to Detail “G” from Appendix 2, page 9 for required hardware
Refer to 4.5 Material Requirements for stem lubrication
o 10 x 1/4-in rubber seal at the bottom
Use 3M 1300 Adhesive or approved equal
o 10 x Limitorque® B-20 Single Shaft Bevel Gear Operator, or approved equal
Include 24-in slide as accessory
o 10 x 2½-in diameter clear polycarbonate cover with cover on top
60-in long
o 10 x 316 SS straightened “C” channel (top frame)
Refer to Section DD from Appendix A-2, page 9 for required hardware
o Refer to 4.5 Material Requirement for coating spec of handles
B. Bulkhead installation:
o 316 SS with dimension of 30-in x 58-in – to be field verified
o 1 ½-in max thickness
o 2 x 1 ½-in holes on top section – size and location to be field verified
o Seal joints and make watertight
Use polyurethane sealant. [Sika Corp Sikaflex 1A; Tremco Vulkem 116] or
Equal
C. Weir plates installation:
o 20 x weir plate assemblies
Refer to Appendix A-3, Section I for the original drawing and dimension, but
to be field verified
20 x 316 SS weir plates with 316 SS 2 x 2 x 5/16 angle stiffeners
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
EXHIBIT A – (Conformed) Page 11 of 14 Specification No. S-2021-1249BD
20 x 316 SS L-brackets (4-in x 4-in x ¼-in x 1-ft 5-in) with ¼-in thick
neoprene gasket
20 x 316 SS L-brackets (4-in x 4-in x ¼-in x 2-ft 11-in) with ¼-in thick
neoprene gasket
40 x 3/16-in neoprene seals (6-ft 6 3/8-in x 5-in)
316 SS hardware
D. FRP grating installation
o After work is completed, install existing FRP grating back to original location
o Apply nonshrink grout gap between concrete and FRP grating
4.5 Material Requirements
The Contractor shall submit repair procedure and repair materials for OC San approval
o To lubricate new operating stems, use a high grade, heavy-duty lubricant such
as:
Shell Alvania 2EP
Tycol Azepro II
Mobilox Grease 2EP
Valvoline Val-Lith 2EP
o Non-shrink grout shall be Masterflow 928 as manufactured by BASF Master
Builders; or equal. Grout shall be mixed in accordance with the manufacturer`s
instructions.
4.6 Permits/Licenses
Confined space entry permit
4.7 Commissioning
Not Used
4.8 Deliverables/As Built Drawings/Manufacturer’s Documentation
Not Used
4.9 Training
Not Used
5 Resources Available
Appendices as reference information only
Laydown and Staging Area (Picture 10) below. There may be a truck to load chemical to
two bulk tanks north of the distribution structure.
OC San will implement LOTO after the Contractor acquires Sanitation District’s approval.
•
•
•
•
•
•
•
•
•
•
•
EXHIBIT A – (Conformed) Page 12 of 14 Specification No. S-2021-1249BD
Picture 1014: Laydown and Staging Area by the highlighted area
6 Project Schedule
The Contractor shall complete the project within 63 98 calendar days from the effective date of
Notice to Proceed. The Contractor shall submit a project schedule to the OC San Project
Manager for approval. A suggested schedule is provided below but may be updated with the
approval of the OC San Project Manager, but final completion of work shall be completed
within 28 days after the mobilization
Milestones/Timeline Deadline
(Weeks from Kick-
Off/NTP)
Review Period
(Weeks)
Cumulative
Weeks
Kick-Off Meeting (NTP)
Day of NTP N/A 1 business day
Submittals Within 21 days of
NTP
7 days 28 days
Mobilization Within 70 days of
NTP and after
submittal acceptance
N/A 70 days
Final Completion of
Work
Within 98 days of
NTP
N/A 98 days
7 Project Management
All communication shall go through the OC San Project Manager. All workdays must be
approved by the OC San Project Manager prior to construction.
7.1 Project Kick-Off Meeting
A. A minimum of two weeks prior to start of work, a meeting with OC San staff shall
be held to establish appropriate contacts and review the Contractor’s plan to
implement this work.
EXHIBIT A – (Conformed) Page 13 of 14 Specification No. S-2021-1249BD
B. Contract conferences shall be held on an on-call basis with OC San staff to keep
OC San apprised of the job, review work in progress, and receive comments.
Conferences shall be held at the OC San’s offices or virtual Microsoft Teams.
Assume a minimum of two contract conferences for bidding purposes.
8 Staff Assistance
The Contractor will be assigned a single point of contact on this project. Any meetings and/or
correspondence related to this project shall be scheduled and approved by the Project Manager.
9 Safety and Health Requirements
The Contractor and any Subcontractors shall comply with all applicable provisions of the OC San
Safety Standards, Federal OSHA, California OSHA, and Local regulations, whichever is most
stringent.Please refer to the OC San Contractor Safety Standards for more information.
9.1 Injury and Illness Prevention Program/Site Specific Safety Plan (SSSP)
A. The Contractor shall prepare and submit a written, job specific safety plan (SSSP).
The safety plan must address responsibility, compliance, communication, hazard
assessment, incident investigation, hazard correction, and training as required by
Title 8, California Code of Regulations, Section 3203.
B. The Contractor shall also prepare and submit safety programs where required by Cal
OSHA. These programs may include fall protection, lockout tagout, confined space
entry, and hazard communication. The safety plan must be specific to the work being
completed and approved prior to the start of work (includes mobilization).
9.2 Contractor Safety Orientation
A. The Contractor shall attend a Contractor Safety Orientation (CSO) meeting prior to
the start of work. The CSO is an OC San safety orientation conducted between OC
San’s Risk Management Division (safety and health) and the Contractor. The CSO is
conducted once per year or as job conditions or scope of work changes. The
Contractor shall participate in these meetings by providing work plans and other
requested safety deliverables described below.
9.3 Job Safety Analysis (JSA)
A. The Contractor shall prepare Job Safety Analysis (JSA) for work tasks completed by
the Contractor. The JSA is a procedure where each basic step of the work task has
identified hazards and recommended controls for the safest way to complete the
work task.
9.4 Lock Out Tag Out (LOTO)
A. The Contractor shall participate in the OC San LOTO process. OC San will isolate
the structure and associated systems prior to Contractor entry into the structure. OC
San will prepare a written energy control procedure for the structure. OC San will
demonstrate hazardous energy has been controlled by walking each isolation point
and reviewing the energy control procedure with the Contractor. The Contractor shall
apply their own lock and tag to the OC San lock box upon acceptance and sign the
energy control procedure. Each Contractor employee working in the structure must
apply their own lock and tag.
9.5 Confined Space Entry
A. The Contractor shall assume the work area will be in an area classified as a Permit
Required Confined Space (PRCS). The Contractor shall prepare a PRCS Entry
Permit, Entry Procedure and Rescue Plan that describes all procedures, equipment,
EXHIBIT A – (Conformed) Page 14 of 14 Specification No. S-2021-1249BD
and methods proposed to be used. A dedicated Rescue Team is required. Calling
911 or relying on the local fire department for rescue is not acceptable. A ventilation
plan is required to be developed by qualified personnel and implemented during any
entry into the structure. The Contractor shall monitor the atmosphere during entry for
oxygen, carbon monoxide, flammable gases, and hydrogen sulfide. The Contractor
should not assume any OC San owned equipment is available for Contractor use. All
safety support shall be provided for OC San Inspectors at the Contractor’s expense.
The Contractor shall assume all work areas are classified as a PRCS. The
Contractor is required to have a copy of its current confined space entry permit at
every job site at all times. The OC San inspector may shut down the job site at no
additional cost to OC San if the permit is not available upon request. While the piping
will be isolated, the Contractor should assume there will be a potential exposure to
wastewater. OC San Risk Management will review submitted Entry Permit, Entry
Procedures, Rescue Plan and Ventilation Plan. If accepted, OC San Risk
Management will issue the Contractor a Confined Space JHA authorizing the
Contractor for such entry.
9.6 Fall Protection
A. Fall protection shall be provided around all openings to protect Contractor employees
and OC San. Fall protection at openings shall consist of a portable guardrail or other
suitable barrier to prevent persons from falling to a lower level. Fall protection will be
required for personnel when using Contractor provided extension ladders when
accessing the structures. Fall protection will be required when working at heights
greater than six feet.
B. Scaffold erection may be required. In all cases, the scaffolding system shall be
designed by a scaffold qualified person and erected, inspected and dismantled by a
scaffold competent person. The scaffolding shall be supplied by a qualified,
experienced scaffolding company. Contractor shall submit scaffold plans prior to use
and must be approved by OC San.
9.7 Hot Work
A. Any activity producing spark, flame or heat will require an OC San issued hot work
permit. The Contractor, depending on the activity, will be required to provide
appropriate controls in accordance with OC San’s hot work program. These controls
may include a fire watch, 20-pound fire extinguisher, fire blankets, and atmospheric
monitor.
9.8 Chemical Safety
All chemicals brought onsite shall be accompanied with a Safety Data Sheet (SDS). The
Contractor must store and use those chemicals in accordance with the SDS and
manufacturer instructions.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1845 Agenda Date:9/29/2021 Agenda Item No:11.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
FLEET PURCHASE OF REPLACEMENT VEHICLES, LIGHT DUTY TRUCKS, AND MEDIUM
DUTY TRUCKS FOR FY21-22
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order to National Auto Fleet Group to purchase one Ford F550 service
body utility truck and five Ford F250 service body utility trucks using Sourcewell Cooperative
Contract No. 120716-NAF, for a total amount of $326,408; and
B. Approve a 5% contingency of $16,321.
BACKGROUND
The Orange County Sanitation District (OC San) maintains a fleet of vehicles necessary to meet its
business needs. The fleet is comprised of 27 heavy-duty equipment trucks, 92 light-duty trucks, 35
sedans, 12 SUVs, and 10 vans, for a total of 176 vehicles. Light-duty trucks compose the largest
segment of the fleet and support the mobility needs of the Engineering, Operations, Collection
Facilities, and Maintenance staff.
The OC San Fleet Services Division systematically replaces vehicles as part of an overall fleet right-
sizing and modernization strategy. The replacement is based on the current vehicles’ ability to meet
the assigned group’s needs, vehicle age, maintenance cost, condition, and mileage. Replacement of
older vehicles improves safety by ensuring the vehicles are equipped with airbags, anti-lock brakes,
and traction control. Replacement vehicles also offer new capabilities such as integrated davits or
cranes to improve lifting and ergonomic safety.
Approximately 25% of OC San’s vehicles are “Green” (electric, hybrid, CNG) or Flex-fuel vehicles. All
replacement vehicles are evaluated for “Green” fuel applicability and feasibility.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Maintain a proactive asset management program
·Ensure the public’s money is wisely spent
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1845 Agenda Date:9/29/2021 Agenda Item No:11.
PROBLEM
The vehicles below are identified for replacement as they are no longer economical to maintain and
are exhibiting deteriorating physical condition.
Type Year Make Model Mileage Replacement Identifier
Lt. Truck 2006 FORD F250 37,602 A
Lt. Truck 2012 FORD F250 62,348 A
Lt. Truck 2015 FORD F250 87,733 A
Md. Truck 2013 FORD F550 64,180 B
Reallocated Positions C
PROPOSED SOLUTION
Staff recommends replacing the above vehicles with the following vehicles:
Vehicle Description & Unit
Quantities
Total Amounts (Including
Options, Tax, Tire Fee)
Replacement Identifier
Three 2022 Ford F250 XL
Service Body Utility Trucks
$143,127 A
One 2022 Ford F550 XL Service
Body Utility Truck
$ 84,793 B
Two 2022 Ford F250 Crew XL
Service Body Utility Trucks
$ 98,488 C
The utility trucks,replacement identifiers A and B,come equipped with the necessary service body
for maintenance work.The size of vehicle is determined by the type of work to be completed.These
are in-kind replacements.
The two additional Ford F250 Crew XL service body utility trucks with replacement identifier C were
requested and approved through the budget planning process to support a new need within the
Maintenance Divisions.These vehicles will allow technicians to support both treatment plants and
the pump stations versus electric carts for intraplant use only.
TIMING CONCERNS
A 5%contingency is being recommended should a pricing change occur between the date of
approval and date of purchase due to tariffs and uncontrollable market conditions.
RAMIFICATIONS OF NOT TAKING ACTION
The vehicles selected for replacement are becoming unreliable,deteriorating,and are no longer
economical to maintain.Additionally,these vehicles are lacking the more modern safety features
currently required for fleet vehicles.
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1845 Agenda Date:9/29/2021 Agenda Item No:11.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San utilizes a Cooperative Agreement through Sourcewell (formerly National Joint Powers
Alliance),Cooperative Contract No.120716-NAF with National Auto Fleet Group,in accordance with
OC San’s Purchasing Ordinance. Cooperative Agreements tend to produce lower unit prices.
This Cooperative Agreement was awarded using a competitive bid process comparable to OC San’s
and vetted by OC San’s Purchasing Division.The amount of savings under this Cooperative
Agreement is $46,723 versus non-cooperative contract list pricing.These costs are inclusive of
freight and sales tax.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This budgeted item
is in the FY 2021-22. Line item: Appendix, Page A16, Capital Equipment Budget Summary.
Date of Approval Contract Amount Contingency
09/29/2021 $326,408 $16,321 (5%)
ATTACHMENT
The following attachment(s)may be viewed online at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
DS:bb:sr:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1846 Agenda Date:9/29/2021 Agenda Item No:12.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
ON-CALL MAINTENANCE AND REPAIR MASTER SERVICES CONTRACTS - SPECIFICATION
NO. S-2021-1234BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve Master Services Contracts to provide on-call maintenance and repair services,
Specification No. S-2021-1234BD, for a one-year period effective December 1, 2021 through
November 30, 2022, with two, one-year renewal options, in accordance with Ordinance No.
OC SAN-56, Section 2.03(F), with the seven qualified firms, for bids less than $300,000:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O’Connell Engineering & Construction, Inc.; and
B. Authorize the General Manager to add or delete firms as necessary to maintain a qualified
base of up to seven firms in accordance with the Request for Qualifications Specification No.
S-2021-1234BD.
BACKGROUND
The objective of the Maintenance & Repair Services Program is to provide a Task-Order based
procurement process that allows the Orange County Sanitation District (OC San) to “fast track” repair
services on OC San assets. These master services contracts will also benefit OC San in having
ready access and agreed upon response terms for urgent and emergency repairs. This procurement
is not intended to operate on a rotational basis. The successful Contractors selected from the
Request for Qualification (RFQ) process will be offered the opportunity to bid on individual Task
Orders. Task Order Bids will be awarded to the lowest responsive bidder. Task Orders will vary in
cost not to exceed $300,000, in accordance with Ordinance No. OC SAN-56, Section 2.03 (F).
Maintenance and Repair Projects with estimates exceeding $300,000 (including change orders) will
be submitted through the formal bid procurement process (i.e., design/bid/award/repair), including
Orange County Sanitation District Printed on 9/22/2021Page 1 of 4
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1846 Agenda Date:9/29/2021 Agenda Item No:12.
be submitted through the formal bid procurement process (i.e.,design/bid/award/repair),including
Operations/Board Committee approval pursuant to OC San’s Purchasing Ordinance.
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
PROBLEM
OC San’s Purchasing Ordinance allows selection of Master Contracts for providing maintenance and
repair services to improve its efficiency to purchase goods and services required by OC San.The
current Master Services Contracts to provide on-call maintenance and repair services is set to expire
on November 30, 2021.
PROPOSED SOLUTION
Select up to seven qualified firms using the Request for Qualification (RFQ)process to perform
maintenance &repair services on a Task-Order basis by offering the opportunity to bid on individual
Task Orders.
TIMING CONCERNS
The existing Master Services Contracts expire November 30, 2021.
RAMIFICATIONS OF NOT TAKING ACTION
OC San will not have on-call contracts to expedite procurement of facility maintenance and repair
services,which would hamper our ability to make timely repairs to ensure the reliability of our
collection system and treatment plants.
PRIOR COMMITTEE/BOARD ACTIONS
October 2018 -Board approved Master Services Contracts for maintenance and repair services with
seven qualified firms for bids less than $300,000.
ADDITIONAL INFORMATION
A Request for Qualifications (RFQ)was issued on April 27,2021 via PlanetBids.A non-mandatory
pre-bid meeting was conducted virtually on May 18,2021.Statements of Qualifications (SOQs)were
received on June 10, 2021. OC San received nine responsive SOQs from the following Contractors:
1. Jamison Engineering Contractor, Inc.
2. Charles King Company
3. J.R. Filanc Construction Company, Inc.
4. Shimmick Construction Company, Inc.
Orange County Sanitation District Printed on 9/22/2021Page 2 of 4
powered by Legistar™
File #:2021-1846 Agenda Date:9/29/2021 Agenda Item No:12.
5. W.A. Rasic Construction Company, Inc.
6. Kiewit Infrastructure West Co.
7. O'Connell Construction Company, Inc.
8. Tharsos
9. ICS
The nine Contractors were evaluated on a pass/fail basis as required per the RFQ,based on the
following two categories:(1)financial history,and (2)safety record.Each of the nine Contractor’s
financial history and safety records were evaluated pursuant to the criteria established in the RFQ
and all nine Contractors were deemed responsive.
A three-member panel reviewed,evaluated,and ranked the nine responsive Contractors’SOQ’s
based upon the following three categories:(1)qualifications of the firm,(2)staff qualifications,and (3)
related experience in maintenance and repair services.Staff reviewed and ranked the proposals,
and the following table summarizes the results of the rankings:
Rank Proposer Subtotal Score (Max 100%)
1 Jamison Engineering Contractor, Inc.90%
2 Charles King Company 88%
3 J.R. Filanc Construction Company, Inc.88%
4 Shimmick Construction Company, Inc.87%
5 W.A Rasic Construction Company, Inc.83%
6 Kiewit Infrastructure West Co.82%
7 O’Connell Construction Company, Inc.78%
8 Tharsos 71%
9 ICS 54%
Based on the results,staff recommends awarding the Master Services Contracts to the top seven
ranked Contractors (Proposers).
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line for Operations and
Maintenance Department (Budget Update -Fiscal Year 2021-22,Page 45).The available funding is
sufficient for this action.
Orange County Sanitation District Printed on 9/22/2021Page 3 of 4
powered by Legistar™
File #:2021-1846 Agenda Date:9/29/2021 Agenda Item No:12.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Master Services Contracts
RM:jg:ab:gc
Orange County Sanitation District Printed on 9/22/2021Page 4 of 4
powered by Legistar™
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Jamison Engineering Contractors, Inc. with a principal place of business at 2525 South Yale Street, Santa Ana, CA 92704 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OC SAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Don Jamison President
Jamison Engineering Contractors, Inc.
2525 South Yale Street Santa Ana, California 92704
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
Jamison Engineering Contractors, Inc.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Charles King Company with a principal place of business at 2841 Gardena Ave, Signal Hill, CA 90755(hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OC SAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Steve Radaich General Manager
Charles King Company
2841 Gardena Ave Signal Hill, California 90755
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
Charles King Company
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and J.R. Filanc Construction Co., Inc. with a principal place of business at 740 N. Andreasen Ave, Escondido, CA 92029 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OCSAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right
to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: David Kiess Vice President
J.R. Filanc Construction Co., Inc.
740 N. Andreasen Ave Escondido, CA 92029
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
J.R. Filanc Construction Co., Inc.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Shimmick Construction Inc. with a principal place of business at 530 Technology Dr., Suite 300, Irvine, CA 92618 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OCSAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: W. Andrew Sloane III Executive Vice President
Shimmick Construction Inc.
530 Technology Dr., Suite 300 Irvine, California 92618
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
Shimmick Construction, Inc.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and W.A. Rasic Construction Company, Inc. with a principal place of business at 4150 Long Beach Blvd., Long Beach, CA 90807 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OC SAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Walter A. Rasic Jr. Vice President / Secretary
W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd. Long Beach, California 90807
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
W.A. Rasic Construction Company, Inc.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Kiewit Infrastructure West Co. with a principal place of business at 10704 Shoemaker Avenue, Santa Fe Springs, CA 90670 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OC SAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Terrence L. Robinson Senior Vice President
Kiewit Infrastructure West Co.
10704 Shoemaker Avenue Santa Fe Springs, California 90670
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
Kiewit Infrastructure West Co.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
1 of 18
MASTER SERVICES CONTRACT Maintenance & Repair Services Specification No. S-2021-1234BD
THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and O’Connell Engineering & Construction, Inc. with a principal place of business at 36572 Deauville Rd., Winchester, CA 92596 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to retain the services of Contractor for Maintenance & Repair Services “Services”; and
WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56 and
WHEREAS, at its regular meeting on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contactor; and;
WHEREAS, Contractor is qualified by virtue of experience, training, and education and expertise to accomplish such Services,
NOW THEREFORE, in consideration of the promises and mutual benefits exchanged between the Parties, it is mutually agreed as follows:
1. Introduction 1.1 This Master Services Contract and all attachments hereto (called the "Contract") is made
by OC San and Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in the Scope of Services, attached hereto and incorporated herein by reference as Exhibit “A”. 1.2 All Task Order Bids awarded under this Master Services Contract shall be incorporated by reference and made part hereof, upon issuance of the Task Order Bid Purchase Order. 1.3 Attachments to this Contract are incorporated by reference and made a part of this
Contract as though fully set forth at length herein. Attachments to this Contract are as follows:
Individual Task Order Bids, inclusive of: Task Order Bid Exhibit A - Scope of Services
Master Services Contract Exhibit “A” Scope of Services Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Form
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
2 of 18
1.4 In the event of any conflict or inconsistency between the provisions of this Contract, provisions of the Task Order(s) and any of the provisions of the attachments hereto, the
provisions of this Contract shall govern and control in the order of precedence set forth below:
Master Services Contract, and any amendments thereto Master Services Contract Exhibit “B” General Conditions Master Services Contract Exhibit “C” Determined Insurance Requirement Forms
Master Services Contract Exhibit “D” OC San Contractor Safety Standards Master Services Contract Exhibit “E” Human Resources Policies
Individual Task Order Bids, inclusive of: Task Order Exhibit A - Scope of Services Master Services Contract Exhibit “A” Scope of Services 1.5 The provisions of this Contract and attachments hereto are applicable at the Task Order level. It is OC San’s intent that all use of the word “Contract” in Exhibit “A” and the Task Order Attachments thereto shall mean Task Order Bid.
1.6 The provisions of this Contract and provisions of the Task Order(s) may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.7 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any Paragraph or provision hereof.
1.8 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.9 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.
1.10 The term “hours”, when used in this Contract, shall be defined in the Request for Task Order Bid, Exhibit “A” Task Order Scope of Services
1.11 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under the Task Order Bid. 1.12 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Prevailing Wage Rates The Contractor shall comply with California Labor Code Section 1771 by the payment of prevailing wages as established by the Director of the State Department of Industrial Relations. In accordance with Labor Code Section 1775, the
Contractor and any Subcontractor shall forfeit, as a penalty to OC San, not more than Two Hundred Dollars ($200) for each calendar day or portion thereof for each worker paid less than the established prevailing rates for such work or craft in which such worker is employed
for any Work done under the Contract in violation of the provisions of the California Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, for each day or portion thereof in which each worker was paid less than the prevailing wage rate the difference between such established prevailing wage rates and the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
3 of 18
amount paid to each worker shall be paid to each worker by the Contractor. 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.
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its Subcontractors who will perform Work on 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, Contractor and its Subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance
monitoring and enforcement by the DIR. 3.2 The Contractor and its Subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its Subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its Subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
4. Payments Each individual task order shall specify the method of payment to be used. Payment may be based on milestones, lump sum or monthly methods. Milestones: Payments shall be made upon approval by OC San Project Manager or his designee, of invoices submitted for milestones completed as described in the Task Order Bid. OC San, in its sole discretion, shall determine whether tasks and deliverables for each milestone has been satisfactorily completed. Lump Sum: Payment will be made in one lump sum after completion and acceptance of the Services. OC San, at its sole discretion, shall be the determining party as to whether all Work has been satisfactorily completed. Monthly: OC San shall pay monthly for Services rendered. OC San shall pay, Net 30 days upon receipt of itemized invoices, submitted in duplicate, in a form acceptable to OC San to enable audit of the charges thereon. 5. Invoices OC San shall pay within 30 days of completion and receipt and approval by OC San’s Project Manager of an itemized invoice, in a form acceptable to OC San to enable audit of the charges thereon. All cash discounts shall be taken and computed from the date of completion of tasks or acceptance of equipment, material, installation and training, or from the date of receipt of invoice, whichever occurs last. In an effort to provide quicker payment, OC San may offer payment by MasterCard.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
4 of 18
Invoices shall be emailed by Contractor to OC San Accounts Payable at APStaff@OC SAN.GOV and reference the following in the subject line: “INVOICE”, the Purchase Order number, the Project Manager(s), and [Specification No.] 6. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices
submitted by Contractor pursuant to this Contract. 7. Scope of Services Subject to the terms of this Contract, Contractor shall perform the Services identified in the individual Task Order Scope of Services, in accordance with the Standards and Requirements contained therein.
8. Modifications to Scope of Services Requests for modifications to the Task Order Scope of Services hereunder can be made by OC San at any time. All modifications must be made
in writing and signed by both Parties. Refer to General Conditions. 9. Contract Term The Services provided under this Contract shall commence on December
1, 2021 and continue through November 30, 2022. Task Order Bids can be competed during the initial term and each renewal period of the Contract. The Contract shall remain in effect until all Task Order Services have been completed and accepted by OC San.
10. Renewals OC San may exercise the option to renew the Contract for up to two (2) one-year periods as mutually agreed upon between both parties. OC San shall make no obligation to renew nor give reason if it elects not to renew.
11. Termination 11.1 Termination for Convenience OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from
OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all the Work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for the Work
performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this Contract and release OC San from any further
fee, cost or claim hereunder by Contractor other than for Work performed to the date of termination.
11.2 Termination for Default If the Contractor refuses or fails to prosecute the Work in any awarded Task Order Bid or any separable part thereof with such diligence as will ensure its completion within the time specified herein, or any authorized extension thereof, or fails to perform the Work in a manner required by the Contract Documents and/or industry standards, or fails to complete such Work within such time as required under the Contract Documents or, if the Contractor should be adjudged as bankrupt, or is otherwise deemed insolvent by OC San based on good cause and is unable to proceed with the Work, or if the Contractor should make a general assignment for the benefit of creditors, or if a receiver
should be appointed on account of insolvency, or if the Contractor files a petition to take advantage of any debtor’s act, or should any Subcontractor violate any of the provisions of the Contract, or if the Contractor should persistently or repeatedly refuse or fail, except in
cases for which an authorized extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified, or if the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
5 of 18
Contractor should fail to make prompt payment to Subcontractors for material or labor, or if the Contractor should persistently disregard laws, or instructions given by OC San, or if the
Contractor otherwise substantially fails to fulfill its obligations under the Contract Documents, OC San may, without prejudice to any other right or remedy, serve written notice upon the Contractor and Sureties of OC San’s intention to terminate the Contractor’s
performance under the Task Order Bid. Said notice shall contain the reasons for such intention to terminate the Contractor’s performance under the Contract, and unless, within ten (10) days after the service of such notice, such violations cease and/or satisfactory
arrangements for the corrections thereof have been made, the OC San may terminate Contractor’s performance under the Task Order Bid and the Contractor shall not be entitled to receive any further payment until the Work is finished.
In the event of any such termination, OC San shall serve written notice thereof upon the Surety and Contractor, and the Surety shall have the right to take over and perform the Task Order Bid. However, if the Surety, within five (5) days after the service of a notice of termination, does not give OC San written notice of its intention to take over and perform the Task Order Bid, and if it serves such notice of its intent to take over and perform the Task Order Bid and does not begin performance thereof within fifteen (15) days from the date of serving said notice, OC San may take over the Work and prosecute the same to
completion by contract or by any other method it may deem advisable for the account and at the expense of the Contractor, and the Sureties and/or Contractor shall be liable to OC San for any excess cost or other damage incurred by OC San thereby. In such an event
OC San may without liability for so doing, take possession of and utilize such materials, tools, equipment, supplies and other property belonging to the Contractor and/or assume assignment of any and all subcontracts for Subcontractors and/or Suppliers that may be on
the worksite and be necessary to complete the Work. For any portion of such Work that OC San elects to complete by furnishing its own employees, materials, tools, and equipment, OC San shall be compensated in accordance with the schedule of compensation for force
account Work as stated in the General Conditions section entitled Task Order Bid Price Adjustments and Payments.
If the Surety assumes the Contractor’s terminated Work, it shall take the Contractor’s place in all respects for that part and shall be paid by OC San for all Work performed by it in accordance with the terms of the Contract Documents. If the Surety assumes the entire
Task Order Bid, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Task Order Bid. Contractor hereby consents to assigning to OC San and/or OC San’s replacement contractor all subcontracts and other agreements of any and all Subcontractors and/or Suppliers that may be on the worksite and/or may be necessary to complete the Work in the event of Termination for Default or Termination for Convenience, as set forth below. Contractor agrees to obtain, by way of a subcontract provision, the consent of each and
every Subcontractor and/or Supplier for such assignment prior to the commencement of each such Subcontractor’s and/or Supplier’s Work on the Task Order Bid.
In the event of such termination, the Contractor will be paid the actual amount due based on unit prices or lump sums in any awarded Task Order Bid and the quantity of Work completed at the time of termination, less damages caused to OC San by acts of the
Contractor causing the termination, including but not limited to, all costs to OC San arising from professional services and attorneys' fees and all costs generated to insure or bond the Work of substituted Contractors or Subcontractors utilized to complete the Work, such
excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
6 of 18
Contractor shall pay the difference to OC San promptly upon demand. On failure of the Contractor to pay, the Surety shall pay on demand by OC San. Any portion of such
difference not paid by the Contractor or Surety within thirty (30) days following the mailing of a demand for such costs shall earn interest at the maximum rate authorized by California law.
The Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies under law or in equity available to OC San.
If it is later determined by OC San that the Contractor had an excusable reason for not performing, such as a fire, flood, or other event which was not the fault of or was beyond the control of the Contractor, OC San, after setting up a new performance schedule, may allow the Contractor to continue Work, or treat the termination as a termination for convenience, and the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of OC San. All OC San property in the possession or control of Contractor shall be returned by
Contractor to OC San upon demand, or at the termination of the Task Order Bid, whichever occurs first.
12. Bonds Contractor shall, before entering into the performance of any Task Order Bid awarded under this Contract, furnish bonds, if required as specified in an individual Request for Task Order Bid. The form of each bond shall be provided in the Request for Task Order
Bid. The bonds shall be approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the Task Order Bid amount, to guarantee the faithful performance of the Work, and the other in the amount of one hundred percent (100%) of
the Task Order Bid amount, to guarantee payment of all claims for labor and materials furnished. Task Order Bid 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 and must be maintained throughout the life of the Task Order and during the warranty period. Contractor is hereby notified that it is required that the person executing the Bonds must have on file with the County Clerk, County of Orange, a Power of Attorney and authorization to execute said Bonds for and on behalf of the corporate surety. The purpose of this requirement is to ensure that the provisions of Code of Civil Procedure Section 995.630 requiring such authority to be on file with the Orange County Clerk are satisfied in order for
the OC San and its officers to approve the bond. 13. Insurance Contractor and all Subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence
Work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any Subcontractor to commence service pursuant to a subcontract until all insurance required of the Subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract. Nothing contained in these insurance requirements is to be construed as limiting the liability of the Contractor or the Contractor’s Sureties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
7 of 18
14. General Indemnification The Contractor shall, with respect to all Work covered by or incidental to these Contract Documents, be responsible for any liability imposed by law and
shall indemnify, defend and hold OC San, the Engineer, the Consultant and its subconsultants, and each of their directors, officers, agents and employees, and all public entities issuing permits to the Contractor, free and harmless from and against all of the
following: Any claim, suit or action of every name, kind, and description, loss, damage, cost, expenses,
including reasonable attorney’s fees and expert fees, costs of compliance with administrative orders and directives, litigation, arbitration, awards, fines, and administratively or judicially-imposed penalties or judgments, arising by reason of death or bodily injury to person(s), injury to property, or other loss, damage or expense, resulting from the construction of the Work, design defects (if design originated by the Contractor only), defects in the Work, or by or on account of acts, errors or omissions of the Contractor or Contractor’s Subcontractors, Suppliers, employees, invitees, or agents or from any other cause whatsoever arising during the progress of the Work or at any time prior to its
completion and Final Acceptance, including any of the same resulting from OC San’s alleged or actual acts, errors, or omissions regardless of whether on or off of the worksite. Said responsibility shall extend to claims, demands or liability for loss, damage or injuries
occurring or discovered after completion of the Work, as well as during the progress of the Work. However, the Contractor shall not be obligated under this Contract to indemnify OC San, the Engineer or its Consultant(s) with respect to the active negligence, sole negligence
or willful misconduct of OC San, the Engineer, or its Consultant(s). In addition, if any action is brought against the Contractor or any Subcontractor to enforce
a stop payment notice or Notice to Withhold, which names OC San as a party to said action, OC San shall be entitled to reasonable attorney’s fees, costs and necessary disbursements arising out of the defense of such action by OC San. OC San shall be entitled to deduct its
costs for any stop payment notice filed, whether court action is involved or not. In any and all claims against the indemnified parties by an employee of the Contractor, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation as specified herein shall not be limited in any way by the amount or type of damages, compensation, or benefits payable by or for the Contractor, or any Subcontractor, or any Supplier or other person under Workers’ Compensation acts, disability benefit acts, or other employee acts. The obligations of the Contractor as specified herein shall not extend to the liability of the Engineer, the Consultant or its subconsultants, and each of their directors, officers, agents
and employees, arising out of or resulting from or in connection with the preparation of approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, provided that the foregoing was the sole and exclusive cause of the loss, damage or injury.
The Contractor shall also be responsible for and shall indemnify, defend and hold harmless OC San, the Engineer, the Consultant and its subconsultants, and each of their directors,
officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of the Contractor to faithfully perform the Work and all of the Contractor’s obligations under the Contract.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
8 of 18
Such costs, expenses, and damages shall include all costs, including attorney’s fees incurred by the indemnified parties in any lawsuit to which they are a party.
In the event Contractor or its insurer refuses or fails to provide a legal defense to OC San after receiving written notice of the legal action and a tender and demand for defense, OC
San shall have the right to select counsel of its own choice to represent all the interests of OC San at Contractor’s cost and expense. Contractor agrees that the amount of legal costs and expenses, including attorneys’ fees, may be withheld by OC San from any Contract
amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. Contractor further agrees that to the extent OC San incurs such damages and the damages exceed any remaining Contract
amounts due and owing to Contractor, Contractor shall reimburse OC San for all such additional damages upon demand by OC San for the same. Contractor and OC San agree that nothing in this section is intended to be or is a prevailing party clause as it pertains to attorney’s fees.
15. Safety Standards and Human Resources (HR) Policies OC San requires all contractors to follow and ensure their employees and all subcontractors follow all State and Federal
regulations as well as OC San requirements while working at OC San locations. If during the course of a contract it is discovered that OC San policies, safety manuals, or contracts do not comply with State or Federal regulations then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OC San. Contractor and all its employees and Subcontractors, shall adhere to all applicable OC San Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Performance Time is of the essence in the performance of this Contract and the provisions hereof.
17. Delay and Liquidated Damages Liquidated Damages, if any, shall be specified in any Task Order Bids. In the event the Contractor fails to achieve Final Completion of the Task
Order within the required period of performance or fails to meet any other time requirements set forth in the Contract, including the timely submittal or update of the Task Order Schedule or achievement of any designated milestones or deadline as required in the approved Task Order Bid Price Form, after due allowance for extensions of time made in accordance with the Contract Documents, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that in each such event, Contractor will pay to OC San a determined sum per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion of the Task
Order Bid is so delayed, or timely submittal or update of the Task Order Schedule is so delayed. If deadlines for milestones are identified in the approved Task Order Bid Price Form, Contractor shall pay OC San the Liquidated Damage amount corresponding to that
milestone for each and every day during which the achievement of the milestone is delayed. Contractor agrees to pay such Liquidated Damages and further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may
become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. Liquidated
Damages due to delays in achieving a milestone or deadline will not be credited toward Liquidated Damages due to delays in achieving subsequent milestones, deadlines or Final Completion of the Task Order. If this Section herein entitled “Delay and Liquidated Damages,” is found for any reason to be void, invalid or otherwise inoperative so as to
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
9 of 18
disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the Task Order by
the Final Completion date. 18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract. 19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract.
20. Familiarity with Services By executing this Contract, Contractor warrants that: 1) it has investigated the services to be performed; 2) it has investigated the site of the services and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the services under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements.
22. Licenses, Permits, Ordinances and Regulations Contractor 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 State,
County, City and/or municipal laws, Codes and/or tariffs that pertain to the Work performed under the terms of this Contract will be paid by Contractor.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced. 24. South Coast Air Quality Management District’s (SCAQMD) Requirements It is
Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in Orange County, in the event any action is brought in connection with this Contract or the performance thereof.
26. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
10 of 18
thereunder. Any breach by Contractor 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.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the task order price,
together with any incidental or consequential damages. 28. Dispute Resolution 28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Contract,
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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of Contract, each party shall select an arbitrator, and those two arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein. 29. Attorney’s Fees If any action at law or 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled. 30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract. 31. Severability If any section, subsection, or provision of this Contract, or any Contract or
instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
11 of 18
32. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any Subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from these Services without the prior written consent from OC San. 34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor.
37. Non-Liability of OC San Officers and Employees No officer or employee of OC San
shall be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract, inclusive of Task Order Bids on behalf of the Parties warrant that they are duly authorized to execute this Contract and
that by executing this Contract, the Parties are formally bound. 40. Entire Contract This Contract constitutes the entire Contract of the Parties and supersedes all prior written or oral and all contemporaneous oral Contracts, understandings, and negotiations between the Parties with respect to the subject matter hereof.
41. Task Orders OC San does not guarantee that Contractor will receive any individual Task Order Bids, nor that the Contractor will receive an equal number of Task Order Bids as
compared to any other awarded Contractors. OC San makes no guarantee that the Maintenance & Repair Services Program budget, identified in the RFQ, will be expended.
41.1 Each Task Order will be limited to no greater than $300,000.
41.2 OC San will order the Services through a Request for Task Order Bid. Each Request for
Task Order Bid will contain a detailed Scope of Services and may require attendance at a job walk (including Subcontractors, as needed) prior to the submission of a Task Order Bid.
41.3 Task Order Bid will be awarded on the basis of the lowest responsive Bid.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
12 of 18
41.4 The Request for Task Order Bid will identify the project, location of the Work, and other general and special requirements.
41.5 All Task Order Bids will be lump sum.
41.6 Contractors will be required to list Subcontractors in accordance with Public Contract Code Section 4104.
41.7 Payment terms will be specified in each Request for Task Order Bid. 41.8 Payment & Performance Bond requirements, if applicable, will be specified in each
Request for Task Order Bid. Notice to Proceed shall not be made until the bonds are approved by OC San. 41.9 OC San does not guarantee that any qualified Contractor will be awarded any individual Task Order Bids. 41.10 The Contractor shall submit its Task Order Bid within the time specified in the Request for Task Order Bid. Late Task Order Bids will not be accepted.
41.11 Changes to the Task Order Bid Services shall be made in accordance with Master Services Contract Exhibit “B” General Conditions.
42. Task Order Bid Protest Procedures This section sets forth the procedure and remedies concerning submittal and consideration
of all protests received by OC San with respect to this Request for Task Order Bid (RFTOB) issued under this Master Services Contract. All communications to OC San relating to a Protest shall be in writing and submitted electronically to Purchasing@ocsan.gov. By
submitting a Task Order Bid (TOB), each Contractor hereby agrees and understands that the Contractor must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. Upon the
express written consent of the parties, this protest procedure can also be used to resolve issues surrounding OC San’s determination of a Contractor as not responsible. This procedure is not intended to address issues concerning TOB responsiveness. The following terms as used in this Section shall have the following meanings:
• Affected Parties shall mean proposers on a procurement, whose direct economic interest would be affected by a submitted protest.
• Protest shall mean a written objection by an interested party or Affected Party to (i) the requirements or specifications contained in the RFTOB (solicitation protest); or (ii) a proposed award recommendation (award protest).
• Days shall mean calendar days, unless otherwise specified.
• Interested Party shall mean (1) on solicitation, all Contractors or prospective Contractors; (2) on award, the unsuccessful Contractor(s) with a direct economic interest in the outcome of their protest.
• Solicitation Protest Statement shall mean a written objection during the solicitation phase of the procurement, which shall be submitted prior to the Task Order Bid due date
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
13 of 18
as specified herein.
• Award Protest Statement shall mean a written objection to the award recommendation prior to final action to award the Task Order Bid, which shall be submitted after receipt of Task Order Bids, but before award of a Task Order Bid, as specified herein.
• File or Submit shall refer to the date of receipt by OC San.
Specific procedures and requirements are as follows: A. Solicitation Phase Protest The purpose of this RFTOB is to obtain competitive TOBs from awarded Contractors.
Any Interested Party who has reason to believe that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise OC San of its concerns by submitting a detailed
Solicitation Protest Statement in accordance with the requirements set forth below in this Section A.
1. Contents and Requirements A Solicitation Protest Statement must be submitted via email to Purchasing@OC SAN.GOV and addressed to OC San's Buyer identified in the RFTOB by 4:00 p.m. (Pacific Time zone) no less than three (3) days prior to the TOB due date, and must contain all of the following to be considered: a. The name, address, and telephone number of the protestor;
b. The title, TOB description, and number of the specification/ project number being protested;
c. A detailed statement setting forth the grounds for protest, which shall include, in sufficient detail to establish the merits of the protest, all the factual and legal
documentation in support of the protest; and d. The desired resolution to the protest.
If the submitted Solicitation Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be
returned to the protestor. The Solicitation Protest Statement shall not be amended after filing, and OC San will not consider any unsolicited information provided after filing. Any argument not raised in the Solicitation Protest Statement shall be deemed waived, including as a part of the award protest. Failure to file the Solicitation Protest Statement within the time period specified herein shall constitute a waiver of the right to protest the specifications or requirements of the RFTOB. Solicitation Protest Statements are public documents. OC San will provide copies
of the Solicitation Protest Statements upon written request. 2. Evaluation and Determination
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
14 of 18
No hearing will be held on the protest. OC San’s Contracts, Purchasing and
Materials Management Division Manager (Purchasing Manager), or designee, will review all material submitted, conduct an investigation of the facts, and may, but need not, request other Contractors to submit statements or arguments regarding
the protest. OC San’s Purchasing Manager, or designee, may in his/her sole discretion, discuss the protest with the protestor.
OC San’s Purchasing Manager, or designee, shall issue a final written decision regarding any solicitation protest to each Contractors prior to TOB submittal due date. The written decision will cite any actions that will or will not be taken in
response to the Solicitation Protest Statement. The decision of the Purchasing Manager concerning the Solicitation Protest Statement shall be final, and there shall be no further administrative recourse. B. Award Protest 1. Award Recommendation
Following opening and evaluation of the TOBs, OC San will issue an award Recommendation to each Contractors through any one of the following methods:
a. Delivery via overnight carrier; or
b. Posting the Award Recommendation on OC San’s online bidding system as identified within the RFTOB.
On the date OC San issues an award recommendation, OC San shall make copies of all submitted TOBs available upon request. Requests shall be made to Purchasing@ocsan.gov and shall contain the following in the subject line of the e-
mail: “[Identify: Project/TOB name and Specification No.] – Request for Copies.” 2. Contents and Requirements
Any Interested Party, who has reason to believe that a free and open competition has not taken place in the TOB submittal, evaluation of the TOBs, and award recommendation, is permitted to protest OC San’s award recommendation by submitting an Award Protest Statement to OC San identified in the RFTOB, via electronic mail (e-mail) at Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) on the third (3rd ) day after OC San issues the Award Recommendation or some similar announcement. OC San will not accept an Award Protest Statement,
or similar document, prior to the date OC San issues its award recommendation to the Contractors. Award Protest Statements, or similar document, received prior to the issuance of OC San’s award recommendation will be considered premature and
will be immediately returned to the party filing the Protest without consideration. The Award Protest Statement must be submitted timely and contain all of the
following to be considered: a. The name, address and telephone number of the protestor;
b. The title and number of the specification being protested;
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
15 of 18
c. The OC San action or recommendation that is being protested;
d. The name(s) of all Affected Parties;
e. A detailed statement setting forth the grounds, legal authority and facts in support of the protest, including all documents and evidence ;
f. Each and every ground on which the protestor bases the protest by specific references to parts of the RFTOB, which shall be attached as exhibits;
g. Each and every reason that all other Affected Parties who may be in line for the purchase or contract award should not be awarded the purchase or contract; h. A clear statement of the relief requested and the statutory or case law basis for such relief; and i. Signed and sworn by a principal of the protestor.
If the submitted Award Protest Statement does not comply with the requirements set forth herein, then it will not be considered for evaluation, and will be returned to the protestor. The Award Protest Statement shall not be amended after filing, and OC
San will not consider any unsolicited information provided after filing. Any argument not raised in the Award Protest Statement shall be deemed waived.
Award Protest Statements are public documents. OC San will notify the Affected Parties when a protest has been submitted, and will provide copies of the Protest Statements to the Interested Parties as soon as is reasonably practical.
3. Evaluation and Determination
The Affected Parties may file responsive statements in support of or in opposition to the protest no later than 4:00 p.m. on the third business day after the receipt of the Award Protest Statement from OC San. The Purchasing Manager, or designee,
shall review the facts and all submittals relative to the Award Protest Statement and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protestor and to all Affected Parties. Unless otherwise required by law, no evidentiary hearing or oral argument shall be provided, except in the sole discretion of the Purchasing Manager, or designee. In the event a hearing is conducted, the Purchasing Manager, or designee, shall
issue written notice to the protestor and Affected Parties identifying the date and time for the hearing, along with rules concerning the hearing.
4. Appeal Process In the event of an adverse decision by the Purchasing Manager, or designee, the
protestor may submit a written appeal to the Director of Administrative Services and the Director of the Department requesting the Procurement, and immediately send copies to all Affected Parties. The appeal must be submitted via email to
Purchasing@ocsan.gov no later than 4:00 p.m. (Pacific Time zone) within three (3)
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
16 of 18
days after the date the Purchasing Manager, or designee, rendered a decision. The protestor shall only submit: (1) information and documentation previously submitted
to the Purchasing Manager, or designee; (2) a copy of the final decision of the Purchasing Manager, or designee; and (3) a brief statement setting forth all factual and legal bases for the appeal. The Director of Administrative Services, together
with the Director of the Department requesting the Procurement shall evaluate each Award Protest Statement and determine whether to uphold or reject the Purchasing Manager’s determination. For Task Orders to be awarded by the General Manager,
the decision of the Director of Administrative Services and the Director of the Department requesting the Procurement shall be final. C. Delay in Award Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present: 1. The items or services being procured are urgently required; 2. Delivery or performance will be unduly delayed by failure to make award promptly; or
3. Failure to make prompt award will otherwise cause undue harm to OC San.
D. No Limitation on Remedies Nothing contained herein shall be construed to act as a limitation on OC San's choice of
remedies or confer any right upon any Interested Party or Affected Party to a remedy. E. Basis for Choice of Remedy
In determining the appropriate remedy, OC San shall consider all the circumstances surrounding the RFTOB and/or award, including, but not limited to:
1. Seriousness of any deficiency found to exist in the contracting process; 2. The effect of the action on the competitive process; 3. Any urgency surrounding the contract requirement; and 4. The effect that implementing the remedy will have on OC San.
F. Remedies
If OC San determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedure, OC San, in its sole discretion, may grant any of the following remedies or any other remedy it deems
appropriate: 1. Prior to award, OC San may issue a new solicitation, make a new selection/award
recommendation, or award a contract consistent with applicable statutes, regulations, policies and procedures. 2. In its sole discretion, take no further action; or
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
17 of 18
3. Take any other action that is permitted by law to promote compliance.
G. Legal Action
Any legal action to set aside the final determination of OC San must be filed no later than the 90th day following the date of the final determination consistent with Code of
Civil Procedure section 1094.6. In the event a protestor files a legal action related to the protest, if OC San prevails, OC San reserves the right to seek reimbursement of its costs, including attorneys’ fees, to the fullest extent permitted by law.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address or 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: B. Cori Voss Senior Buyer
Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708-7018
Contractor: Rhonda O’Connell President
O’Connell Engineering & Construction, Inc.
36572 Deauville Rd. Winchester, California 92596
Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District Master Services Contract Specification No. S-2021-1234BD
18 of 18
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: ___________________________________
Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun
Purchasing and Contracts Manager
O’Connell Engineering & Construction, Inc.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
______________________________________ IRS Employer’s I.D. Number
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1847 Agenda Date:9/29/2021 Agenda Item No:13.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PROCUREMENT OF 21 ELECTRIC CARTS
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order to Southwest Toyota Lift for the purchase of 21 electric carts using
OMNIA Partners Cooperative Contract No. EV2671 for a total amount not to exceed $432,283,
including tax and freight; and
B. Approve a contingency of $21,615 (5%).
BACKGROUND
The Orange County Sanitation District (OC San) maintains a fleet of about 200 electric carts. Electric
carts are used within the treatment plants as the primary means of transportation for Operations &
Maintenance staff and their tools. Electric carts are an efficient and environmentally friendly method
of transportation for plant staff. The cost of purchasing an electric cart is significantly less than the
cost of a light-duty truck. Carts are evaluated for replacement based on total maintenance/repair
costs to date, condition, and age.
RELEVANT STANDARDS
·Participate in local, state, and national cooperative purchasing programs
·Ensure the public’s money is wisely spent
PROBLEM
The electric carts identified for replacement require significant body panel and control systems
repairs and, as they age, the reliability decreases and affects the ability of field staff to perform their
work. Maintenance costs coupled with repair costs for these units are approaching replacement cost.
Additionally, electric carts currently in use have unsealed lead-acid batteries and lack modern
controls and safety systems.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1847 Agenda Date:9/29/2021 Agenda Item No:13.
PROPOSED SOLUTION
The staff recommends replacing 21 existing electric carts.
TIMING CONCERNS
A 5%contingency is being recommended should a pricing change occur between the date of
approval and date of purchase due to tariffs and controlled market conditions.
RAMIFICATIONS OF NOT TAKING ACTION
The electric carts selected for replacement are becoming unreliable,deteriorating,and no longer
economical to maintain.Cart downtime for repairs directly impacts the ability of staff to complete
work.
PRIOR COMMITTEE/BOARD ACTIONS
NA
ADDITIONAL INFORMATION
OC San updated the electric cart specification in 2019 to address safety concerns related to cart
rollover,battery,and charging technology improvements.Electric carts from Columbia meet or
exceed OC San’s electric cart specification and are available through a competitive bid contract.
OC San possesses the ability to purchase material,services,and equipment through cooperative
agreements.These cooperative agreements tend to lower unit prices and streamline the purchasing
process.
OC San is utilizing OMNIA Partners Cooperative Contract No.EV2671 with Columbia through
Southwest Toyota Lift (local distributor), in accordance with OC San’s Purchasing Ordinance.
OMNIA Partners Contract uses a competitive bid process comparable to OC San’s process and
vetted by Purchasing.The savings under this Cooperative Agreement is $93,971 (19%)versus the
listing prices.
These costs are inclusive of freight and sales tax.
Summary information on the quote for 21 electric carts is as follows:
Vehicle Description and Unit Quantities Total Amount (Including Options,
Freight, Tax, Tire Fees)
21 Columbia Electric Carts $432,282.40
CEQA
N/A
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1847 Agenda Date:9/29/2021 Agenda Item No:13.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item is
budgeted.Adopted Budget:Line item:Section 8,Page 102,Fleet Services,Electric Carts O&M (21);
Budget Update 2021-22.
Date of Approval Contract Amount Contingency
09/22/2021 NTE $432,283 $21,615 (5%)
ATTACHMENT
N/A
DS:bb:sr:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1848 Agenda Date:9/29/2021 Agenda Item No:14.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
MANHOLE FRAME AND COVER SERVICES, SPECIFICATION NO. S-2021-1258BD
GENERAL MANAGER’S RECOMMENDATION
RECOMMENDATION:
A. Approve a Service Contract to Ayala Engineering, Inc. to provide Manhole Frame & Cover
Replacement Services, Specification No. S-2021-1258BD, for a total amount not to exceed
$992,105 for the period beginning November 1, 2021 through October 31, 2022, with four, one
-year renewal options; and
B. Approve a contingency of $148,816 (15%).
BACKGROUND
The Orange County Sanitation District (OC San) owns approximately 4,000 manholes throughout its
service area. Occasionally, manholes need repair or replacement due to corrosion, wear from traffic,
settling, age, or street repaving. Public safety requires the repair of worn manhole frames and covers
in a timely fashion. In addition, when streets are repaved by cities or the county, OC San is required
to reset the manhole frames and covers to align with the new street elevation.
RELEVANT STANDARDS
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·Protect OC San assets
·Commitment to safety & reducing risk in all operations
PROBLEM
There has been an increased level of street maintenance and repaving in the service area. The
current authorized contract amount for the manhole frames and covers replacement service was
insufficient to sustain the necessary manhole frames and covers replacement work. The prior
Service Contract funding was exhausted with five months remaining in the annual term.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1848 Agenda Date:9/29/2021 Agenda Item No:14.
PROPOSED SOLUTION
Staff rebid the unit price based Service Contract with a greater number of estimated units to reset the
contract for the greater service need.Staff recommends awarding a new Service Contract to Ayala
Engineering, Inc. for $992,105, with an annual 15% contingency of $148,816.
TIMING CONCERNS
The current contract will expire at the end of October.Public safety will be at risk without the ability to
quickly replace or reset damaged or misaligned manhole frames and covers.
RAMIFICATIONS OF NOT TAKING ACTION
Without a contract in place,the manhole frames and covers continue to degrade and risk the safety
of the public and the integrity of OC San’s assets.Individual purchase orders are time-consuming
and will reduce the speed at which repairs can take place.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San issued a notice inviting bids on June 30,2021 through PlanetBids.The bids were due on
August 4,2021.OC San received one responsive bid.The bid is valid for 180 calendar days from
the opening date.
BID RESULTS:
The following is a list of the companies that submitted a bid.
Company Name Bid Determination
Ayala Engineering, Inc.$992,105 Responsive
AWARD RECOMMENDATION
Based on the bid results,staff recommends awarding a Service Contract to the lowest responsive
and responsive bidder,Ayala Engineering,Inc.The term of this contract will begin November 1,2021
through October 31, 2022, with four, one-year renewal options.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels OC San’s Purchasing Ordinance.This budgeted item is in
the FY 2021-22 budget.Line item:3,Section 06,Page 76.Operating Expenses By Category:
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1848 Agenda Date:9/29/2021 Agenda Item No:14.
Professional & Contractual Services.
Date of Approval Contract Amount Contingency
09/29/2021 $992,105 $148,816 (15%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
DS:mb:sr:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 10 Specification No. S-2021-1258BD Revision 031021
SERVICE CONTRACT Manhole Frame and Cover Replacement Services
Specification No. S-2021-1258BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Ayala Engineering Inc. with a principal place of business at 8482 East Meadowridge Street, Anaheim, CA 92808 (hereinafter
referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OC San desires to temporarily retain the services of Contractor for Manhole Frame
and Cover Replacement Services “Services” as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance
No. OC SAN-56; and WHEREAS, on September 29, 2021, the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services, 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 Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”.
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Scope of Work Exhibit “B” Bid
Exhibit “C” Determined Insurance Requirement Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies Exhibit “F” General Conditions 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the document highest in precedence shall be controlling. The order of precedence of the Contract is set forth below: a. Service Contract
b. Exhibit “F” General Conditions c. Exhibit “C” Determined Insurance Requirement Form d. Exhibit “D” Contractor Safety Standards e. Permits and other regulatory requirements f. Exhibit “E” Human Resources Policies
Orange County Sanitation District 2 of 10 Specification No. S-2021-1258BD Revision 031021
g. Exhibit “A” Scope of Work h. Exhibit “B” Bid Price Form
1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.7 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. 1.8 The term “hours” shall mean 7:00 A.M. to 4:00 P.M., Monday through Friday when used in this Contract. 1.9 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below.
1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not exceed Nine Hundred Ninety-Two
Thousand One Hundred Five Dollars ($992,105.00). 3. California Department of Industrial Relations (DIR) Registration and Record of Wages
3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors 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 Standards Enforcement of the Department of Industrial Relations. 3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e).
Orange County Sanitation District 3 of 10 Specification No. S-2021-1258BD Revision 031021
4. Payments and Invoicing
4.1 OC San shall pay, net thirty (30) days, upon receipt and approval, by OC San’s Project Manager or designee, of an itemized invoice submitted for Services completed in accordance with Exhibit “A”. OC San, at its sole discretion, shall be the determining party
as to whether the Services have been satisfactorily completed. 4.2 Invoice shall be emailed by Contractor to OC San Accounts Payable at APStaff@OCSan.gov and “INVOICE” with the Purchase Order Number and S-2021-1258BD shall be referenced in the subject line.
5. Audit Rights Contractor agrees that, during the term of this Contract 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 Contractor relating to the invoices submitted by Contractor pursuant to this Contract. 6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards.
7. 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. 8. Contract Term The Services provided under this Contract shall be for the period of one (1)
year commencing on November 1, 2021 and continuing through October 31, 2022. 9. Renewals 9.1 OC San may exercise the option to renew this Contract for up to four (4) one-year periods based upon the criteria set forth in Exhibit “A”, under the terms and conditions contained herein. OC San shall make no obligation to renew nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OC San Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties. Also, refer to Exhibit F – General Conditions, Section entitled Extension Of
Time For Delay. 11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OC San reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OC San of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OC San from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
Orange County Sanitation District 4 of 10 Specification No. S-2021-1258BD Revision 031021
12.2 OC San reserves the right to terminate this Contract immediately upon OC San’s
determination that Contractor is not complying with the Scope of Work requirements, if the
level of service is inadequate, or any other default of this Contract.
12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract.
12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first. 13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a
subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract.
14. Bonds Not Used 15. Indemnification and Hold Harmless Provision Contractor 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 Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OC San, Contractor 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 Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor'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
Orange County Sanitation District 5 of 10 Specification No. S-2021-1258BD Revision 031021
loss, damage, or injury. Contractor 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. 16. Contractor Safety Standards and Human Resources Policies OC San requires
Contractor and its subcontractor(s) 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 Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
17. Warranties (Refer to Exhibit F – General Conditions, Section entitled Warranty (Contractor’s Guarantee).
18. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
19. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract. 20. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor 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 Contractor’s risk, until written instructions are received from OC San.
21. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2.
22. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations. 23. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OC San that it has obtained all licenses, permits, qualifications, 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 the work
performed under the terms of this Contract will be paid by Contractor. 24. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of
Orange County Sanitation District 6 of 10 Specification No. S-2021-1258BD Revision 031021
Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically
referenced. 25. Contractor’s Employees Compensation
25.1 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. 25.2 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 same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this 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 project site, which shall be made available to any interested party upon request.
25.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit fifty dollars ($50.00) 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.
25.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or more or five (5) working days or more. 25.5 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 it hereunder. 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 (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project. 25.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and
Orange County Sanitation District 7 of 10 Specification No. S-2021-1258BD Revision 031021
overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having authority over such matters. Contractor further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776.
26. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD. 27. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event any action is brought in connection with this Contract or the performance thereof.
28. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Contractor 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.
29. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OC San rejects the goods or Services or revokes acceptance of the goods or Services, OC San may (1) cancel the Contract; (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 Contractor. In the event OC San elects to “cover” as described in (3), OC San shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price,
together with any incidental or consequential damages. 30. Dispute Resolution
30.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process.
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
Orange County Sanitation District 8 of 10 Specification No. S-2021-1258BD Revision 031021
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.
31. 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 Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 32. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 33. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
34. Damage to OC San’s Property Any of OC San’s property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OC San. 35. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OC San.
36. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees.
37. Limitations upon Subcontracting and Assignment Contractor shall not delegate any duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 38. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
39. Non-Liability of OC San Officers and Employees No officer or employee of OC San shall
be personally liable to Contractor, 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 Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
40. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
Orange County Sanitation District 9 of 10 Specification No. S-2021-1258BD Revision 031021
41. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound. 42. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter hereof.
43. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade, Principal Buyer Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, CA 92708
Contractor: Ricardo Ayala Owner Ayala Engineering, Inc.
8482 East Meadowridge Street Anaheim, CA 92808 Each party shall provide the other party written notice of any change in address as soon as practicable.
Orange County Sanitation District 10 of 10 Specification No. S-2021-1258BD Revision 031021
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 AYALA ENGINEERING, INC.
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer JL
EXHIBIT A Specification No. S-2021-1258BD
EXHIBIT A SCOPE OF WORK (CONFORMED) For Manhole Frame and Cover Replacement Services
EXHIBIT A – Conformed Page 1 of 4 Specification No. S-2021-1258BD
EXHIBIT A SCOPE OF WORK Manhole Frame and Cover Replacement Services Specification No. S-2021-1258BD 1) Background Orange County Sanitation District (OC San) is a public agency responsible for collecting, treating, and safely disposing of wastewater and its residuals. OC San’s collection system includes approximately four thousand (4,483) manholes. The purpose of this Scope of Work (SOW) is to replace the damaged manhole frames and covers identified by OC San with OC San provided frames and covers. 2) Description of the Work The SOW is inclusive of the following items:
A. Contractor shall replace defective manhole frames and covers identified by OC San throughout its service area with frames and covers provided by OC San. B. OC San estimates replacement of approximately seventy five (130) manhole frames and covers annually. OC San does not guarantee the actual quantity of
the manhole frames and covers to be replaced. C. Contractor shall replace defective manhole frames and covers identified in work orders issued by OC San. OC San will endeavor to group work orders by city due to specific permit and traffic control requirements to the greatest extent possible. Replacement shall include:
• Removal and disposal of existing collar, frame, cover, and broken/damaged grade ring(s)
• Installation of new frame and cover (type, size, style as indicated)
• Construction of new reinforced collar
• Contractor shall refer to OC San Standard Drawings, Appendix A, for
additional details. D. When manholes frame and covers are located within a concrete pad:
• The Contractor shall sawcut a 4 foot by 4 foot around a 24” frame and cover.
• Or the Contractor shall sawcut a 5 foot by 5 foot around a 36” frame and cover.
• The Contractor shall epoxy dowel in 18” long ¾” diameter dowels at 18” O.C. and match the thickness of adjacent pavement + 2”, or as directed by the
onsite inspector.
E. Contractor shall replace defective manhole frames and covers identified in work orders issued by OC San. OC San will endeavor to group work orders by city due to specific permit and traffic control requirements to the greatest extent possible. Replacement shall include:
• Removal and disposal of existing collar, frame, cover, and broken/damaged grade ring(s)
• Installation of new frame and cover (type, size, style as indicated)
• Construction of new reinforced collar
• Contractor shall refer to OC San Standard Drawings, Appendix A, for
EXHIBIT A – Conformed Page 2 of 4 Specification No. S-2021-1258BD
additional details.
F. Contractor shall seal the manhole components that are adjusted or otherwise impacted by frame and cover installation.
• Sealing method shall match the existing manhole corrosion protection system (lining or coating) per OC San manhole adjustment detail.
• Coatings shall be supplied by the Contractor and shall be applied by a manufacturer certified applicator.
• PVC manhole toppers shall be provided by the Contactor and installed by the Contractor.
• The PVC manhole toppers shall be installed by Ameron trained and certified workers.
• All corrosion protection shall be tested for pinholes or probed for weak welds prior to acceptance. G. For manholes which are coated with polyurethane or epoxy, the Contractor shall perform the necessary repairs with the same product already in the manhole such as Sancon 100, Sprayroq. Alternatively, the repairs may be performed with a 2-component epoxy such as Sikadur 31 Hi-Mod. H. Contractor shall paint existing OC San Exterior Grade Rings/concrete when
required to be above Grade, Safety Yellow. (Sherwin Williams SW4084 Safety Yellow Paint or equivalent)
I. OC San will provide the Contractor with location maps identifying manhole locations with each work order. 3) Work Elements The Contractor shall ensure that all spoils and debris are removed from the work site on a daily basis. Any spilled Portland cement concrete (PCC) shall be cleared, swept, and removed to the satisfaction of OC San and/or the agency having jurisdiction. The Contractor shall complete OC San work orders within thirty (30) calendar days unless extended in writing by OC San. Extensions of time to work orders will be at the sole discretion of OC San. Frequent lengthy delays in responses to work orders may be cause for termination of the Contract.
There may be emergency situations that will require the Contractor to respond on short notice. For these situations, the Contractor shall respond within twenty-four (24) hours of receiving the work order and include the emergency response fee included in Exhibit “B”
in addition to the regular charges for the work. 4) Street Resurfacing Depending on the jurisdictional requirements of each work location (City, County, etc.), finish grade may be Portland cement concrete (PCC) or asphalt concrete (AC). The Contractor is to determine each jurisdiction’s finish grade requirements when applying for permit. If finish grade is AC, capping must occur within three (3) business days of the actual frame and cover replacement. A tack coat shall be applied prior to placing the hot mix AC. The depth of the AC cap shall be a minimum of 1½ inches and shall be vibrated in place with a plate compactor. Finish grade of the new frames and covers must match
existing street grade without any low or high spots.
EXHIBIT A – Conformed Page 3 of 4 Specification No. S-2021-1258BD
5) Odor Abatement
A. Upon direction from OC San the Contractor shall reseal manhole covers with duct seal Cal Pico #CD-5, or equal. OC San shall provide the Contractor with the
sealing material at no cost to the Contractor. Work area around the manhole is to be swept clean of all debris. Failure to properly seal a manhole following the completion of work may be cause for termination of the Contract. B. During construction, if needed, OC San will provide the Contractor with odor abatment spray to help neutralize odors and reduce the risk of odor complaints. 6) Contractor Requirements The Contractor shall furnish all labor, materials, equipment, and incidentals necessary for the removal and replacement of defective manhole frames and covers located throughout the OC San service area.
Contractor shall have verifiable experience replacing/repairing sewer manhole frames and covers for the past three (3) years. Contractor shall submit the agency name(s), contact names, and telephone numbers for the reference(s). Contractor shall have Ameron trained and certified workers to perform all PVC manhole
topper work. 7) OC San Provided Frames and Covers Replacement frames and covers will be provided by OC San at no cost to the
Contractor. These items will be made available for pick up by the Contractor at the OC San Plant 1 warehouse (located at 10844 Ellis Ave in Fountain Valley) and will be provided in quantities necessary to fulfill each individual work order. Warehouse
business hours are from 7:00 AM to 3:30 PM Monday – Thursday. The Contractor shall be responsible for the pick up and transportation of the new frames and covers to the job site/work locations.
8) Permits and Access Contractor shall prepare applications, submit, and acquire all permits required by agencies having jurisdiction for all aspects of the work performed within their jurisdiction including, but not limited to, traffic control and or encroachment permits. OC San will only reimburse the Contractor for those permit fees that are specific to the work orders and approved by the jurisdiction(s) having authority. 9) Traffic Control
All traffic control shall be in accordance with the latest Caltrans “Manual of Traffic Control.” Additional local regulations shall have precedence. Contractor shall apply for all traffic control permits and pay all fees for said permits. OC San shall reimburse Contractor only for fees paid for approved permits. Safe and adequate pedestrian, bicyclist, and vehicular access shall be provided in accordance with Section 7-10 of the Standard Specifications for Public Works Construction (The “Greenbook”), 2018 Edition. The Contractor shall provide standard lane closures at no additional cost to OC San. For traffic control requiring flag men, pilot cars, and arrow boards (or as required by the
EXHIBIT A – Conformed Page 4 of 4 Specification No. S-2021-1258BD
permitting agency) OC San will pay the contractor(s) per the cost as submitted on the Bid Price Form, Exhibit “B”.
Inadequate or improper signing and delineation for traffic control may be cause for termination of the Contract.
10) General Work Hours This SOW is to be completed during normal work hours, Monday through Friday 7:00 a.m. – 4:00 p.m. or as required by the permit. Night work and weekend hours may be necessary due to traffic conditions and permit restrictions.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1849 Agenda Date:9/29/2021 Agenda Item No:15.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
AGREEMENT FOR PURCHASE OF ANIONIC POLYMER, SPECIFICATION NO. C-2021-1252BD
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Chemical Supplier Agreement to Polydyne, Inc. for the purchase of Liquid Anionic
Polymer, Specification No. C-2021-1252BD, for the period of November 1, 2021 through
October 31, 2022, for a unit price of $4.50 per active pound delivered, plus applicable sales
tax for a total estimated annual amount of $685,125, with four, one-year renewal options; and
B. Approve an annual unit price contingency of 10%.
BACKGROUND
Orange County Sanitation District (OC San) has used anionic polymer for over 30 years. Anionic
polymer and ferric chloride are added to the primary influent at both plants to enhance the removal of
organics and improve the settling of suspended solids during primary treatment. This is referred to
as the chemically enhanced primary treatment (CEPT) process. It is estimated that 140,000 active
pounds of anionic polymer will be required during this contract period.
RELEVANT STANDARDS
·Meet volume and water quality needs for the GWRS
·24/7/365 treatment plant reliability
PROBLEM
Solids and organics not captured and removed in the primary treatment process are converted into
biological solids in the secondary treatment process which are more difficult to digest and more costly
to dewater.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1849 Agenda Date:9/29/2021 Agenda Item No:15.
PROPOSED SOLUTION
Continue with the addition of anionic polymer which has been effective in improving solids removal
efficiencies in the primary clarifiers resulting in reduced operating costs and increased biogas
production.
TIMING CONCERNS
The current contract expires October 31, 2021, with zero remaining renewals.
RAMIFICATIONS OF NOT TAKING ACTION
If anionic polymer is not used in the primaries,it will result in increased solids and organics loading to
the secondary treatment plants resulting in increased energy usage and operating costs.In addition,
less solids captured from the primary treatment process reduces digester gas production.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San selected a 2-step procurement as the method of choice for this commodity.The first step
was issuing a Request for Qualifications on May 11,2021 via PlanetBids.A non-mandatory pre-
qualification meeting was conducted virtually on May 26,2021.Responses were due on June 11,
2021.OC San received one responsive Statement of Qualification along with necessary lab
samples.The samples submitted by Polydyne passed the bench scale testing (performed by OC
San Lab) and the firm was found responsive on their submittal.
Summary information on the Anionic Polymer bid is as follows:
Bidder Polymer Type Amount of Bid
Polydyne, Inc.WE-1145 $4.50 per active pound
Staff recommends award of a Chemical Supplier Agreement to the lowest responsive and
responsible bidder, Polydyne Inc., for the purchase of Anionic Polymer.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the OC San’s Purchasing Ordinance.This item has
been budgeted in the Operating Budget,Division 830,Supplies (Section 6,p.84)and Division 840,
Supplies (section 6, page 88).
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1849 Agenda Date:9/29/2021 Agenda Item No:15.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Chemical Supplier Agreement
MPV:PP:cf:gc
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
Orange County Sanitation District 1 of 9 Specification No. C-2021-1252BD
120518
CHEMICAL SUPPLIER AGREEMENT Purchase of Liquid Anionic Polymer Specification No. C-2021-1252BD
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 Polydyne Inc. with a principal place of business at 1 Chemical Plant Road, Riceboro, GA 31323 (hereinafter referred to as “Supplier”) collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to temporarily engage Supplier to provide Liquid Anionic Polymer as described in Exhibit “A”; and
WHEREAS, Supplier submitted its Bid dated July 9, 2021; and WHEREAS, on September 29, 2021, the Board of Directors of OC San, by minute order,
authorized execution of this Agreement between OC San and Supplier; and WHEREAS, OC San has chosen Supplier to provide Liquid Anionic Polymer 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 agreed as follows: 1. Introduction 1.1 This Agreement and all exhibits hereto (called the “Agreement”) is made by OC San and the Supplier. The terms and conditions herein exclusively govern the purchase of Liquid
Anionic Polymer 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, inclusive of Appendices
Exhibit “B” Bid Exhibit “C” Determined Insurance Requirements 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. 1.6 The term “days”, when used in the Agreement, shall mean calendar days, unless otherwise
noted as workdays.
Orange County Sanitation District 2 of 9 Specification No. C-2021-1252BD
120518
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 Monday through Thursday between the hours of 8 a.m. and 4 p.m. (exception is Operations staff who maintain plant operations 24 hours per day 7 days per week 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.
1.10 Supplier 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 Supplier as a result of work performed in anticipation of purchases of said services by OC San. 2. Delivery 2.1 LOCATIONS: Deliveries shall be made in accordance with the Scope of Work, Exhibit “A”. 2.2 OC San will pay only for the actual quantity of Anionic Polymer delivered, based upon certified tare weight and net weight. The quantity invoiced by Supplier and payable by OC San will be for the total net weight of Anionic Polymer delivered (loaded gross weight minus the tare weight). Tare weight shall be determined immediately after each delivery and prior to cleaning, emptying, or clearing the delivery tank.
2.3 A bill of lading shall accompany all shipments in accordance with Exhibit “A”. 3. Possession Ownership and control of all Anionic Polymer delivered pursuant to this
Agreement shall remain solely and exclusively with Supplier, until complete transfer of possession by delivery to OC San at the designated locations is made by Supplier.
4. Quantity 4.1 OC San makes no guarantee to actual use or quantity of Anionic Polymer purchased. Use may be sporadic based on the wastewater treatment requirements unique to each treatment plant. 4.2 OC San will, through the term of this Agreement, purchase Anionic Polymer from Supplier exclusively, except when OC San determines Supplier cannot make delivery within the time specified, with the quality and quantity specified, at the Agreement price, the level of Service is inadequate, OC San unapproved increase in active liquid pound rate or for any other default or breach of this Agreement. In such event, OC San may purchase Anionic Polymer elsewhere and charge Supplier any difference in the delivered price to OC San from that provided in this Agreement, or alternatively, OC San may terminate the Agreement based on said breach or failure to deliver the specified product. Quality control tests will be performed by OC San on the delivered Anionic Polymer to ensure it is consistent with the
requirements specified in Exhibit ”A”.
Orange County Sanitation District 3 of 9 Specification No. C-2021-1252BD
120518
5. Pricing and Invoicing 5.1 Supplier will invoice for Anionic Polymer delivered in accordance with Exhibit “A”, and in accordance with the unit price(s) listed in Exhibit “B”. Prices shall include all cartage and taxes except California State Sales Tax. The sales tax will be paid by OC San. 5.2 OC San shall pay, net thirty (30) days, upon receipt and approval by OC San of itemized invoices, submitted in a form acceptable to OC San to enable audit of the charges thereon. Supplier shall email invoices to OC San Accounts Payable at APStaff@ocsan.gov and “INVOICE” with the Purchase Order Number and Anionic Polymer shall be referenced in the subject line. All invoices shall include a description of the delivery location, the delivery date, and the unit price(s).
6. Modifications 6.1 This Agreement may be modified or changed only by written instrument in the form of an amendment to this Agreement signed by both Parties.
6.2 Pricing modifications: The prices established in this Agreement shall remain firm for the one-year Agreement term. Quarterly pricing will not be accepted. Any adjustments made will
allow for increases or decreases in the manufactured cost of the Anionic Polymer and will be based upon OC San validated information furnished by Supplier and OC San sources. Adjustments will only be reviewed on an annual basis. OC San reserves the right to agree with or reject the proposed unit price increase or decrease. 7. Agreement Term The Services provided under this Agreement shall be for the period of one (1) year commencing on November 1, 2021 and continuing through October 31, 2022. 8. Renewals 8.1 OC San may exercise the option to renew the Agreement for up to four (4) one-year periods based upon the criteria set forth in Exhibit “A”, if mutually acceptable terms can be
negotiated. OC San shall make no obligation to renew nor give reason if it elects not to renew.
8.1.1 Renewals may be made through the OC San Purchase Order Process. 8.2 The prices established in the original Agreement may be adjusted. The adjustment will
allow for any increase or decrease in the manufactured cost of the Anionic Polymer and will be based upon OC San validated information furnished by Supplier and OC San sources. Adjustments will only be reviewed on an annual basis. OC San reserves the right to agree with or reject the proposed unit price increase or decrease. 8.2.1 Price adjustments shall be made through the Amendment process.
9. Termination 9.1 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, Supplier shall immediately discontinue all work under this Agreement (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Supplier for work performed (cost and fee) to the date of termination. Supplier 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 Supplier other than for work
performed to the date of termination.
Orange County Sanitation District 4 of 9 Specification No. C-2021-1252BD
120518
9.2 OC San reserves the right to terminate this Agreement immediately upon OC San’s determination that Supplier is not meeting specification requirements for delivery of quantities needed, the level of service is inadequate, for poor quality of product, for OC San unapproved increase in unit price(s), or any other default or breach of this Agreement. 9.3 OC San may also immediately terminate for default of this Agreement in whole or in part by written notice to Supplier:
• if Supplier becomes insolvent or files a petition under the Bankruptcy Act; or
• if Supplier sells its business; or
• if Supplier breaches any of the terms of this Agreement; or
• if total amount of compensation exceeds the amount authorized under this Agreement.
9.4 All OC San property in the possession or control of Supplier shall be returned by Supplier to OC San upon demand, or at the termination of this Agreement, whichever occurs first. 10. Indemnification and Hold Harmless Supplier 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 Supplier's services under this Agreement, or by its subcontractor or by anyone directly or indirectly employed by Supplier, 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, Supplier 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
Supplier's performance under this Agreement, and/or (b) 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 Supplier of or anyone employed by or working under Supplier. To the maximum extent permitted by law, Supplier'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. Supplier 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. 11. Insurance Supplier 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 Requirements Form, Exhibit “C“. Supplier shall not commence work under this Agreement until all required insurance is obtained in a form
acceptable to OC San, nor shall Supplier allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Agreement. 12. Equipment Loss OC San will be responsible for any loss or damage to Supplier-owned
equipment, when OC San determines OC San is at fault, only to the extent of OC San’s fault, and will reimburse Supplier for such loss or damage upon receipt of invoices, minus a deduction for any amount determined to be the fault of Supplier or its subcontractor or a third party.
Orange County Sanitation District 5 of 9 Specification No. C-2021-1252BD
120518
13. Conflict of Interest and Reporting Supplier shall at all times avoid conflict of interest or appearance of conflict of interest in performance of this Agreement. 14. Supplier’s Relationship to OC San Supplier’s relationship to OC San in the performance of this Agreement is that of an independent contractor. The personnel performing Services under this Agreement shall, at all times, be under Supplier’s exclusive direction and control, and shall be employees of Supplier and not employees of OC San. Supplier shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all legal reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker’s compensation and similar matters.
15. Contractor Safety Standards and Human Resources (HR) Policies OC San requires Contractor and its subcontractor(s) 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 Contract it is discovered that Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC
San. Contractor and all of its employees and subcontractors shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”. 16. Drug-Free Workplace All employees of Supplier who will perform work under this Agreement must adhere to the California Drug-Free Workplace Act, Government Code Sections 8350 through 8357. 17. Assignments Neither this Agreement nor any interest herein or any claim hereunder may be assigned by Supplier either voluntarily or by operation of law, nor may all or substantially all of this Agreement be further subcontracted by Supplier without the prior written consent
of OC San. 18. Attorney’s Fees If any action at law or in equity 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.
19. Permits, Ordinances and Regulations 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 shall be paid by Supplier. Fees demanded for obtaining certificates, including associated inspection fees and expenses of regulatory inspectors shall be paid by Supplier. 20. Training Certification When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee of Supplier to be certified. Certificates shall be current. Lack of certificates when required will be cause for removal of offending personnel from the site, termination of the Agreement, or both.
21. Compliance with Law Supplier warrants that under the performance of this Agreement, it shall comply with all applicable Federal, State and local laws, and all lawful orders rules and
regulations thereunder. In connection with the execution of this Agreement, Supplier shall not discriminate against employees or an applicant for employment because of race, religion, color, sex, or national origin. Supplier shall take affirmative action to ensure that
applicants are employed, and employees are treated during their employment without
Orange County Sanitation District 6 of 9 Specification No. C-2021-1252BD
120518
regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; lay-off or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship. 22. Disputes 22.1 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. Pending final resolution of a dispute hereunder, Supplier shall proceed diligently with the performance of this Agreement and in accordance with OC San’s decision.
22.2 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. 22.3 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. 23. Right to Review Services, Facilities, and Records
23.1 OC San reserves the right to review any portion of the Services performed by Supplier under this Agreement, and Supplier agrees to cooperate to the fullest extent possible. Supplier shall furnish to OC San such reports, statistical data, and other information pertaining to Supplier’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 in connection with the issuance of its official statements and other prospectuses with respect to the offering, sale, and issuance of its bond and other obligations. 23.2 The right of OC San to review or approve specifications, procedures, instructions, reports, test results, calculations, schedules, or other data that are developed by Supplier shall not relieve Supplier of any obligation set forth herein.
24. Incorporated Documents 24.1 The Scope of Work, including all Appendices, Proposal, Acknowledgement of Insurance
Requirements, and OC San Safety Standards are hereby incorporated into and made a part of this Agreement, and unless modified or changed hereinabove, are controlling for all matters pertaining to the supply of Liquid Anionic Polymer and the manner of performance
thereof.
Orange County Sanitation District 7 of 9 Specification No. C-2021-1252BD
120518
24.2 In the event of any conflict or inconsistency between the provisions of this Agreement and any of the provisions of the other incorporated documents, the provisions of this Agreement shall in all respects govern and control.
25. Severability Any provision of this Agreement which is found to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions hereof. 26. 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. 27. Breach Any breach by Supplier to which OC San does not object shall not operate as a
waiver of OC San to seek remedies available to it for any subsequent breach. 28. Public Contracts Law OC San is subject to the provisions listed in the prevailing wage
determination made by the Director of the Department of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. It is agreed that all provisions of law applicable to public contracts are part of this Agreement to the same extent as though set forth herein and will be complied with by Supplier. Supplier shall not pay less than the prevailing wage.
29. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Supplier’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply
with the appropriate rules and regulations of the SCAQMD. 30. Performance Time is of the essence in the performance of the provisions hereof.
31. Familiarity with Work By executing this Agreement, Supplier 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 Supplier 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 Supplier’s risk, until written instructions are received from OC San.
32. Damage to OC San’s Property Any OC San property damaged by Supplier, its subcontractor(s), or by the personnel of either will be subject to repair or replacement by Supplier at no cost to OC San. 33. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than OC San and Supplier. 34. 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.
Orange County Sanitation District 8 of 9 Specification No. C-2021-1252BD
120518
35. Read and Understood By signing this Agreement, Supplier represents that it has read and understood the terms and conditions of the Agreement. 36. 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. 37. Notices All notices under this Agreement must be in writing. Written notice shall be 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. All notices shall be effective when first received at the following addresses: OC San: Jackie Lagade
Principal Buyer Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, CA 92708 Supplier: Boyd Stanley Senior Vice President 1 Chemical Plant Road Riceboro, GA 31323 IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Agreement to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: ___________________________________ John B. Withers
Chair, Board of Directors Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board Dated: _________________ By: ___________________________________ Ruth Zintzun Purchasing and Contracts Manager
Orange County Sanitation District 9 of 9 Specification No. C-2021-1252BD
120518
POLYDYNE, INC. Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
EXHIBIT A Specification No. C-2021-1252BD
EXHIBIT A SCOPE OF WORK For Purchase of Liquid Anionic Polymer (Step 2 of 2)
EXHIBIT A Page 1 of 3 Specification No. C-2021-1252BD
EXHIBIT A SCOPE OF WORK Purchase of Liquid Anionic Polymer (Step 2 of 2) SPECIFICATION NO. C-2021-1252BD 1. PRODUCT REQUIREMENTS 1.1 Anionic Polymer The anionic polymer will be for coagulation in the primary clarifiers. Liquid anionic polymer to be a stabilized 2.0% solution, complete miscible with water or sewage, with the following chemical and physical properties:
The % total solids 1.8 – 2.2%
The % volatile solids 97.8 – 98.2%
The % active polymer 1.8 – 2.2% Viscosity, molecular weight, and charge density should be specified on the Certificate of Analysis which should accompany each shipment as specified in section 1.4 of this Exhibit A. Specifications should be consistent throughout the term of the contract and should match those of the polymer submitted for trial testing.
2. PRODUCT DELIVERY
2.1 The product supplied shall be of new manufacture and shall not be a reconstituted, reclaimed or spent product. Said product shall be clean and free from all dirt, wood and plastic particulate matter which could cause pumping failure. It shall contain no
foreign substances, organic or inorganic, in injurious quantities. An injurious quantity shall be defined as the minimum capable of producing ill effects in the treatment plant process, in the receiving water, in sludge quality or causing Orange County Sanitation District (OC San) to exceed its NPDES requirements or does not conform to the quality criteria outlined below. Inorganic and organic impurities shall be determined by the procedures described in the latest edition of Standard Methods for the Examination of Water and Wastewater. OC San reserves the right to reject a load or cancel the contract if the stated requirements are not met. 2.2 A Delivery statement shall accompany all shipments and state the delivered weight and delivered gallons and active pounds, actual specific gravity and/or density of the
product being shipped, and the actual percent of the delivered solution. Payment shall be based on the actual active pounds of product delivered. At a minimum, the invoice shall include a description of the delivery location, the delivery date, the unit price, the
volume of product delivered, and any other parameters used to determine the cost for the shipment. The Supplier shall submit a duplicate copy of all invoices labeled for Division 830.
2.3 Each solution anionic polymer delivery requires a representative 16-ounce sample from the delivered load. A Certificate of Analysis must accompany each shipment and shall contain 1) the original gel polymer lot number used for the production of the solution anionic polymer, the original gel polymer molecular weight, and viscosity; 2) the delivered solution anionic polymer percent total solids, the percent active polymer and the specific gravity of the solution anionic polymer delivered. A certified analysis is defined as a statement signed by the manufacturer or supplier's representative declaring the analysis information is true and accurate. On initiation of this contract, a copy of each analytical test procedure must be made available to OC San. The analytical procedures must be in accordance with Standard Methods and be
EXHIBIT A Page 2 of 3 Specification No. C-2021-1252BD
acceptable to OC San. The minimum % total solids will be the minimum specification used for billing and product quality determinations.
2.4 OC San reserves the right to request polymer on a schedule convenient to the needs of the treatment plants. Deliveries shall typically be made within three (3) days of
request and only received Monday through Friday between the hours of 7:00 A.M. and 4:00 P.M. PT. 2.5 The Supplier shall notify the Control Center or Operations' Center Clerk (Control Center) at the respective treatment plant upon arrival. The Supplier shall not unload polymer into any storage tank until the Supplier has received the appropriate tank key. Delivery receipts signed by an OC San employee will be presented to the Control Center when unloading is completed. Bill of Lading must be labeled with the information listed below in order to be accepted.
• Approved name/number of product
• Specify "ANIONIC"
• FOR PHYS/CHEM TREATMENT IN ANIONIC TANK If the above information is not on the Bill of Lading, off-loading will not take place
without confirmation from OC San supervision and/or the Supplier that it is the
product ordered.
2.5.2 OC San will not accept what might be considered typographical errors. The
polymer company has many products with similar product numbers so
documentation must be accurate.
2.5.3 The OC San operator will examine the sample for color, consistency, and odor.
If an anionic polymer delivered has an amine (ammonia) odor, the load will be
rejected. Do Not Off-load.
2.6 Rejection of Shipment OC San reserves the rights to reject deliveries or terminate the contract if, 1) product quality has deteriorated; 2) product is different from that which was trialed; 3) full scale performance of the chemical is significantly different from that shown during trial testing.
2.7 OC San does not guarantee any minimum or maximum usage of anionic polymer, but it is estimated that the annual usage will be 80,000 and 50,000 active pounds for Plant
1 and Plant 2, respectively. The quantity mentioned is an estimate only, based on past and expected usage. Deliveries will be made to Plants 1 and 2 as called for. Tank location name and volume: Bulk Location Tank Volume Typical Load Plant 1 Headworks 9200 gal 5000 gal
Plant 1 Headworks 9200 gal 5000 gal Plant 1 Headworks 14805 gal 5000 gal Plant 2 Headworks 11300 gal 5000 gal Plant 2 Headworks 11300 gal 5000 gal
EXHIBIT A Page 3 of 3 Specification No. C-2021-1252BD
3. PRODUCT QUALITY
3.1 The Supplier shall provide polymer identical to the product supplied to OC San during the qualification portion of the bid. The neat polymer delivered by the Supplier must not contain solidified masses of polymer and must be 100% in solution when mixed by
means of OC San’s polymer solution batch mixing procedure. 3.2 Periodic quality control tests will be performed by OC San on the delivered anionic polymer to assure that minimum contract specifications are attained, and that the supplier-reported quality is accurate. All billings will be for no more than the actual polymer delivered. Polymer will be paid for on a corrected weight basis. All polymers delivered under the minimum product specifications shall be discounted proportionately. On a quarterly basis, Supplier of the anionic polymer shall provide the viscosity of a representative solution anionic polymer made down as delivered. 4 SAFETY
4.1 General – A meeting with personnel from OC San's Risk Division will be required before the start of contract. OC San requires hard hats, safety glasses, and safety shoes be worn on the plant premises. Face shields may also be required to be worn
when working around pressured chemical systems at connections, disconnections, adjustments, and observations. It is the responsibility of the Supplier to inform the delivery truck drivers of this obligation and train them in these requirements.
4.2 Safety showers and eye washes are located at the chemical handling locations. Drivers must review the shower and eyewash locations prior to off-loading chemicals. Drivers shall comply with OC San’s safety policies while on the plant sites. The Supplier shall provide safety equipment. Lack of safety equipment or failure to use safety equipment will be cause for rejection of the product. 4.3 Spill Response Plan - The Supplier shall have and maintain an effective spill response plan to minimize environmental impacts. Said plan must be forwarded in writing to OC San approximately 30 calendar days after the award of the contract. Drivers shall be trained accordingly.
5 DELIVERY PROCEDURES for Plant 1 and Plant 2
Chemical delivery Standard Operating Procedures (SOPs) are referenced in Appendix A-1.
APPENDIX A-1 Specification No. C-2021-1252BD
Appendix A-1 CHEMICAL DELIVERY PROCEDURES
For Purchase of Liquid Anionic Polymer (Step 2 of 2)
Orange County
Sanitation District
Chemical SOP
Number: CHEM SOP-001-P1-P2 Rev. 4 Final Plant 1 and Plant 2
Chemical Delivery Procedures
Subject: Plant No.1 and
No.2 Chemical
Delivery Procedures
for Contract Drivers
Effective Date: June 10, 2015
POLICY
Orange County Sanitation District (OCSD) Operations Division 830/840 has outlined their standard operating procedure (SOP) for delivery of designated bulk chemicals delivered to the Fountain Valley and Huntington Beach treatment plants. Chemical drivers are permitted
to connect and disconnect their deliveries without OCSD operator assistance for all bleach, ferric, bisulfite, anionic polymer, and cationic polymer deliveries. This unloading procedure has a built in safeguard which eliminates the chance of deliveries being offloaded into incorrect chemical bulk tanks. All Chemical delivery lines will have a lock on each cam-lock cap to ensure the chemical is being delivered to the correct chemical tank. Each lock will be keyed differently which will eliminate the possibility of the chemical driver mistakenly hooking up to the wrong tank in the field.
A phone is available at or near the chemical containment area for the drivers. Emergency contact numbers will be provided for the driver by the OCSD Operator.
All chemical tanks and delivery lines are clearly marked.
Chemical Drivers’ Responsibilities:
Under this procedure, all drivers shall review this “Bulk Chemical SOP for Contract
Drivers” and sign, print, and date the acknowledgment of training sheet prior to completing their initial delivery. An OCSD representative shall accompany each driver for his/her initial delivery.
o NOTE: OCSD has the discretion to require additional assistance for subsequent deliveries, if warranted, and it will be noted on the
acknowledgement sheet if it is necessary.
All drivers shall comply with the above requirements and must provide a contact phone number to the Control Center or Operations Center Operator which will be recorded on the signature acknowledgement sheet.
The driver must sign in the visitors log book and obtain pre-delivery signatures from the control center operator located in the Control Center or Operations Center. The driver must also receive clear instructions as to which tank is to receive the delivery.
Chemical SOP Rev 4, June 10, 2015
Number: CHEM SOP-001-P1-P2 Page 2 of 4 Hard Copy is Uncontrolled
If required, chemical samples may be left on the designated chemical containment wall or handed to the OCSD operations staff prior to off loading their delivery.
The driver must wear the appropriate personal protective equipment while on site at OCSD. OCSD requires all personnel who enter our process areas to wear hard hats,
safety glasses, Class 2 Safety Vest, and steel toed shoes at a minimum while in the process areas.
At the chemical tank, prior to offloading the delivery the driver will need to remove cam-lock caps with the key provided.
For added safety, the driver agrees to use a safety strap on all cam-lock connections
during the transfer of chemicals. The safety strap must be applied at the tank connection and the truck connection. NOTE: Chemical suppliers are responsible
to supply their drivers with safety straps.
The Driver is permitted to use OCSD plant air to offload their delivery. If OCSD plant air is not available, the driver is responsible to supply their own. (Driver will ensure air hose is neatly coiled after use).
Prior to opening delivery valves, the driver shall verify correct tank and tank level, and ensure that cam-lock safety straps are secured on all cam-lock connections.
Driver must report all spills larger than a quart to the Control Center before they leave the facility. If a large spill (greater than 5 gallons) is occurring during their delivery, the driver shall immediately call the Control Center and report the spill.
In the event of an emergency, immediately call the Control Center or Operations Center for assistance at the following numbers:
If using the OCSD phone call extension 2222
If using a cell phone call: Plant 1: 714-593-7133 Plant 2: 714-593-7677
If non-emergency assistance is needed at Plant 1, call extension 7025 using an OCSD phone. If at Plant 2, call extension 7625 using an OCSD phone.
After the delivery is complete, the driver shall ensure the delivery valve is closed and
the cam-lock cap and lock have been re-connected.
The driver shall then return to the Control Center or Operations Center and receive post-delivery signatures on all documents pertaining to the delivery and return the key to the Control Center Operator.
Chemical SOP Rev 4, June 10, 2015
Number: CHEM SOP-001-P1-P2 Page 3 of 4 Hard Copy is Uncontrolled
Example of how the procedure is designed to work:
1. Chemical driver checks into either Plant 1 Control Center or Plant 2
Operations Center and signs the visitor log book.
2. At that time the Control Center or Operations Center Operator will assign the
driver a chemical tank and give the driver a key for that specific tank.
3. Pre-delivery paperwork will be signed by OCSD and the start tank level will be
recorded.
4. Chemical driver will drive to assigned chemical tank, unlock cam-lock cap for
assigned tank, hook up his hose, apply cam-lock safety straps to all cam-lock
connections, open the delivery valve for the assigned tank, and unload
chemical.
5. Once the driver has finished unloading he/she will close the delivery valve, put
the cam-lock cap back on delivery fitting, and lock it.
6. Driver will return to the Control Center or Operations Center to return the key,
report any problems encounter during their delivery, receive post-delivery
signatures, and sign out on the visitor log book.
7. Operations staff will be responsible to record start and stop tank levels.
Chemical SOP Rev 4, June 10, 2015
Number: CHEM SOP-001-P1-P2 Page 4 of 4 Hard Copy is Uncontrolled
Chemical SOP
Number: CHEM SOP-001-P1-P2 (Acknowledgement Signatures)
Driver’s
Signature: Driver’s Printed Name:
Driver’s Contact Number: Date:
Operations Division Representative Name/Signature:
Date: Comments:
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1850 Agenda Date:9/29/2021 Agenda Item No:16.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55, PROJECT NO. FE18-13
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the Orange County
Sanitation District and the Orange County Transportation Authority agreeing to a funding increase for
the relocation and protection of the Redhill Relief Sewer at State Route 55 in the City of Santa Ana.
BACKGROUND
The Orange County Transportation Authority (OCTA) is implementing the State Route 55 (SR-55)
Improvement Project to widen SR-55 between Interstate 5 and Interstate 405. The Orange County
Sanitation District (OC San) owns a sewer running under SR-55 immediately south of Warner
Avenue, in the City of Santa Ana.
Redhill Relief Sewer Relocation at State Route 55, Project No. FE18-13, will extend a required
protective casing for the sewer and relocate a manhole out of the widened right of way. OCTA has
agreed to compensate OC San for the cost of this work, as documented in a March 2020 Utility
Agreement between the agencies.
RELEVANT STANDARDS
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Protect OC San assets
PROBLEM
The Utility Agreement’s reimbursable upper limit was based on an initial conceptual design.
Following site exploration and utility records research, the design had to be revised with deeper
excavation, a longer length, and a curved sewer installation. As a result, the existing reimbursable
limit is not adequate to complete the project.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1850 Agenda Date:9/29/2021 Agenda Item No:16.
PROPOSED SOLUTION
Approve an Amendment to the Utility Agreement increasing the Utility Agreement’s reimbursable from
$1,435,000 to $2,840,000. OCTA has accepted the new upper limit.
TIMING CONCERNS
The relocation and protection of the sewer must begin by May 2022,to avoid impacting OCTA’s
schedule for work that requires this work to be completed.
RAMIFICATIONS OF NOT TAKING ACTION
OCTA would not be authorized to reimburse OC San for the full cost of the project.
PRIOR COMMITTEE/BOARD ACTIONS
March 2020 -Approved Utility Agreement No.OCSD-1005 between the Orange County Sanitation
District and the Orange County Transportation Authority agreeing to specific terms,conditions,and
funding obligations regarding the relocation and protection of the Redhill Relief Sewer at State Route
55 in the City of Santa Ana.
ADDITIONAL INFORMATION
Staff plans to advertise the project for bids in November 2021 and estimates the construction to start
in May 2022.
CEQA
The relocation and protection of the Redhill Relief Sewer is included in the Initial Study/Mitigated
Negative Declaration/Environmental Assessment,prepared by Caltrans and OCTA,for the SR-55
Improvement Project.
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.Costs
for the project will be reimbursed by 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 No. OCSD-1005
·Utility Agreement No. OCSD-1005
·Presentation
RD:dm:sa:gc
Orange County Sanitation District Printed on 9/22/2021Page 2 of 2
powered by Legistar™
OR I GE O 'TY TR N PORT TIO A TIIORITY FIR T \i\lE. D\IE TO TILIT) GREEi\lF. T '0. O D-1005
D1stnct County Route Post Mile Project ID No 12 Orange SR-55 6.4/10 2 1200020328
Federal Aid No _STPLN-6071 (129)_
Owner's File· Plan #-OCSD-1005 ---
FEDERAL PARTICIPATION On the Project
On the Util1t1es
� Yes
�Yes
EA
0J340
Pngc I or2
I J-1:X-'.!4 (REV I '2014)
QNo
0No
FIRST AMENDMENT TO UTILITY AGREEMENT NO. OCSD-1005
WHEREAS, Orange County Transportation Authority, hereinafter called OCTA, whose address Is 550 South Main Street, Orange, California 92863-1584, and Orange County Sanitation District, hereinafter called OWNER, have entered into that certain Utility Agreement No. OCSD-1005, dated April 7, 2020, which Agreement sets forth the terms and conditions pursuant to which OWNER has been performing final design and relocation work to accommodate SR-55 Improvement Project No. 1200020328/EA 0J340, and,
WHEREAS, in the performance of said work, increased costs of $1,405,000.00 over and above those estimated at the time of the execution of said Agreement were incurred due to revisions made to the original, conceptual sewer design along with the additional associated design work and construction costs in connection therewith, and,
WHEREAS, It has been determined that, since costs have overrun the amount shown in said Agreement by
97 91%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to OCTA: and,
WHEREAS, the estimated cost to OCTA of the work to be performed under said Agreement was
$1,435,000.00, and by reason of the increased costs referred to above, the amended estimated cost to OCT A
IS $2,840,000 00
NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:
1 The estimated cost to OCTA of $1,435,000.00 as set forth In the AGREEMENT is hereby amended to read
$2,840,000 00
2 All other terms and conditions of the AGREEMENT remain unchanged.
1 L(,,\I 02�0950701\J
A A
ti ,\
r-1R T AMENDMENTlO UTILITY AG REEMENT NO. OCSD-1005 (Cont.)
IN WITNESS WHEREOF, the PARTIES hereto have executed this First Amendment to Utility Agreement No
OCSD-1005 th1s ___ day of _______ , 2021 .
OWNER:
ORANGE COUNTY SANITATION DISTRICT
APPROVED
By·
Date:
John B. Withers
Board Chairman
APPROVED AS TO FORM.
:~ston & B~,~~
(Famefa rivet! 1
ATTEST.
By:
Date.
Special Counsel
Kelly A. Lore, MMC
Clerk of the Board
I EGAL02/40950701\J
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
Date:
James G. Beil, P.E.
Executive Director,
Capital Programs
-------------
APPROVED AS TO FORM·
By:
Rick E. Rayl
Special Counsel
Page 2 of2
ORANGE COUNTY TRANSPORTATION AUTHORITY
UTILITY AGREEMENT
RW 13-05 {REV 12/2016)
DISTRICT COUNTY ROUTE POST MILE
12 Orange SR-55 6.4/10.2
FEDERAL AID NUMBER OWNER'S PLAN NUMBER
STPLN-6071 (129) OCSD-1005
FEDERAL f>ARTICIPATION
Page I of5
Project ID
1200020328
E.A. 0J340
On the project 18:J YES O NO On the Utilities !El YES • NO
UTILITY AGREEMENT NO. OCSD-1005 DATE Otr/0 7/-zoU)
Pursuant to Cooperative Agreement Number C-7-1936 (Cooperative Agreement), the Orange County
Transportation Authority (OCTA) is partnering with the California Department of Transportation (Caltrans) in a
project that proposes to widen State Route 55 (SR-55) between Interstate 405 and Interstate 5 (SR-55
Improvement Project). Per the Cooperative Agreement, OCTA is the lead agency for Right of Way Acquisition
and Utility. The SR-55 Improvement Project proposes to reduce traffic congestion, improve mobility as well as
traffic operations to an existing four mile stretch of SR-55.
Orange County Sanitation District (OCSD)
10844 Ellis Avenue ·
Fountain Valley, CA 92708
Hereinafter referred to as "OWNER", owns and maintains sewer facilities in the City of Santa Ana within the limits
of OCT A's project which requires project development, design, inspection, project management, relocation of a
manhole and sewer segments and the extension of casing to accommodate OCT A's project, and provision of
necessary easement interests as set forth in Section V below.
It is hereby mutually agreed that:
I. WORK TO BE DONE
In accordance with Notice to Owner No. OCSD-1005 dated February 13, 2020, OWNER shall
relocate sewer manhole and extend casing. All work shall be performed substantially in
accordance with OWNER's Plan No. OCSD-1005 dated February 13, 2020 consisting of 1 sheet,
a copy of which is on file in the OCTA office at 550 S. Main Street; Orange, CA 92863-1584.
Deviations from the OWNER's plan described above initiated by either the OCTA or the OWNER,
shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised
Notices to Owner, approved by the OCTA and agreed to/acknowledged by the OWNER, will
constitute an approved revision of the OWNER'S plan described above and are hereby made a
part hereof. No work under said deviation shall commence prior to written execution by the
OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an
amendment to this Agreement in addition to the revised Notice to Owner.
II. LIABILITY FOR WORK
ADA Notice For individuals with sensory disabilities, lhis document is available in alternate formats. For alternate format
information, contact the forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms
Management, 1120 N Street, MS-89, Sacramento, CA 95814.
LEUAl.02/3949271 lvl
LEGAL02/396 I 7270v I
Pngc 2 of5
I UTILITY AGREEMENT NO. OCSD-1005
The-existing facilities are lawfully maintained in their present location and qualify for relocation at
OCTA expense under the provisions of Section (703) of the Streets and Highways Code.
Ill. PERFORMANCE OF WORK
OWNER agrees to cause the herein described work to be performed by a contract with the lowest
qualified bidder, selected pursuant to a valid competitive bidding procedure, and to furnish or
cause to be furnished all necessary labor, materials, tools, and equipment required therefore,
and to prosecute said work diligently to completion.
Use of personnel requiring lodging and meal 'per diem' expenses shall not exceed the per diem
expense amounts allowed under the California Department of Human Resources travel expense
guidelines. Accounting Form FA-1301 is to be completed and submitted for all non-OCTA
personnel travel per diem. Owner shall also include an explanation why local employee or
contract labor is not considered adequate for the relocation work proposed.
Work performed by OWNER's contractor is a public work under the definition of Labor Code
Section 1720(a) and is therefore subject to prevailing wage requirements.
Work performed directly by Owner's employees falls within the exception of Labor Code Section
1720(a)(1) and does not constitute a public work under Section 1720(a)(2) and is not subject to
prevailing wages. OWNER shall verify compliance with this requirement in the administration of
its contracts referenced above.
IV. PAYMENT FOR WORK
The OCT A shall pay its share of the actual and necessary cost of the herein described work
within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of
OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the
actual and necessary cost and expense. The OWNER shall maintain records of the actual costs
incurred and charged or allocated to the project in accordance with recognized accounting
principles.
It is understood and agreed that OCT A will not pay for any betterment or increase in capacity of
OWNER's facilities in the new location and that OWNER shall give credit to OCTA for the salvage
value of any material or parts salvaged and retained or sold by OWNER.
Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit
detailed itemized progress bills for costs incurred, not to exceed OWNER's recorded costs as of
the billing date less estimated credits applicable to completed work. Payment of progress bills
not to exceed the amount of this Agreement may be made under the terms of this Agreement.
Payment of progress bills which exceed the amount of this Agreement may be made after receipt
and approval by OCT A of documentation supporting the cost increase and after an Amendment
to this Agreement has been executed by the parties to this Agreement.
The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work
described in Section I above. If OCTA has not received a final bill within 360 days after
notification of completion of OWNER's work described in Section I of this Agreement, and OCT A
has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint
Use Agreements for OWNER's facilities {if required), OCTA will provide written notification to
OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent
LEGAl.02/3949271 lvl
I.EG/\l.02/39617270v I
Page 3 of5
I UTILITY AGREEMENT NO. OCSD-1005
allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA
processes a final bill for payment more than 360 days after notification of completion of OWNER's
work, payment of the late bill may be subject to allocation and/or approval by the OCT A Board of
Directors.
The final billing shall be in the form of a detailed 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, OCTA 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
OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER's
estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a
copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of
the amount over the estimated cost of this Agreement may be subject to allocation and/or
approval by the OCT A Board of Directors.
In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended
Agreement shall be executed by the parties to this Agreement prior to the payment of the
OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the
work described in Section I of this Agreement, shall have the prior concurrence of OCT A.
Detailed records from which the billing is compiled shall be retained by the OWNER for a period
of three years from the date of the final payment and will be available for audit by OCT A and or
Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the
Uniform System of Accounts for Public Utilities found at 18 CFR, Parts 101 , 201 , et al., to the
extent they are applicable to OWNER doing work on the project that is the subject of this
agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1,
Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2 CFR, Part 200, et al. If a
subsequent OCT A and/or Federal audit determines payments to be unallowable, OWNER
agrees to reimburse OCT A upon receipt of OCT A billing. If OWNER is subject to repayment due
to failure by OCTA to comply with applicable laws, regulations, and ordinances, then OCTA will
ensure that OWNER is compensated for actual cost in performing work under this agreement
V. GENERAL CONDITIONS
All costs accrued by OWNER as a result of OCTA's request of August 22, 2018 to review, study
and/or prepare relocation plans and estimates for the project associated with this Agreement may
be billed pursuant to the terms and conditions of this Agreement.
If OCTA's project which precipitated this Agreement is canceled or modified so as to eliminate
the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the
right to terminate this Agreement by Amendment. The Amendment shall provide mutually
acceptable terms and conditions for terminating the Agreement.
All obligations of OCTA under the terms of this Agreement are subject to the acceptance of the
Agreement by OCTA Board of Directors or the Delegated Authority (as applicable), the passage
of the annual Budget Act by the State Legislature, and the allocation of those funds by the
California Transportation Commission.
OWNER shall submit a Notice of Completion to the OCTA within 30 days of the completion of
the work described herein.
LcG/\L02/3949271 lvl
LEG/\L02/39617270vl
Page 4 of5
I UTILITY AGREEMENT NO. OCSD-1005
Such Easement Deeds as deemed necessary by the OCTA will be delivered to OWNER,
conveying new rights of way for portions of the facilities relocated under this Agreement, over
available STATE owned property outside the limits of the highway right of way.
OCTA's liability for the new rights of way will be at the proration shown for the relocation work
involved under this Agreement.
It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1,
Part 645 is hereby incorporated into this Agreement.
In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this
agreement. The Buy America requirements are further specified in Moving Ahead for Progress
in the 21 st Century {MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing
processes have occurred in the United States for steel and iron products (including the
application of coatings) installed on a project receiving funding from the FHWA.
OWNER understands and acknowledges that this project is subject to the requirements of the
Buy America law (23 U.S.C., Section 313) and applicable regulations, including 23 CFR 635.410
and FHWA guidance, and will demonstrate Buy America compliance by collecting written
certification(s) from the vendor(s) or by collecting written certification(s) from the manufacturer(s)
mill test report {MTR).
All documents obtained to demonstrate Buy America compliance will be held by the OWNER for
a period of three (3) years from the date of final payment to the OWNER and will be made
available to OCTA or FHWA upon request.
One set of copies of all documents obtained to demonstrate Buy America compliance will be
attached to, and submitted with, the final invoice.
This does not include products for which waivers have been granted under 23 CFR 635.410 or
other applicable provisions or excluded material cited in the Department's guidelines for the
implementation of Buy America requirements for utility relocations issued on December 3, 2013.
OCTA further acknowledges that OWNER, in complying with the Buy America Rule, is expressly
relying upon the instructions and guidance (collectively, "Guidance") issued by Caltrans and its
representatives concerning the Buy America Rule requirements for utility relocations within the
State of California. Notwithstanding any provision herein to the contrary, OWNER shall not be
deemed in breach of this Agreement for any violations of the Buy America Rule if OWNER's
actions are in compliance with the Guidance.
AB 262 -Buy Clean California Act of 2017 requires as of January 1, 2019 that the Department
of General Services (DGS) is to publish in the State Contracting Manual (SCM) a maximum
acceptable level of global warming potential (GWP) for each category of required materials. The
categories of eligible materials are, carbon steel rebar, flat glass, mineral wool board insulation
and structural steel. A statement of Environmental Product Declaration (EDP) is required prior to
beginning of relocation work, to the extent required by law.
THE ESTIMATED COST TO OCTA FOR THE ABOVE DESCRIBED WORK IS $1,435,000.00.
I.EGAL02/394927l lvl
1.EGAl.02/396 l 7270v I
Signatures on Following Page
l'agc 5 oJ' 5
UTILITY AGREEMENT NO. OCSD-1005
IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written.
OWNER:
ORANGE COUNTY SANITATION DISTRICT
APPROVED &JUf o~~/t(),uNflv
___ {!___ ?jz5/70u; By:
David John Shawver
Board Chairman
Date:
I.I :(i/\!.02/3<J,:<J27 I Iv I
1..1:U.I\I .02/W6 l 7270v I
ORANGE COUNTY TRANSPORTATION
AUTHORITY,
a public entity
APPROVED
By:
. Beil, P.E.
Ex c ive Director,
. ital Programs
Date: w 'l.-<>'2-0
APPROVED AS TO FORM:
By:
Special Counsel
8/24/2021
1
Redhill Relief Sewer Relocation at
State Route 55
Project No. FE18‐13
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
September 1, 2021
2
Redhill Relief Sewer at Warner Ave
OCTA
State Route 55
Improvement
Project
Project Site
1
2
/
TUSTIN
8/24/2021
2
Approve the First Amendment to Utility Agreement No. OCSD-1005, between the Orange County Sanitation District and the Orange County Transportation Authority agreeing to a funding increase for the relocation and protection of the Redhill Relief Sewer at State Route 55 in the City of Santa Ana.
Recommendation
Original Agreement $1,435,000
Proposed Change $1,405,000
New Agreement $2,840,000
3
Questions
?
4
3
4
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1856 Agenda Date:9/29/2021 Agenda Item No:17.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
GENERAL MANAGER APPROVED PURCHASES AND ADDITIONS TO THE PRE-APPROVED
OEM SOLE SOURCE LIST
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Receive and file Orange County Sanitation District purchases made under the General Manager’s authority for the
period of April 1, 2021 to June 30, 2021; and
B. Approve the following additions to the pre-approved OEM Sole Source List for the period of April 1, 2021 to June
30, 2021:
·CBS Arcsafe - Remote Switch Actuators
·MILTON ROY - Pumps and Equipment
·MONTEREY BAY AQUARIUM RESEARCH INSTITUTE (MBARI) - Ocean Mooring Support
·RDI TECHNOLOGIES, INC. - Iris M and Iris MX Systems
·SEAL ANALYTICAL, INC - DEENA Automated Digestion System, Parts, and Software
BACKGROUND
Staff provides the Administration Committee and the Board of Directors quarterly reports of General Manager approved
and executed purchases between $50,000 and $100,000; maintenance and repair Services Task Orders between
$50,000 and $300,000; and additions to the pre-approved OEM Sole Source List.
The list of additions to the pre-approved OEM Sole Source List displays the original equipment manufacturers (OEM)
added this quarter that require sole source procurement to maintain, service, or replace equipment currently in operation
at Orange County Sanitation District (OC San) facilities because the parts and/or service can only be provided by the
OEM or their designated representative.
RELEVANT STANDARDS
·Quarterly financial reporting
·Ensure the public’s money is wisely spent
PRIOR COMMITTEE/BOARD ACTIONS
December 2016 - Minute Order 12(b) authorized the General Manager to ratify additions or deletions to the OEM Sole
Orange County Sanitation District Printed on 9/22/2021Page 1 of 5
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1856 Agenda Date:9/29/2021 Agenda Item No:17.
Source list on the General Manager’s quarterly approved purchases agenda report.
ADDITIONAL INFORMATION
In accordance with Board purchasing policies,Ordinance OC SAN-56,the General Manager has authority to
approve and execute purchases between $50,000 and $100,000.Below is a summary of General
Manager approved purchases,in amounts exceeding $50,000,for the fourth quarter of fiscal year
2020-21:
Vendor Name Amount Department Description/Discussion
AGILENT
TECHNOLOGIES,
INC.
$57,647.28 Environmental
Services
Annual PO for Crosslab Silver Service Plan
4/7/21 - 4/6/22 Board Approved OEM Sole
Source List M.O. 12/14/16, Item 12
AIRKINETICS, INC.$54,260.00 Environmental
Services
Blanket PO for Emissions Source Testing for
Central Power Generation Internal
Combustion Engines at Plant 1 and 2
4/27/21 - 4/26/22 with 4 Optional Renewal
Periods Specification No. S-2021-1224
ALSTON & BIRD LLP $95,000.00 Engineering Blanket PO to Provide Various Legal
Services 5/20/21 - 5/19/22 Sole Source
Justification 2424 Reason: Unique
Product/Service
ANDERSON A.C,
L.P./AMERICAN
MECH SVCS
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Urgent
Response to Assess and/or Repair HVAC
Systems of Occupied Areas 6/17/21 -
6/16/23 GM Article 2, Section 2.2 (b) (1)
ARI-HETRA $53,735.20 Operations &
Maintenance
Purchase and Installation of Six (6) Mobile
Column Lifts Specification No. S-2021-
1230R
BASIN VALVE
COMPANY
$60,000.00 Operations &
Maintenance
Blanket PO for Gas Compressor Pilot
Operated Relief Valve Maintenance Program
7/1/21 - 6/30/22 with 4 Optional Renewal
Periods Specification No. S-2021-1128
COOPER
MACHINERY
SERVICES LLC
$72,614.40 Operations &
Maintenance
Full Inspection on Refurbished LSVB Power
Heads Board Approved OEM Sole Source
List M.O. 8/23/17, Item 9
CORPORATE IMAGE
MAINTENANCE INC
$70,200.00 Operations &
Maintenance
Blanket PO to Provide COVID-19
Disinfecting Services at Plants 1 & 2 6/14/21
- 9/14/21 Sole Source Justification 2450
Reason: COVID-19 Related Response
CORTECH
ENGINEERING
$74,415.75 Administrative
Services
Stock Purchase of Two (2) SEEPEX Rotors
and Stators Board Approved OEM Sole
Source List M.O. 12/14/16, Item 12
CR&R $90,000.00 Operations &
Maintenance
Convenience Blanket PO to Provide and
Dump 40 Yard Trash Dumpsters at Plants 1
& 2 7/1/21 - 6/30/22 GM Article 2, Section
2.2 (b) (1)
DEMARIA ELECTRIC
MOTOR SERVICES,
INC.
$51,928.01 Operations &
Maintenance
Rebuild One (1) Hidrostal Submersible
Pump Motor Board Approved OEM Sole
Source List M.O.12/14/16, Item 12
ESRI -
ENVIRONMENTAL
SYST RESEARCH
INST.
$95,400.00 Administrative
Services
Annual PO for ESRI Enterprise Advantage
Program, including Technical Advisors,
Account Planning, & Webcasts 7/1/21 to
6/30/22 Board Approved OEM Sole Source
List M.O. 12/14/16, Item 12
G/M BUSINESS
INTERIORS
$51,530.07 Operations &
Maintenance
Installation of Twenty-Four (24) Workstations
with Lower and Upper Storage at Plant 2
County of Orange Contract# RCA-017-
18010014, in Accordance with Ordinance
OCSD-52 Section 2.03 (B) Cooperative
Purchases
GRAYBAR
ELECTRIC
COMPANY WALNUT
CA
$80,000.00 Operations &
Maintenance
Annual PO for Miscellaneous Electrical Parts
and Supplies 7/1/21 - 6/30/22 US
Communities Contract# EV2370, in
Accordance with Ordinance OCSD-52
Section 2.03 (B) Cooperative Purchases
HOME DEPOT $75,000.00 Administrative
Services
Convenience Blanket PO for Miscellaneous
Material 7/1/21 to 6/30/22 GM Article 2,
Section 2.2 (b) (1)
JAMISON
ENGINEERING
CONTRACTORS INC
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Urgent Gas,
Water and Air Line Repairs at Plants 1 & 2
7/1/21 to 6/30/22 GM Article 2, Section 2.2
(b) (1)
KARS' ADVANCED
MATERIALS INC
$90,000.00 Operations &
Maintenance
Blanket PO to Provide Metallurgical &
Forensic Engineering Support Services
5/1/21 - 4/30/22 Specification No. CS-2021-
1221
MACIAS GINI &
O'CONNELL LLP
$87,850.00 Administrative
Services
Blanket PO for Financial Auditing Services
7/1/21 - 6/30/22 Sole Source Justification
2390 Reason: Unique Product/Service
MISCO WATER $51,912.00 Operations &
Maintenance
Purchase of Eight (8) Watson Marlow
Peristaltic Metering Pumps Board Approved
OEM Sole Source List M.O. 12/14/16, Item
12
MURPHY
INDUSTRIAL
COATINGS, INC.
$81,230.00 Operations &
Maintenance
Plant 1 Secondary Clarifier 29 Catwalk
Coating Repairs (CTO-0104) Specification
No. S-2021-1245BD
NATIONAL FIRE
PROTECTION
ASSOC
$81,000.00 Human
Resources
NFPA 70E Electrical Safety in the Workplace
Virtual and Online Training Sole Source
Justification 2451 Reason: Unique
Product/Service
O'CONNELL
ENGINEERING &
CONSTRUCTION
INC
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Urgent Gas,
Water and Air Line Repairs at Plants 1 & 2
5/1/21 to 4/30/23 GM Article 2, Section 2.2
(b) (1)
ONESOURCE
DISTRIBUTORS INC
$80,000.00 Operations &
Maintenance
Convenience Blanket PO for the Purchase of
Miscellaneous Electrical Parts and Supplies
7/1/21 to 6/30/22 GM Article 2, Section 2.2
(b) (1)
PCI $64,580.00 Operations &
Maintenance
Replace and Install New Gas Pipeline
Signage at Plants 1 & 2 Specification No. S-
2021-1246
PMWEB, INC.$83,166.67 Administrative
Services
Support & Maintenance/Hosting for Project
Management Information System (J-128)
8/1/21 to 7/31/22 Board Approved OEM Sole
Source List M.O. 8/28/18, Item 7
QUINN POWER
SYSTEMS
$75,840.00 Operations &
Maintenance
Headworks and EPSA Generator Load Bank
Testing at Plant 2 Specification No. S-2021-
1239
QUINN POWER
SYSTEMS
$86,400.00 Operations &
Maintenance
Generator 7 Radiator Replacement at Plant
1 Specification No. S-2021-1237
RAINBOW
DISPOSAL CO., INC.
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Providing and
Servicing Three (3) Cubic Yard Dumpsters at
Plants 1 & 2 7/1/21 to 6/30/22 GM Article 2,
Section 2.2 (b) (1)
ROADWAY
CONSTRUCTION
SVC (RCS SAFETY)
$75,220.00 Operations &
Maintenance
Blanket PO for On-Call Traffic Control
Services 5/1/21 - 4/30/22 with 4 Optional
Renewal Periods Specification No. S-2021-
1228
ROCKWELL
ENGINEERING &
EQUIPMENT CO
$80,861.86 Operations &
Maintenance
Purchase of Boerger Pump and Assembly
Board Approved OEM Sole Source List
M.O. 12/14/16, Item 12
SAFETY SHOE
SERVICES
$70,000.00 Human
Resources
Convenience Blanket PO for On-Site Safety
Shoe Services 7/1/21 to 6/30/22 GM Article
2, Section 2.2 (b) (1)
SNAP ON
INDUSTRIAL
$55,808.24 Operations &
Maintenance
Purchase of Custom Automotive Bay
Technician Center and Work Bench for Fleet
Services 7/1/21 - 6/30/22 CA DGS CMAS
Contract# 4-21-03-1026, in Accordance with
Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
SNF POLYDYNE INC $98,500.00 Operations &
Maintenance
Blanket PO Bridge Contract for the Purchase
of Anionic Polymer 9/1/21 - 10/31/21 Sole
Source Justification 2453 Reason: Until
Formal Bid Procurement is Completed
SOUTHERN
CALIFORNIA NEWS
GROUP
$99,000.00 Administrative
Services
Convenience Blanket PO for Notices,
Classified Ads, and Legal Advertising 7/1/21
to 6/30/22 GM Article 2, Section 2.2 (b) (1)
TRANSWEST
TRUCK CENTER LLC
$71,697.88 Operations &
Maintenance
Purchase of New 2022 Ford F-650 Truck
with Installed Stake Bed Approved CORF
Budget FY 20/21 Specification No. V-2021-
1226
VWR SCIENTIFIC $67,152.96 Environmental
Services
Purchase of Gas Chromatography System,
Integrated Sulfur Chemiluminescence
Detector, and OpenLab Workstation PC
Bundle NASPO Valuepoint Master
Agreement # MA16000234-2, in Accordance
with Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
Orange County Sanitation District Printed on 9/22/2021Page 2 of 5
powered by Legistar™
File #:2021-1856 Agenda Date:9/29/2021 Agenda Item No:17.
Vendor Name Amount Department Description/DiscussionAGILENTTECHNOLOGIES,INC.$57,647.28 EnvironmentalServices Annual PO for Crosslab Silver Service Plan4/7/21 - 4/6/22 Board Approved OEM SoleSource List M.O. 12/14/16, Item 12AIRKINETICS, INC.$54,260.00 EnvironmentalServices Blanket PO for Emissions Source Testing forCentral Power Generation InternalCombustion Engines at Plant 1 and 24/27/21 - 4/26/22 with 4 Optional RenewalPeriods Specification No. S-2021-1224ALSTON & BIRD LLP $95,000.00 Engineering Blanket PO to Provide Various LegalServices 5/20/21 - 5/19/22 Sole SourceJustification 2424 Reason: UniqueProduct/ServiceANDERSON A.C,L.P./AMERICANMECH SVCS $90,000.00 Operations &Maintenance Convenience Blanket PO for UrgentResponse to Assess and/or Repair HVACSystems of Occupied Areas 6/17/21 -6/16/23 GM Article 2, Section 2.2 (b) (1)ARI-HETRA $53,735.20 Operations &Maintenance Purchase and Installation of Six (6) MobileColumn Lifts Specification No. S-2021-1230RBASIN VALVECOMPANY $60,000.00 Operations &Maintenance Blanket PO for Gas Compressor PilotOperated Relief Valve Maintenance Program7/1/21 - 6/30/22 with 4 Optional RenewalPeriods Specification No. S-2021-1128COOPERMACHINERYSERVICES LLC $72,614.40 Operations &Maintenance Full Inspection on Refurbished LSVB PowerHeads Board Approved OEM Sole SourceList M.O. 8/23/17, Item 9CORPORATE IMAGEMAINTENANCE INC $70,200.00 Operations &Maintenance Blanket PO to Provide COVID-19Disinfecting Services at Plants 1 & 2 6/14/21- 9/14/21 Sole Source Justification 2450Reason: COVID-19 Related ResponseCORTECHENGINEERING$74,415.75 AdministrativeServices Stock Purchase of Two (2) SEEPEX Rotorsand Stators Board Approved OEM SoleSource List M.O. 12/14/16, Item 12CR&R $90,000.00 Operations &Maintenance Convenience Blanket PO to Provide andDump 40 Yard Trash Dumpsters at Plants 1& 2 7/1/21 - 6/30/22 GM Article 2, Section
2.2 (b) (1)
DEMARIA ELECTRIC
MOTOR SERVICES,
INC.
$51,928.01 Operations &
Maintenance
Rebuild One (1) Hidrostal Submersible
Pump Motor Board Approved OEM Sole
Source List M.O.12/14/16, Item 12
ESRI -
ENVIRONMENTAL
SYST RESEARCH
INST.
$95,400.00 Administrative
Services
Annual PO for ESRI Enterprise Advantage
Program, including Technical Advisors,
Account Planning, & Webcasts 7/1/21 to
6/30/22 Board Approved OEM Sole Source
List M.O. 12/14/16, Item 12
G/M BUSINESS
INTERIORS
$51,530.07 Operations &
Maintenance
Installation of Twenty-Four (24) Workstations
with Lower and Upper Storage at Plant 2
County of Orange Contract# RCA-017-
18010014, in Accordance with Ordinance
OCSD-52 Section 2.03 (B) Cooperative
Purchases
GRAYBAR
ELECTRIC
COMPANY WALNUT
CA
$80,000.00 Operations &
Maintenance
Annual PO for Miscellaneous Electrical Parts
and Supplies 7/1/21 - 6/30/22 US
Communities Contract# EV2370, in
Accordance with Ordinance OCSD-52
Section 2.03 (B) Cooperative Purchases
HOME DEPOT $75,000.00 Administrative
Services
Convenience Blanket PO for Miscellaneous
Material 7/1/21 to 6/30/22 GM Article 2,
Section 2.2 (b) (1)
JAMISON
ENGINEERING
CONTRACTORS INC
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Urgent Gas,
Water and Air Line Repairs at Plants 1 & 2
7/1/21 to 6/30/22 GM Article 2, Section 2.2
(b) (1)
KARS' ADVANCED
MATERIALS INC
$90,000.00 Operations &
Maintenance
Blanket PO to Provide Metallurgical &
Forensic Engineering Support Services
5/1/21 - 4/30/22 Specification No. CS-2021-
1221
MACIAS GINI &
O'CONNELL LLP
$87,850.00 Administrative
Services
Blanket PO for Financial Auditing Services
7/1/21 - 6/30/22 Sole Source Justification
2390 Reason: Unique Product/Service
MISCO WATER $51,912.00 Operations &
Maintenance
Purchase of Eight (8) Watson Marlow
Peristaltic Metering Pumps Board Approved
OEM Sole Source List M.O. 12/14/16, Item
12
MURPHY
INDUSTRIAL
COATINGS, INC.
$81,230.00 Operations &
Maintenance
Plant 1 Secondary Clarifier 29 Catwalk
Coating Repairs (CTO-0104) Specification
No. S-2021-1245BD
NATIONAL FIRE
PROTECTION
ASSOC
$81,000.00 Human
Resources
NFPA 70E Electrical Safety in the Workplace
Virtual and Online Training Sole Source
Justification 2451 Reason: Unique
Product/Service
O'CONNELL
ENGINEERING &
CONSTRUCTION
INC
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Urgent Gas,
Water and Air Line Repairs at Plants 1 & 2
5/1/21 to 4/30/23 GM Article 2, Section 2.2
(b) (1)
ONESOURCE
DISTRIBUTORS INC
$80,000.00 Operations &
Maintenance
Convenience Blanket PO for the Purchase of
Miscellaneous Electrical Parts and Supplies
7/1/21 to 6/30/22 GM Article 2, Section 2.2
(b) (1)
PCI $64,580.00 Operations &
Maintenance
Replace and Install New Gas Pipeline
Signage at Plants 1 & 2 Specification No. S-
2021-1246
PMWEB, INC.$83,166.67 Administrative
Services
Support & Maintenance/Hosting for Project
Management Information System (J-128)
8/1/21 to 7/31/22 Board Approved OEM Sole
Source List M.O. 8/28/18, Item 7
QUINN POWER
SYSTEMS
$75,840.00 Operations &
Maintenance
Headworks and EPSA Generator Load Bank
Testing at Plant 2 Specification No. S-2021-
1239
QUINN POWER
SYSTEMS
$86,400.00 Operations &
Maintenance
Generator 7 Radiator Replacement at Plant
1 Specification No. S-2021-1237
RAINBOW
DISPOSAL CO., INC.
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Providing and
Servicing Three (3) Cubic Yard Dumpsters at
Plants 1 & 2 7/1/21 to 6/30/22 GM Article 2,
Section 2.2 (b) (1)
ROADWAY
CONSTRUCTION
SVC (RCS SAFETY)
$75,220.00 Operations &
Maintenance
Blanket PO for On-Call Traffic Control
Services 5/1/21 - 4/30/22 with 4 Optional
Renewal Periods Specification No. S-2021-
1228
ROCKWELL
ENGINEERING &
EQUIPMENT CO
$80,861.86 Operations &
Maintenance
Purchase of Boerger Pump and Assembly
Board Approved OEM Sole Source List
M.O. 12/14/16, Item 12
SAFETY SHOE
SERVICES
$70,000.00 Human
Resources
Convenience Blanket PO for On-Site Safety
Shoe Services 7/1/21 to 6/30/22 GM Article
2, Section 2.2 (b) (1)
SNAP ON
INDUSTRIAL
$55,808.24 Operations &
Maintenance
Purchase of Custom Automotive Bay
Technician Center and Work Bench for Fleet
Services 7/1/21 - 6/30/22 CA DGS CMAS
Contract# 4-21-03-1026, in Accordance with
Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
SNF POLYDYNE INC $98,500.00 Operations &
Maintenance
Blanket PO Bridge Contract for the Purchase
of Anionic Polymer 9/1/21 - 10/31/21 Sole
Source Justification 2453 Reason: Until
Formal Bid Procurement is Completed
SOUTHERN
CALIFORNIA NEWS
GROUP
$99,000.00 Administrative
Services
Convenience Blanket PO for Notices,
Classified Ads, and Legal Advertising 7/1/21
to 6/30/22 GM Article 2, Section 2.2 (b) (1)
TRANSWEST
TRUCK CENTER LLC
$71,697.88 Operations &
Maintenance
Purchase of New 2022 Ford F-650 Truck
with Installed Stake Bed Approved CORF
Budget FY 20/21 Specification No. V-2021-
1226
VWR SCIENTIFIC $67,152.96 Environmental
Services
Purchase of Gas Chromatography System,
Integrated Sulfur Chemiluminescence
Detector, and OpenLab Workstation PC
Bundle NASPO Valuepoint Master
Agreement # MA16000234-2, in Accordance
with Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
Orange County Sanitation District Printed on 9/22/2021Page 3 of 5
powered by Legistar™
File #:2021-1856 Agenda Date:9/29/2021 Agenda Item No:17.
Vendor Name Amount Department Description/DiscussionAGILENTTECHNOLOGIES,INC.$57,647.28 EnvironmentalServices Annual PO for Crosslab Silver Service Plan4/7/21 - 4/6/22 Board Approved OEM SoleSource List M.O. 12/14/16, Item 12AIRKINETICS, INC.$54,260.00 EnvironmentalServices Blanket PO for Emissions Source Testing forCentral Power Generation InternalCombustion Engines at Plant 1 and 24/27/21 - 4/26/22 with 4 Optional RenewalPeriods Specification No. S-2021-1224ALSTON & BIRD LLP $95,000.00 Engineering Blanket PO to Provide Various LegalServices 5/20/21 - 5/19/22 Sole SourceJustification 2424 Reason: UniqueProduct/ServiceANDERSON A.C,L.P./AMERICANMECH SVCS $90,000.00 Operations &Maintenance Convenience Blanket PO for UrgentResponse to Assess and/or Repair HVACSystems of Occupied Areas 6/17/21 -6/16/23 GM Article 2, Section 2.2 (b) (1)ARI-HETRA $53,735.20 Operations &Maintenance Purchase and Installation of Six (6) MobileColumn Lifts Specification No. S-2021-1230RBASIN VALVECOMPANY $60,000.00 Operations &Maintenance Blanket PO for Gas Compressor PilotOperated Relief Valve Maintenance Program7/1/21 - 6/30/22 with 4 Optional RenewalPeriods Specification No. S-2021-1128COOPERMACHINERYSERVICES LLC $72,614.40 Operations &Maintenance Full Inspection on Refurbished LSVB PowerHeads Board Approved OEM Sole SourceList M.O. 8/23/17, Item 9CORPORATE IMAGEMAINTENANCE INC $70,200.00 Operations &Maintenance Blanket PO to Provide COVID-19Disinfecting Services at Plants 1 & 2 6/14/21- 9/14/21 Sole Source Justification 2450Reason: COVID-19 Related ResponseCORTECHENGINEERING$74,415.75 AdministrativeServices Stock Purchase of Two (2) SEEPEX Rotorsand Stators Board Approved OEM SoleSource List M.O. 12/14/16, Item 12CR&R $90,000.00 Operations &Maintenance Convenience Blanket PO to Provide andDump 40 Yard Trash Dumpsters at Plants 1& 2 7/1/21 - 6/30/22 GM Article 2, Section2.2 (b) (1)DEMARIA ELECTRICMOTOR SERVICES,INC.$51,928.01 Operations &Maintenance Rebuild One (1) Hidrostal SubmersiblePump Motor Board Approved OEM SoleSource List M.O.12/14/16, Item 12ESRI -ENVIRONMENTALSYST RESEARCHINST.$95,400.00 AdministrativeServices Annual PO for ESRI Enterprise AdvantageProgram, including Technical Advisors,Account Planning, & Webcasts 7/1/21 to6/30/22 Board Approved OEM Sole SourceList M.O. 12/14/16, Item 12G/M BUSINESSINTERIORS $51,530.07 Operations &Maintenance Installation of Twenty-Four (24) Workstationswith Lower and Upper Storage at Plant 2County of Orange Contract# RCA-017-18010014, in Accordance with OrdinanceOCSD-52 Section 2.03 (B) CooperativePurchasesGRAYBARELECTRICCOMPANY WALNUTCA $80,000.00 Operations &Maintenance Annual PO for Miscellaneous Electrical Partsand Supplies 7/1/21 - 6/30/22 USCommunities Contract# EV2370, inAccordance with Ordinance OCSD-52Section 2.03 (B) Cooperative PurchasesHOME DEPOT $75,000.00 AdministrativeServices Convenience Blanket PO for MiscellaneousMaterial 7/1/21 to 6/30/22 GM Article 2,Section 2.2 (b) (1)JAMISONENGINEERINGCONTRACTORS INC $90,000.00 Operations &Maintenance Convenience Blanket PO for Urgent Gas,Water and Air Line Repairs at Plants 1 & 27/1/21 to 6/30/22 GM Article 2, Section 2.2(b) (1)KARS' ADVANCEDMATERIALS INC $90,000.00 Operations &Maintenance Blanket PO to Provide Metallurgical &Forensic Engineering Support Services5/1/21 - 4/30/22 Specification No. CS-2021-1221MACIAS GINI &O'CONNELL LLP $87,850.00 AdministrativeServices Blanket PO for Financial Auditing Services7/1/21 - 6/30/22 Sole Source Justification2390 Reason: Unique Product/ServiceMISCO WATER $51,912.00 Operations &Maintenance Purchase of Eight (8) Watson MarlowPeristaltic Metering Pumps Board ApprovedOEM Sole Source List M.O. 12/14/16, Item12MURPHYINDUSTRIALCOATINGS, INC.$81,230.00 Operations &Maintenance Plant 1 Secondary Clarifier 29 CatwalkCoating Repairs (CTO-0104) SpecificationNo. S-2021-1245BDNATIONAL FIREPROTECTIONASSOC $81,000.00 HumanResources NFPA 70E Electrical Safety in the WorkplaceVirtual and Online Training Sole SourceJustification 2451 Reason: UniqueProduct/ServiceO'CONNELLENGINEERING &CONSTRUCTIONINC $90,000.00 Operations &Maintenance Convenience Blanket PO for Urgent Gas,Water and Air Line Repairs at Plants 1 & 25/1/21 to 4/30/23 GM Article 2, Section 2.2(b) (1)
ONESOURCE
DISTRIBUTORS INC
$80,000.00 Operations &
Maintenance
Convenience Blanket PO for the Purchase of
Miscellaneous Electrical Parts and Supplies
7/1/21 to 6/30/22 GM Article 2, Section 2.2
(b) (1)
PCI $64,580.00 Operations &
Maintenance
Replace and Install New Gas Pipeline
Signage at Plants 1 & 2 Specification No. S-
2021-1246
PMWEB, INC.$83,166.67 Administrative
Services
Support & Maintenance/Hosting for Project
Management Information System (J-128)
8/1/21 to 7/31/22 Board Approved OEM Sole
Source List M.O. 8/28/18, Item 7
QUINN POWER
SYSTEMS
$75,840.00 Operations &
Maintenance
Headworks and EPSA Generator Load Bank
Testing at Plant 2 Specification No. S-2021-
1239
QUINN POWER
SYSTEMS
$86,400.00 Operations &
Maintenance
Generator 7 Radiator Replacement at Plant
1 Specification No. S-2021-1237
RAINBOW
DISPOSAL CO., INC.
$90,000.00 Operations &
Maintenance
Convenience Blanket PO for Providing and
Servicing Three (3) Cubic Yard Dumpsters at
Plants 1 & 2 7/1/21 to 6/30/22 GM Article 2,
Section 2.2 (b) (1)
ROADWAY
CONSTRUCTION
SVC (RCS SAFETY)
$75,220.00 Operations &
Maintenance
Blanket PO for On-Call Traffic Control
Services 5/1/21 - 4/30/22 with 4 Optional
Renewal Periods Specification No. S-2021-
1228
ROCKWELL
ENGINEERING &
EQUIPMENT CO
$80,861.86 Operations &
Maintenance
Purchase of Boerger Pump and Assembly
Board Approved OEM Sole Source List
M.O. 12/14/16, Item 12
SAFETY SHOE
SERVICES
$70,000.00 Human
Resources
Convenience Blanket PO for On-Site Safety
Shoe Services 7/1/21 to 6/30/22 GM Article
2, Section 2.2 (b) (1)
SNAP ON
INDUSTRIAL
$55,808.24 Operations &
Maintenance
Purchase of Custom Automotive Bay
Technician Center and Work Bench for Fleet
Services 7/1/21 - 6/30/22 CA DGS CMAS
Contract# 4-21-03-1026, in Accordance with
Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
SNF POLYDYNE INC $98,500.00 Operations &
Maintenance
Blanket PO Bridge Contract for the Purchase
of Anionic Polymer 9/1/21 - 10/31/21 Sole
Source Justification 2453 Reason: Until
Formal Bid Procurement is Completed
SOUTHERN
CALIFORNIA NEWS
GROUP
$99,000.00 Administrative
Services
Convenience Blanket PO for Notices,
Classified Ads, and Legal Advertising 7/1/21
to 6/30/22 GM Article 2, Section 2.2 (b) (1)
TRANSWEST
TRUCK CENTER LLC
$71,697.88 Operations &
Maintenance
Purchase of New 2022 Ford F-650 Truck
with Installed Stake Bed Approved CORF
Budget FY 20/21 Specification No. V-2021-
1226
VWR SCIENTIFIC $67,152.96 Environmental
Services
Purchase of Gas Chromatography System,
Integrated Sulfur Chemiluminescence
Detector, and OpenLab Workstation PC
Bundle NASPO Valuepoint Master
Agreement # MA16000234-2, in Accordance
with Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
Orange County Sanitation District Printed on 9/22/2021Page 4 of 5
powered by Legistar™
File #:2021-1856 Agenda Date:9/29/2021 Agenda Item No:17.
Vendor Name Amount Department Description/DiscussionAGILENTTECHNOLOGIES,INC.$57,647.28 EnvironmentalServices Annual PO for Crosslab Silver Service Plan4/7/21 - 4/6/22 Board Approved OEM SoleSource List M.O. 12/14/16, Item 12AIRKINETICS, INC.$54,260.00 EnvironmentalServices Blanket PO for Emissions Source Testing forCentral Power Generation InternalCombustion Engines at Plant 1 and 24/27/21 - 4/26/22 with 4 Optional RenewalPeriods Specification No. S-2021-1224ALSTON & BIRD LLP $95,000.00 Engineering Blanket PO to Provide Various LegalServices 5/20/21 - 5/19/22 Sole SourceJustification 2424 Reason: UniqueProduct/ServiceANDERSON A.C,L.P./AMERICANMECH SVCS $90,000.00 Operations &Maintenance Convenience Blanket PO for UrgentResponse to Assess and/or Repair HVACSystems of Occupied Areas 6/17/21 -6/16/23 GM Article 2, Section 2.2 (b) (1)ARI-HETRA $53,735.20 Operations &Maintenance Purchase and Installation of Six (6) MobileColumn Lifts Specification No. S-2021-1230RBASIN VALVECOMPANY $60,000.00 Operations &Maintenance Blanket PO for Gas Compressor PilotOperated Relief Valve Maintenance Program7/1/21 - 6/30/22 with 4 Optional RenewalPeriods Specification No. S-2021-1128COOPERMACHINERYSERVICES LLC $72,614.40 Operations &Maintenance Full Inspection on Refurbished LSVB PowerHeads Board Approved OEM Sole SourceList M.O. 8/23/17, Item 9CORPORATE IMAGEMAINTENANCE INC $70,200.00 Operations &Maintenance Blanket PO to Provide COVID-19Disinfecting Services at Plants 1 & 2 6/14/21- 9/14/21 Sole Source Justification 2450Reason: COVID-19 Related ResponseCORTECHENGINEERING$74,415.75 AdministrativeServices Stock Purchase of Two (2) SEEPEX Rotorsand Stators Board Approved OEM SoleSource List M.O. 12/14/16, Item 12CR&R $90,000.00 Operations &Maintenance Convenience Blanket PO to Provide andDump 40 Yard Trash Dumpsters at Plants 1& 2 7/1/21 - 6/30/22 GM Article 2, Section2.2 (b) (1)DEMARIA ELECTRICMOTOR SERVICES,INC.$51,928.01 Operations &Maintenance Rebuild One (1) Hidrostal SubmersiblePump Motor Board Approved OEM SoleSource List M.O.12/14/16, Item 12ESRI -ENVIRONMENTALSYST RESEARCHINST.$95,400.00 AdministrativeServices Annual PO for ESRI Enterprise AdvantageProgram, including Technical Advisors,Account Planning, & Webcasts 7/1/21 to6/30/22 Board Approved OEM Sole SourceList M.O. 12/14/16, Item 12G/M BUSINESSINTERIORS $51,530.07 Operations &Maintenance Installation of Twenty-Four (24) Workstationswith Lower and Upper Storage at Plant 2County of Orange Contract# RCA-017-18010014, in Accordance with OrdinanceOCSD-52 Section 2.03 (B) CooperativePurchasesGRAYBARELECTRICCOMPANY WALNUTCA $80,000.00 Operations &Maintenance Annual PO for Miscellaneous Electrical Partsand Supplies 7/1/21 - 6/30/22 USCommunities Contract# EV2370, inAccordance with Ordinance OCSD-52Section 2.03 (B) Cooperative PurchasesHOME DEPOT $75,000.00 AdministrativeServices Convenience Blanket PO for MiscellaneousMaterial 7/1/21 to 6/30/22 GM Article 2,Section 2.2 (b) (1)JAMISONENGINEERINGCONTRACTORS INC $90,000.00 Operations &Maintenance Convenience Blanket PO for Urgent Gas,Water and Air Line Repairs at Plants 1 & 27/1/21 to 6/30/22 GM Article 2, Section 2.2(b) (1)KARS' ADVANCEDMATERIALS INC $90,000.00 Operations &Maintenance Blanket PO to Provide Metallurgical &Forensic Engineering Support Services5/1/21 - 4/30/22 Specification No. CS-2021-1221MACIAS GINI &O'CONNELL LLP $87,850.00 AdministrativeServices Blanket PO for Financial Auditing Services7/1/21 - 6/30/22 Sole Source Justification2390 Reason: Unique Product/ServiceMISCO WATER $51,912.00 Operations &Maintenance Purchase of Eight (8) Watson MarlowPeristaltic Metering Pumps Board ApprovedOEM Sole Source List M.O. 12/14/16, Item12MURPHYINDUSTRIALCOATINGS, INC.$81,230.00 Operations &Maintenance Plant 1 Secondary Clarifier 29 CatwalkCoating Repairs (CTO-0104) SpecificationNo. S-2021-1245BDNATIONAL FIREPROTECTIONASSOC $81,000.00 HumanResources NFPA 70E Electrical Safety in the WorkplaceVirtual and Online Training Sole SourceJustification 2451 Reason: UniqueProduct/ServiceO'CONNELLENGINEERING &CONSTRUCTIONINC $90,000.00 Operations &Maintenance Convenience Blanket PO for Urgent Gas,Water and Air Line Repairs at Plants 1 & 25/1/21 to 4/30/23 GM Article 2, Section 2.2(b) (1)ONESOURCEDISTRIBUTORS INC $80,000.00 Operations &Maintenance Convenience Blanket PO for the Purchase ofMiscellaneous Electrical Parts and Supplies7/1/21 to 6/30/22 GM Article 2, Section 2.2(b) (1)PCI $64,580.00 Operations &Maintenance Replace and Install New Gas PipelineSignage at Plants 1 & 2 Specification No. S-2021-1246PMWEB, INC.$83,166.67 AdministrativeServices Support & Maintenance/Hosting for ProjectManagement Information System (J-128)8/1/21 to 7/31/22 Board Approved OEM SoleSource List M.O. 8/28/18, Item 7QUINN POWERSYSTEMS $75,840.00 Operations &Maintenance Headworks and EPSA Generator Load BankTesting at Plant 2 Specification No. S-2021-1239QUINN POWERSYSTEMS $86,400.00 Operations &Maintenance Generator 7 Radiator Replacement at Plant1 Specification No. S-2021-1237RAINBOWDISPOSAL CO., INC.$90,000.00 Operations &Maintenance Convenience Blanket PO for Providing andServicing Three (3) Cubic Yard Dumpsters atPlants 1 & 2 7/1/21 to 6/30/22 GM Article 2,Section 2.2 (b) (1)ROADWAYCONSTRUCTIONSVC (RCS SAFETY)$75,220.00 Operations &Maintenance Blanket PO for On-Call Traffic ControlServices 5/1/21 - 4/30/22 with 4 OptionalRenewal Periods Specification No. S-2021-1228ROCKWELLENGINEERING &EQUIPMENT CO $80,861.86 Operations &Maintenance Purchase of Boerger Pump and AssemblyBoard Approved OEM Sole Source ListM.O. 12/14/16, Item 12SAFETY SHOESERVICES $70,000.00 HumanResources Convenience Blanket PO for On-Site SafetyShoe Services 7/1/21 to 6/30/22 GM Article2, Section 2.2 (b) (1)SNAP ONINDUSTRIAL $55,808.24 Operations &Maintenance Purchase of Custom Automotive BayTechnician Center and Work Bench for FleetServices 7/1/21 - 6/30/22 CA DGS CMASContract# 4-21-03-1026, in Accordance withOrdinance OCSD-52 Section 2.03 (B)Cooperative PurchasesSNF POLYDYNE INC $98,500.00 Operations &Maintenance Blanket PO Bridge Contract for the Purchaseof Anionic Polymer 9/1/21 - 10/31/21 SoleSource Justification 2453 Reason: UntilFormal Bid Procurement is CompletedSOUTHERNCALIFORNIA NEWSGROUP $99,000.00 AdministrativeServices Convenience Blanket PO for Notices,Classified Ads, and Legal Advertising 7/1/21to 6/30/22 GM Article 2, Section 2.2 (b) (1)
TRANSWEST
TRUCK CENTER LLC
$71,697.88 Operations &
Maintenance
Purchase of New 2022 Ford F-650 Truck
with Installed Stake Bed Approved CORF
Budget FY 20/21 Specification No. V-2021-
1226
VWR SCIENTIFIC $67,152.96 Environmental
Services
Purchase of Gas Chromatography System,
Integrated Sulfur Chemiluminescence
Detector, and OpenLab Workstation PC
Bundle NASPO Valuepoint Master
Agreement # MA16000234-2, in Accordance
with Ordinance OCSD-52 Section 2.03 (B)
Cooperative Purchases
Additionally,in accordance with Board purchasing policies,Ordinance OC SAN-56,the General
Manager has authority to approve and execute maintenance and repair Services Task Orders
between $50,000 and $300,000.Below is a summary of General Manager approved maintenance
and repair Services Task Orders,in amounts exceeding $50,000,for the fourth quarter of fiscal year
2020-21:
Vendor Name Amount Department Description/Discussion
J R FILANC
CONSTRUCTION
$259,150.00 Operations &
Maintenance
Headworks for 480V Cable Replacement
at Plant 2 (FR2-0024) Specification No.
TOB-2021-1240 of Master Service
Contract S-2018-942BD-4
WA. RASIC
CONSTRUCTION
CO., INC.
$129,721.34 Operations &
Maintenance
East Lido Force Main Repair (FRC-0008)
Specification No. TOB-2021-1233 of
Master Service Contract S-2018-942BD-7
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
Orange County Sanitation District Printed on 9/22/2021Page 5 of 5
powered by Legistar™
ADMINISTRATION COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1857 Agenda Date:9/29/2021 Agenda Item No:18.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
REIMBURSEMENTS TO BOARD MEMBERS AND STAFF
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file report of reimbursements to Board Members and Staff per Government Code
Section 53065.5 for the period July 1, 2020 through June 30, 2021.
BACKGROUND
Government Code Section 53065.5 requires all Special Districts to disclose any reimbursements paid
by the district within the immediately preceding fiscal year of at least one hundred dollars ($100) or
more for each individual charge for services or product received. The individual charge includes, but
is not limited to, tuition reimbursement; certificate or license reimbursement; or meals, lodging,
transportation, or registration fee reimbursed to any employee or member of the governing body of
the district. The disclosure requirement shall be fulfilled by including the reimbursement information
in a document published or printed at least annually by a date determined by that district and shall be
made available for public inspection. Attached is the report of these reimbursements for the fiscal
year ended June 30, 2021.
RELEVANT STANDARDS
·Government Code Section 53065.5
PRIOR COMMITTEE/BOARD ACTIONS
September 2020 - Annual report of reimbursements per Government Code Section 53065.5 for the
period July 1, 2019 through June 30, 2020.
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 reimbursements per Government Code Section 53065.5 for the period July 1, 2020
through June 30, 2021
Orange County Sanitation District Printed on 9/22/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Reimbursements to Board Members and Staff - July 1, 2020 through June 30, 2021
Div. Emp # Name Title Amount Description
610 133276 Abushaban, Randa Regulatory Specialist 150.00 Certification Reimbursement
770 673555 Acayan, Antonio Engineer 115.00 Certification Reimbursement
740 681782 Ahn, Scott S. Engineer 755.00 Certification Reimbursement
820 34606 Ambriz, Jose Juan Environmental Technician 101.00 Certification Reimbursement
870 515477 Amin, Anantkumar R. Electrical Technician II 657.00 Certification Reimbursement
830 676289 Anagnostou, Asterios K. Plant Operator 170.00 Certification Reimbursement
820 111587 Andrade, David Lead Mechanic 101.00 Certification Reimbursement
840 688407 Arce, Aaron Plant Operator 295.00 Certification Reimbursement
840 9030 Barrett, Michael J. Operations Supervisor 150.00 Certification Reimbursement
830 9128 Basrai, Shabbir S. Senior Engineer 180.00 Certification Reimbursement
880 688538 Bedard, Brian C. Senior Mechanic 210.00 Certification Reimbursement
830 674507 Beutler, Brett L. Senior Plant Operator 255.00 Certification Reimbursement
822 511556 Biedermann, Jason C. Mobile Crane Operator 134.50 Certification Reimbursement
770 7528 Bingman, Brian Engineering Supervisor 115.00 Certification Reimbursement
840 334537 Bradley Jr., Jon O. Chief Plant Operator 150.00 Certification Reimbursement
870 431708 Brandt, Robert D. Reliability Maintenance Technician 685.00 Certification Reimbursement
750 663533 Brown, Andrew P. Senior Engineer 180.00 Certification Reimbursement
830 9110 Brown, Jeffrey Senior Engineer 405.00 Certification Reimbursement
820 164718 Cabral, James Maintenance Supervisor 106.00 Certification Reimbursement
820 79935 Cassidy, William D. Engineering Supervisor 203.00 Certification Reimbursement
830 345148 Castro, Ernesto Operations Supervisor 150.00 Certification Reimbursement
830 514087 Chang, Esther H. Lead Plant Operator 110.00 Certification Reimbursement
820 8766 Cheffs, Peter Lead Mechanic 289.00 Certification Reimbursement
770 584616 Coghill, Adam D. Senior Engineer 116.00 Certification Reimbursement
840 549765 Cole, Christopher H. Plant Operator 170.00 Certification Reimbursement
830 8109 Cortez, Ronald C. Operations Supervisor 150.00 Certification Reimbursement
630 485124 Coss, Ronald J.nvironmental Laboratory & Operations Manage 225.00 Certification Reimbursement
220 166123 Crafton, Ann M. Principal Staff Analyst 104.00 Certification Reimbursement
830 116759 Criscuolo, Keith W. Senior Plant Operator 150.00 Certification Reimbursement
760 662400 Cutler, Donald W. Engineering Supervisor 115.00 Certification Reimbursement
750 150981 Dalgoff, Jacob Senior Engineer 115.00 Certification Reimbursement
880 275039 Deas, Dion Maintenance Supervisor 210.00 Certification Reimbursement
630 670258 Diaz, Absalon H. Environmental Specialist 312.08 Certification Reimbursement
750 113953 Dix, Martin A. Engineering Supervisor 116.00 Certification Reimbursement
760 417130 Dorman, Michael T. Engineering Manager 115.00 Certification Reimbursement
830 635743 Downer, Sid M. Lead Plant Operator 255.00 Certification Reimbursement
630 669581 Dudek, Marta A. Senior Environmental Specialist 363.78 Certification Reimbursement
870 685530 Duffert, Dominic D. Maintenance Specialist 120.00 Certification Reimbursement
620 681256 Escobar, Kevin A. Source Control Inspector II 219.35 Certification Reimbursement
870 293819 Escobar, Santiago A. Associate Engineer 135.00 Certification Reimbursement
760 573221 Fernandez, Birger L. Engineer 326.00 Certification Reimbursement
770 697653 Forrest, Christopher Construction Inspector 163.00 Certification Reimbursement
161 681088 Frattali, John M. Safety & Health Supervisor 770.00 Certification Reimbursement
870 675201 Freeman, Jesse M. Maintenance Specialist 231.00 Certification Reimbursement
820 672392 Fuchs, Shannon D. Senior Mechanic 306.00 Certification Reimbursement
820 681248 Garcia, Manuel E. Mechanic 141.13 Certification Reimbursement
880 678575 Gass, Beck T. Maintenance Supervisor 104.00 Certification Reimbursement
770 497900 Gilbert, William L. Construction Inspection Supervisor 185.00 Certification Reimbursement
Page 1 of 5
Prepared By: Lisa Henshaw
8/31/2021
Orange County Sanitation District
Reimbursements to Board Members and Staff - July 1, 2020 through June 30, 2021
Div. Emp # Name Title Amount Description
770 668772 Goldsmith, Matthew G. Senior Construction Inspector 115.00 Certification Reimbursement
870 674689 Gonzales, Jed C. Maintenance Superintendent 250.00 Certification Reimbursement
880 679041 Gonzalez, Victor Lead Mechanic 135.00 Certification Reimbursement
820 294491 Grande, Steve Lead Mechanic 101.00 Certification Reimbursement
750 671277 Grant, Thomas E. Senior Engineer 115.00 Certification Reimbursement
840 495218 Green, Scott A. Senior Plant Operator 445.00 Certification Reimbursement
620 688790 Gregory, Ryan G. Source Control Inspector I 180.00 Certification Reimbursement
740 5023 Hetherington, Michelle R. Senior Engineer 340.00 Certification Reimbursement
630 693134 Hirsch, Matthew D. Environmental Specialist 200.00 Certification Reimbursement
830 5028 Hoang, Tyler T. Lead Plant Operator 150.00 Certification Reimbursement
760 685337 Horn, Curtis R. Engineer 115.00 Certification Reimbursement
220 172486 Hsiao, Lina Accounting Supervisor 250.00 Certification Reimbursement
161 683948 Huynh, Brian Senior Safety & Health Representative 170.00 Certification Reimbursement
820 298273 Jaime, Aurelio Senior Mechanic 106.00 Certification Reimbursement
750 121355 Khublall, Hardat S. Senior Engineer 225.00 Certification Reimbursement
630 670936 Kiang, Yen-Po Senior Environmental Specialist 310.08 Certification Reimbursement
760 681555 Kleine, Marianne J. Engineering Supervisor 180.00 Certification Reimbursement
160 131983 Klinger, Laurie J. Senior Human Resources Analyst 200.00 Certification Reimbursement
820 650530 Kottke, Bradly Mechanic 190.00 Certification Reimbursement
770 671488 Lam, Thomas J. Senior Engineer 180.00 Certification Reimbursement
880 307774 Lambertz, Marcus G. Maintenance Supervisor 246.00 Certification Reimbursement
840 664691 Lay, Jonathan M. Plant Operator 150.00 Certification Reimbursement
770 667614 Leak, Anthony D. Senior Construction Inspector 264.00 Certification Reimbursement
750 592237 Leon, Richard N. Senior Engineer 116.00 Certification Reimbursement
880 370845 Ly, Giang T. Instrumentation Technician II 101.00 Certification Reimbursement
830 487621 Markus, Stephen M. Operations Supervisor 150.00 Certification Reimbursement
160 2033 Martinez, Denise M. Principal Human Resources Analyst 219.00 Certification Reimbursement
840 664405 McDonald, James E. Plant Operator 150.00 Certification Reimbursement
840 528825 Melby, Mark Operations Supervisor 150.00 Certification Reimbursement
870 124661 Moinuddin, Riaz K. Engineering Manager 115.00 Certification Reimbursement
840 4056 Moline, William M. Operations Supervisor 150.00 Certification Reimbursement
770 664843 Moore, Brad A. Senior Engineer 115.00 Certification Reimbursement
840 690056 Moore, Paul Plant Operator 125.00 Certification Reimbursement
840 4064 Murphy, Tracey L. Lead Plant Operator 150.00 Certification Reimbursement
750 671891 Namini, Shahrzad F. Senior Engineer 180.00 Certification Reimbursement
740 4501 Nazaroff, Adam A. Engineering Supervisor 116.00 Certification Reimbursement
870 325956 Newsom, Adam P. Reliability Maintenance Technician 275.00 Certification Reimbursement
870 673117 Ng, Henry Instrumentation Technician II 182.00 Certification Reimbursement
760 4008 Nguyen, Huan-Hoang Senior Engineer 180.00 Certification Reimbursement
880 675770 Nguyen, Paul H. Electrical Technician I 296.00 Certification Reimbursement
160 647154 Nguyen, Tiffany H. Senior Human Resources Analyst 169.00 Certification Reimbursement
870 4012 Nguyen, Trung T. Reliability Maintenance Technician 135.00 Certification Reimbursement
870 588318 Oberly, Michael A. Maintenance Specialist 197.00 Certification Reimbursement
870 686233 Ortiz, Andrew D. Senior Mechanic 180.00 Certification Reimbursement
840 684051 Oruna, Michael A. Plant Operator 120.00 Certification Reimbursement
870 280145 Oswald, Nicholas Maintenance Supervisor 104.00 Certification Reimbursement
880 168381 Padilla, Gilbert Senior Mechanic 231.00 Certification Reimbursement
250 662063 Paik, Sang Principal Information Technology Analyst 232.23 Certification Reimbursement
Page 2 of 5
Prepared By: Lisa Henshaw
8/31/2021
Orange County Sanitation District
Reimbursements to Board Members and Staff - July 1, 2020 through June 30, 2021
Div. Emp # Name Title Amount Description
770 609191 Palazuelos, Raul R. Construction Inspector 475.00 Certification Reimbursement
830 684086 Paredes, Paul Plant Operator 105.00 Certification Reimbursement
250 165315 Patel, Samir Senior Information Technology Analyst 127.00 Certification Reimbursement
870 693628 Peek, Kevin Senior Mechanic 300.00 Certification Reimbursement
750 277093 Pilko, Victoria Construction in Progress Project Manager 225.00 Certification Reimbursement
620 667956 Powell, Jonathon E. Source Control Supervisor 197.00 Certification Reimbursement
750 675673 Radvar, Giti Senior Engineer 180.00 Certification Reimbursement
870 678250 Raiford, Ryan M. Lead Instrumentation Technician 300.00 Certification Reimbursement
840 648069 Ramirez Jr., Javier Plant Operator 150.00 Certification Reimbursement
840 119255 Rathert, Kurt M. Plant Operator 150.00 Certification Reimbursement
820 3558 Reed, Brian K. Principal Environmental Specialist 188.00 Certification Reimbursement
880 109751 Reynolds, Roy J. Maintenance Supervisor 220.00 Certification Reimbursement
840 255775 Rocha, Milton Lead Plant Operator 150.00 Certification Reimbursement
750 4077 Rodriguez, David Engineer 106.00 Certification Reimbursement
820 107553 Savedra, Ernest R. Lead Mechanic 220.00 Certification Reimbursement
820 118033 Schuler, Darren J. Senior Mechanic 151.13 Certification Reimbursement
880 501059 Schuler, Kevin A. Maintenance Superintendent 210.00 Certification Reimbursement
830 674494 Siddiqui, Shaun A. Senior Plant Operator 320.00 Certification Reimbursement
830 672843 Sobhani, Reza Engineer 1,824.93 Certification Reimbursement
620 5038 Sohanaki, Roya Engineering Manager 115.00 Certification Reimbursement
820 497512 Solis, Robert C. Senior Mechanic 200.00 Certification Reimbursement
760 34711 Steiger, Frank R. Engineering Supervisor 115.00 Certification Reimbursement
820 336276 Stokes, Don F. Maintenance Manager 212.00 Certification Reimbursement
161 680659 Stone, Jereme J. Safety & Health Specialist 2,262.00 Certification Reimbursement
820 253649 Stratmoen, Erik D. Lead Mechanic 104.00 Certification Reimbursement
870 132530 Tafolla, Brian J. Reliability Maintenance Technician 375.00 Certification Reimbursement
840 679682 Tao, Jacqueline Senior Plant Operator 110.00 Certification Reimbursement
740 668810 Terrell, Brian D. Engineer 465.00 Certification Reimbursement
710 2547 Thompson, Robert C. Assistant General Manager 180.00 Certification Reimbursement
840 295347 Tjen, Kwen T. Plant Operator 150.00 Certification Reimbursement
820 664755 Togia, Liamatua M. Senior Mechanic 149.00 Certification Reimbursement
840 682961 Tran, Tim K. Plant Operator 150.00 Certification Reimbursement
822 477693 Villalobos, Ginetto Lead Mechanic 634.50 Certification Reimbursement
760 678971 Wable, Milind V. Senior Engineer 225.00 Certification Reimbursement
870 661491 Walker, Christopher B. Senior Mechanic 182.00 Certification Reimbursement
840 659825 Wheatley, Christopher R. Senior Plant Operator 445.00 Certification Reimbursement
840 388949 White, Allen J. Senior Plant Operator 150.00 Certification Reimbursement
840 8731 Woodward, Jeff W. Operations Supervisor 150.00 Certification Reimbursement
620 90413 Yager, David M. Source Control Inspector II 187.00 Certification Reimbursement
870 652295 Yamout, Mazen Maintenance Supervisor 225.00 Certification Reimbursement
740 351409 Yin, Shuang Senior Engineer 225.00 Certification Reimbursement
740 573247 Yong, Eros Engineering Manager 340.00 Certification Reimbursement
620 8230 Zedek, Michael I. Senior Engineer 115.00 Certification Reimbursement
230 689830 Zintzun, Ruth C. Purchasing & Contracts Manager 1,547.80 Certification Reimbursement
Page 3 of 5
Prepared By: Lisa Henshaw
8/31/2021
Orange County Sanitation District
Reimbursements to Board Members and Staff - July 1, 2020 through June 30, 2021
Div. Emp # Name Title Amount Description
620 85690 Canen, Darrin L. Source Control Inspector I 192.00 Membership Renewal
630 485124 Coss, Ronald J.nvironmental Laboratory & Operations Manage 225.00 Membership Renewal
760 288075 DaSilva, Andy Engineer 332.00 Membership Renewal
630 96903 Diaz, Arturo Principal Environmental Specialist 192.00 Membership Renewal
760 573221 Fernandez, Birger L. Engineer 192.00 Membership Renewal
620 683796 Finkelstein, Brian P. Engineer 192.00 Membership Renewal
770 497900 Gilbert, William L. Construction Inspection Supervisor 105.00 Membership Renewal
770 668772 Goldsmith, Matthew G. Senior Construction Inspector 150.00 Membership Renewal
620 2049 McKinley, Lorinda Principal Environmental Specialist 160.00 Membership Renewal
620 2049 McKinley, Lorinda Principal Environmental Specialist 225.00 Membership Renewal
750 574944 Mohr, Jeffrey D. Engineering Manager 129.00 Membership Renewal
750 574944 Mohr, Jeffrey D. Engineering Manager 332.00 Membership Renewal
870 124661 Moinuddin, Riaz K. Engineering Manager 206.00 Membership Renewal
750 671891 Namini, Shahrzad F. Senior Engineer 175.00 Membership Renewal
770 679316 Oseguera, Vincent Engineer 300.00 Membership Renewal
770 609191 Palazuelos, Raul R. Construction Inspector 475.00 Membership Renewal
750 675673 Radvar, Giti Senior Engineer 139.00 Membership Renewal
630 682785 Raya, Paul A. Environmental Technician 192.00 Membership Renewal
750 4077 Rodriguez, David Engineer 192.00 Membership Renewal
750 351425 Speakman, Steven R. Senior Engineer 174.00 Membership Renewal
820 336276 Stokes, Don F. Maintenance Manager 192.00 Membership Renewal
820 336276 Stokes, Don F. Maintenance Manager 460.00 Membership Renewal
770 676254 Suchor, Glenn W. Senior Construction Inspector 115.00 Membership Renewal
760 678971 Wable, Milind V. Senior Engineer 332.00 Membership Renewal
770 569686 Whitney, Robert M. Senior Construction Inspector 115.00 Membership Renewal
610 133276 Abushaban, Randa Regulatory Specialist 5,469.00 Tuition Reimbursement
620 694444 Baugher, Brittany M. Source Control Inspector I 1,695.00 Tuition Reimbursement
250 648819 Calvo, Reed Data Management Technician I 3,290.33 Tuition Reimbursement
870 528841 Coronel, Robbie A. Maintenance Specialist 883.75 Tuition Reimbursement
250 654573 Crow, Chad C. Senior Information Technology Analyst 6,758.76 Tuition Reimbursement
830 648421 Frost, April Operations Supervisor 1,826.99 Tuition Reimbursement
160 680481 Gillon, Camille E. Human Resources Analyst 4,473.00 Tuition Reimbursement
630 653757 Gomez, Charmayne B. Administrative Assistant 682.11 Tuition Reimbursement
760 673601 Harris, Sterling W. Senior Engineer 3,177.69 Tuition Reimbursement
870 675251 Hernandez, Angel J. Lead Instrumentation Technician 220.75 Tuition Reimbursement
630 693134 Hirsch, Matthew D. Environmental Specialist 775.85 Tuition Reimbursement
620 682267 Kaur, Kiranpreet Engineer 1,500.00 Tuition Reimbursement
220 684457 Matthews, Enisha C. Accounting Assistant II 4,686.03 Tuition Reimbursement
620 690515 Melendez, Isabel Program Assistant 2,637.12 Tuition Reimbursement
620 689936 Pennington, Melody L. Environmental Technician 2,440.00 Tuition Reimbursement
760 669484 Ramos, Gloria Administrative Assistant 1,890.58 Tuition Reimbursement
630 684959 Rodriguez, Jesus J. Environmental Specialist 2,920.12 Tuition Reimbursement
830 674494 Siddiqui, Shaun A. Senior Plant Operator 164.53 Tuition Reimbursement
620 8230 Zedek, Michael I. Senior Engineer 2,885.12 Tuition Reimbursement
Page 4 of 5
Prepared By: Lisa Henshaw
8/31/2021
Orange County Sanitation District
Reimbursements to Board Members and Staff - July 1, 2020 through June 30, 2021
Div. Emp # Name Title Amount Description
Duration
620 690435 Smith, Matthew B. Engineer 245.00 AEHS Virtual Conference 10/19 - 10/23/20
140 177501 Schiefelbein, Cheryl Administrative Assistant 240.00 Business Reply Mail Permit
630 653757 Gomez, Charmayne B. Administrative Assistant 1,425.00 CASQA Virtual Conference Registration for 3 FTEs 9/15 - 9/16/20
770 569686 Whitney, Robert M. Senior Construction Inspector 150.00 Electrical Updates Training
630 417172 Ferraro, Benjamin J. Sr Environmental Specialist 260.99 Lab Equipment
750 121355 Khublall, Hardat S. Senior Engineer 164.00 License Renewal
750 4077 Rodriguez, David Engineer 116.00 License Renewal
620 673256 Daniel, Jason A. Engineer 199.00 NACWA Virtual Event 5/17 - 5/20/21
750 121355 Khublall, Hardat S. Senior Engineer 300.00 NASTT Training - Webinar 12/8 - 12/9/20
770 667614 Leak, Anthony D. Senior Construction Inspector 160.00 Security Camera & Residential Wiring Training
710 2547 Thompson, Robert C. Assistant General Manager 356.18 Site Visit- Water Oxidation 5/19 - 5/21/21
822 477693 Villalobos, Ginetto Lead Mechanic 155.10 Smog Check Fees - 3 Vehicles
820 164718 Cabral, James Maintenance Supervisor 350.00 SMRP Virtual conference 10/18 - 10/23/20
820 336276 Stokes, Don F. Maintenance Manager 250.00 SMRP Virtual conference 10/18 - 10/23/20
830 2015 Ferry, Cynthia L. Administrative Assistant 103.36 Supplies Reimbursement
830 2015 Ferry, Cynthia L. Administrative Assistant 126.62 Supplies Reimbursement
830 2015 Ferry, Cynthia L. Administrative Assistant 150.65 Supplies Reimbursement
830 2015 Ferry, Cynthia L. Administrative Assistant 211.52 Supplies Reimbursement
230 689830 Zintzun, Ruth C. Purchasing & Contracts Manager 537.30 Supplies Reimbursement
760 662400 Cutler, Donald W. Engineering Supervisor 399.00 Virtual WEFTEC Event 10/5 - 10/9/20
760 678971 Wable, Milind V. Senior Engineer 299.00 Virtual WEFTEC Event 10/5 - 10/9/20
740 698541 Edwards, Troy J. Engineer 129.00 WEF Collection Virtual Event 3/23 - 3/25/21
94,448.96
Sources: Reimbursement Data from JDE
Tuition and Certification Data from Payroll
Page 5 of 5
Prepared By: Lisa Henshaw
8/31/2021
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1863 Agenda Date:9/29/2021 Agenda Item No:19.
FROM:James D. Herberg, General Manager
SUBJECT:
PUBLIC AFFAIRS UPDATE FOR THE MONTHS OF JULY AND AUGUST 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Public Affairs Update for the months of July and August 2021.
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 9/22/2021Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1863 Agenda Date:9/29/2021 Agenda Item No:19.
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 MONTHS OF JULY AND AUGUST 2021
Outreach Report
An outreach report that includes tours,website postings,social media postings,construction
notifications, speaker 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 the
Plant 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 five virtual tours
reaching 61 people.
Presentations
We had three speaking engagements during this reporting period.Staff participated in the California
Water Environmental Association Women in Water,and presentations were made to the Cypress City
Council and the Los Alamitos City Council on the upcoming construction of the Western Orange and
Los Alamitos Trunk Sewer Projects.
Plant Nos. 1 and 2 Newsletters
As part of the ongoing outreach efforts to keep our neighbors informed and engaged,the summer
issue of the Neighborhood Connection Newsletter was distributed to residents around Plant Nos.1
and 2.The newsletters include updates on the ongoing construction of the Groundwater
Replenishment System Final Expansion project,the new permitter wall,heal the bay report card,and
more. The current and previous issues are available on our website at www.ocsan.gov/construction.
Construction Outreach Efforts
Outreach has started for the upcoming Los Alamitos Trunk Sewer Project which will take place in Los
Alamitos,Seal Beach,and Cypress.As part of our efforts to keep the community informed,
notifications have been distributed to encourage the public to sign up for text and email alerts and to
frequent our website for project updates.Project details can be found at
www.ocsan.gov/LosAlamitos.
Awards
Organizational Excellence from CASA
OC San’s Asset Management Program won the California Association of Sanitation Agencies (CASA)
Organizational Excellence-Large Agency award.Winners were announced at the CASA Conference
on August 12.OC San’s Asset Management Program was recognized for its thoroughness,
efficiency, and in-house development that has created an example for others to follow.
Orange County Sanitation District Printed on 9/22/2021Page 2 of 3
powered by Legistar™
File #:2021-1863 Agenda Date:9/29/2021 Agenda Item No:19.
National Procurement Award
OC San received the National Procurement Award from the National Procurement Institute.OC San
is one of only 182 agencies in the US and Canada,and one of only 36 special districts to receive this
award.
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 - July and August 2021
·Presentation
Orange County Sanitation District Printed on 9/22/2021Page 3 of 3
powered by Legistar™
Outreach and Media
Summary
July- August 2021
O C SAN P u b l i c A f f a i r s O f f i c e
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
Table of Contents
OUTREACH REPORT…………………………………………………………PAGE 1
FACEBOOK POSTINGS ……………………………………………...............PAGE 2 TWITTER POSTINGS …………………………………………………………PAGE 8
INSTAGRAM POSTINGS………………………………………………………PAGE 10
LINKEDIN POSTINGS………………………………………………………....PAGE 12
NEWS ARTICLES……………………………………………………………………………. PAGE 16
Outreach Report July and August 2021
Date Tours Attendees Tour Guide
07/20/2021 Cal State Long Beach Nursing 15 Mike Zedek
07/21/2021 Cal State Long Beach Nursing 20 Cortney Light
07/22/2021 Cal State Fullerton Nursing 14 Cortney Light
07/22/2021 Grand Jury Tour 6 Jim Herberg/ Rob Thompson
07/27/2021 Grand Jury Tour 6 Jim Herberg/ Rob
Thompson
Date Speaking Engagements/Events Attendees Presenter
07/12/2021 Cypress City Council Meeting 10 Jeff Mohr
08/16/2021 Los Alamitos City Council Meeting 15 Kathy Millea
08/30/2021 CWEA Women in Water 100* Violet Renick
*These events have not occurred at time
of this report, therefore # of attendees is
estimated.
Project Area Construction Outreach Notifications # of People
Reached
Website Posts and
Text Alerts
Anaheim Project Update – 2 printed notices 2,000 2 website posts / 3 text & email alerts Los Alamitos/ Seal Beach 1 printed notice 18,000
Fountain Valley Newsletter and project update 3,850 1 website post
Huntington Beach Newsletter 1,400
Westminster Project Update 300 2 website posts / 2 text alerts
External
Communications Distribution # of People
Reached
5 Minutes Per Month 2 434
Board Member Talking Points 2 100
Website Posts 15 posts 172 views
Facebook 35 posts 4.9k reached
Twitter 27 tweets 19.4 reached
Instagram 28 posts 5k likes
LinkedIn 7 posts 5.3k reached
Facebook Posts
July-August 2021 I
Page Summary Last 28 days ~ Export Data ,{l
Resulls from Jul 8, 2021 -Aug 4, 20ll
Note: Does not 1ncll1de today's data. Insights acllvity 1s reponed m the Pacific ume zone. Ads acuv1ty is reponed m the
lime zone or your ad account.
• Organic • Paid
Actions on Page
July 8 -Augus1 4
•
We have 1nsuftu;:1en1 data to show for the
selecIed tome period
Post Reach
July 8 August 4
1A74
People Reached "'20%
Post Engagement
July 8 August 4
394
PosI Engagement "'75%
Page Views
July 8 -August 4
102
Tolal Page Views "'74%
Story Reach
July 8 AugusI 4
Get Story Insights
See slats on how your Page's recenl
stones have performed
liiii:·Hil
Videos
July 8 August 4
271
3-Second Video Views "' 85%
Page Likes
July 8 -August 4
1
Page Likes "'88%
_____ A.____
Recommendations
July 8 August 4
•
We have msuffictent data 10 show for the
selected time period.
Page Followers
July 8 August 4
2
Page Followers "'80%
_M~
I
Page Summary Last 28 days ~ Export Data &
Results rom Jul 27, 2021 • Aug 23, 2021
Note Does not include today's data. Insights activity Is reported m the Pac1r,c time zone. Ads acuv,ty Is reported ,n the
lime tone or your ad account.
• Organic • Paid
Actions on Page
July 27 • August 23
••• I•••• ••••
We have insufficient data to show for the
selected time per1od,
Post Reach
July 27 · August 23
1,368
People Reac ed .A.28%
Post Engagement
July 27 August 23
294
Post Engagement• 5%
Page Vlews
July 27 August 23
81
Total Page v,ews "'3%
Story Reach
July 27 • August 23
Gel Story Insights
See stats on how your Page's recent
storJes have performe<l.
F·H:·Hii
Videos
July 27 August 23
370
3-Second Video Views .... 83%
Page Likes
July 27 -August 23
1
Page Likes "' 0%
_ ______.A_
Recommendations
July 27 • August 23
••• • ••• ••••
We have 1nsuff1cren1 data to show for the
selected time perJod
Page Followers
July 27 August 23
3
Page Followers .... 50%
Graphs of Page Likes, Post Reach and Total Views for July- August 2021
Total Page Likes: 990
Tola! Page Like~
Page Likes
The number of organic Page likes. paid Page hkes and unhkes.
• Unlikes Orgc1nic Likes • P.1id Likes
'
Post Reach
The number of people who saw any of your posts at least once. This metric is estimated.
Gii&NF
BENCHMARK
Compa,e your average
µedormHm::e ov1:H 11111tl'.
ToI11I PRqP I 1kP.s
G&i@ih
BENCHMARK
Cr_HllJJcue your tW~rtlCJf-1
pcrformuncc over ume.
Unhkei:;
Orgarnc Like~
PRlri I lkP.S ,
WANT MORE LIKES?
Create an ad to get more
pP.oplff 10 l1k@ your PRgPJ. ;;;.,;;;.;;;;;:;
DWEii
Organic • Paid BENCHMARK
Compare your average
pertormance over time.
Organic
Paid
100
0
Total Views By Section
Total Views
13
0
Jul 2 Jul 5 Jul 9 Jul 13 Jul 16 Jul 20 Jul 24 Jul 27 Jul 31 Aug 4
Published Post Type Targeting Reach Engagement
08/19/2021 The Steering Committe Meeting (5 $ "' 44 I 0 I
11.21 AM pm) and Board of Directors Meeting 2 I
08/19/2021 The Results are In! California •Ill 114 • 19 -9:23AM Association of Sanitation Agencies 13 -
08/17/2021 As part of our infrastructure r• 107 I 3 I
8:19AM improvement efforts exploratory work 3 I
08/15/2021 An OC San Virtual Tour is coming up •Ill 65 I 3 I
9:00AM on Wednesday, August 25 at 2 pm. 3 I
08/13/2021 Its #FridayThe13th and something r• 118 • 0 I
2:02 PM that scares us is seeing 4 I
08/11/2021 Clean Water is the best water. When •Ill 96 I 6 • 9:00AM water leaves your house from the 5 •
08/09/2021 Ever wondered what a sunrise at OC r• 126 • 1 I
9:00AM San looks like? No worries, we'll 6 •
08/07/2021 We love coffee more than we'd like to r• 235 -22 -9:00AM ---admit. Wondering what you should do 7 •
Published Post Type Targeting Reach Engagement
08/05/2021 d Be part of the solution. With 0 I 0
9.00AM -~ #WaterQualityMonth here, we •• 44 3 0
08/03/2021 How do you keep a sewer system ra 221 -10 I
3:48 PM working in tip-top shape? You 12 •
08/03/2021 The spotlight on wastewater. ro 100 • 4
9:00AM Recently senators proposed 2
08/01/2021 Today is National Sister Day and ... 142 • 4 I
10:18AM what better way to celebrate than 12 •
07/30/2021 Construction Alert for ro 221 -5 I
1.59 PM @city_of_anaheim-State College 7 I
07/29/2021 We learn as much from our interns as ra 211 -7 I
9:03AM they learn from us. #lnternDay is here 11 •
Will selfies go out of style? We don't -07/27/2021 ro 362 32
2:06 PM think so. Especially when it's of an 30 -
07/25/2021 ~;::,;"=":". What do you do to keep the beaches ra 130 • 1 I
9:00AM ' clean? At oc San we monitor the 8 I
07/23/2021 Let's throw it back to OC Fair in the ro 221 1111 7 I
9:00AM 90s! OC San used to join the 18 •
07/22/2021 ~ This might not be your everyday ... 92 I 5 I
4:00 PM conversation but OC San #pottytalk is 6 I
07/22/2021 Don't forget to join us on Wednesday, 6 76 I 1
3:28 PM July 28 for the Steering Committee 2
07/19/2021 Maybe it's time for a change? OC ra 106 • 2
11:07AM San has openings that may be that 2
07/17/2021 #SharkWeek is coming to an end but ra 178 -0 I
9:00AM we couldn't let it pass without giving 9 I
07/16/2021 ' OC San successfully sold $134 • 5 I
9:03AM million of Wastewater Refunding ro 157 7 I
07/15/2021 Being recognized two times is better •• 109 • 7 I
11:24AM than one. NACWA recognized OC 10 I
07/14/2021 Where's Wanda? She's working hard ro 326 -75
9:41 AM in the middle of our treatment plant. 17 •
07/12/2021 • Join is this Wednesday, July 14 at 5 6 75 I 0
9:01AM pm for the Administration Committee 2
07/12/2021 Summertime is a great time to grill. ro 187 Ill 7 I
9:00AM But cleanup time is not so great, 12 •
07/10/2021 An oc San Team Member Snagged ra 181 -1 I
9:00AM '! the Pumps & Systems Front Cover 8 I
07/08/2021 It doesn't get better than a 'AAA.' OC IEJ 104 • 3 I
9:00AM San receives highest credit rating 8 I
07/07/2021 :) Five years later and OC San is back IEJ 100 • 3
900AM at it again gaining the National 4
07/06/2021 As we start #CleanBeachesWeek IEJ 178 -7 I
9:00AM let's remember that it is all of our 11 I
07/06/2021 The Legislative and Public Affairs 74 I 1
7:41 AM Meeting is happening next week on 1
07/04/2021 Happy #4thofJuly . Today we IEJ 96 • 0
9:00AM celebrate our Nation's Independence 2
07/02/2021 • The OC San administrative offices IEJ 73 I 0
11:12AM will be closed on Monday, July 5 in 1
07/01/2021 • Join us for our Operations Committee $ 64 I 1
12:16 PM Meeting next week on Wednesday, 1
06/30/2021 As if we didn't already know. The IEJ 139 • 3
9:20AM L-annual Heal The Bay Report Card is 4
06/29/2021 Construction Alert for r• 114 • 9 I
11:27 AM @city _of_anaheim -over the next 3 I
06/28/2021 ;,J OC San is all about protecting public •• 6 I
9:00AM :.21 health and the environment. 76 6 I
06/27/2021 .. FOG goes in the trash! Our video •• 119 • 6 I
9:00AM contest winner, Aminah, knows that. 10 I
Twitter Posts
July- August 2021 I
"JI Analytics HOO'M! Tw:eets More v
Orange County Sanitation District "oc~w111ct
28 day summary with change eve, pre\llOU~ pet'lod
Twr•r1o;; Twl•r1S11r,r-.r..n~
14 +?6.3% 7,599 +50.3%
Aug 2021 • :,:> tl,"IYf. •,o IM
lWLLI 111(..,!IUU•ll'.ll
Top Tweet ea.med G31 1mpresa1ons
Ever wondered what a sunrise at OC San
looks like? No worries, we'll show you.
Leave us a comment tellling us about your
favorite sunrise spot.
pic.twitter.com/satHliv54O
View Tweet aetlvlly View alt Twoet aet,vicy
Top Follower ro11owu<111y 46 people
Alexandra Davenport
,tt,AJexm10avenport F"ou.ows vou
ila)Chitf)IHfllllU ~.,urlenr, IOffllt.."( @oci::umon ff'l)()tl~I,
i!.l)volcnoroc t,1.t1cl.-,:n1 mt:>(ha
Prnfllf.~1-.
364 +l-1.6% 4 +?0.0%
Top mention eamed !i afl1:jagemenl5
#VXNews Summer Preview.
@ OCSanDisttiet New Board Chair John
Wuhers; HR:&A LA's Andrea Batista
Schlesinger: @ AltaSeaOrg's
@limmcosker & @PortofLA's Mike Galvin
Read on: ma1lch1.mp/verd@xchange/v. __
plc.twltter.com/93Pc6meZBO
•• ""h ~• ,. \, .... ~ .... -u.~• -1.•-.... -\\ .. ._ ... , .. .-,_,..,,., iii~~ ---"'--•--
~£00
View Tweet
Top media Tweet ,n1rnml 5211mprttSSIOflS
As part of our infrastructure improvement
efforts exploratory work will be done on
Denni St, Moody St, O range Ave. anr1
Bloomfield S1 In the cities ot Cypress. Los
Alamitos and La Palma as part of a futun~
proJect. Work will take place over the next 2
weeks from 9 am -3:30pm.
pic.twltter.com/3ubjGphR0e
---·.:--:·• ~-~.
PREPARING FOR INFRASTRUCTURE
IMPROVEMENTS
..,l •.1
View Tweet activity View nll Tweel ac:tMly
oc sewers v ..-v s,,on .. p f,u Tw.it.-., Ai.I.,,
rnJJl'IW{'r•.
1,7 20 1'7
Get your 'Tweets in front of
more people
Promote(! TweP,t.,": ,tH'ld coment opP.n up your
rP.3Ch on Tw111er to mOfe 1,eop1e.
85\lhP.M
AtJI.""; ;,,nn C:IJMMARV
11 5 ,127
113 4
4
I
Jul 2021 • 31 days
TWEET HIGHLIGHTS
Top Tweet earned 1,112 impressions
Will selfies go out of style? We don't think
so. Especially when it's of an OC San team
member showing off what he wears to keep
himself and others safe. A virtual high five to
this member of our maintenance team.
#OCSanFamily
p,c.twitter.com/1HwTb8xFgV
t.."12 •
View Tweet activity View all Tweet activity
Top Follower followed by 1,496 people
Brandon
@Br ridonCcl.lJdl FOi.LOWS YOU
Parent. Veteran. Pseudo-Techie. Recovering Floridian.
t:MaskPlusVax
Vtewprofi~
Top mention earned 14 engagements
CWEA
C"A.EA .__cw,a 22
weather looks perfect for a paddle out into
Orange County's Back Bay. A nice shot for
#swimmableCA, thanks to the 10,000
CWEA members across CA on the front
lines protecting #cleanwater. Photos by
Earle K from @OCSanDistrict, entries in
our #WatersWorthlt photo contest.
pic.twitter.com/d3Z3PUHvSg
--
~-=-~~
~--
ViewTwee1
Top media Tweet earned 1,141 impressions
Being recognized two times is better than
one. NACWA recognized OC Son with the
Platinum Peak Performance Award and the
Gold Recognition in Excellence
Management. To learn more visit ocsan.gov
@NACWA pic.twitter.com/slSWgSixLE
t.•.1 .,
View Tweet activity View all Tweet activity
JUL 2021 SUMMARY
Tweet nnpresSJOns
19 14.8K
580 5
6
Instagram Posts
July- August 2021 I
ocsandistrict ~-~ 0
()l;.~01~
lhe0(;.$f!l'i1'll,l(ll"'0~9,-.'!; .. ~~"'-'"~.lnd•~,C.
tpr;:J'Ql<,e ,.,.01"1~•oen1r..i1il!l()fft>Qlflo,Qe~ --
I
OraQ&e Coalty
be:Khes an .,.,.
the bell 111
p C; lilon, 1a
~
OC Sllln R,cr-J11111P.S
' -
HAPPY
FOURTH ·:· i OF JULY!
N IGHTWORK
STAT{ '~It·""'""" ·•"-•• ~•n J ··•-·.. .. ...... . . ,,_,. .. .
ADAY
A~SOIJIICE .,VltlD :\:~ASTE
ltmeteVOTU ·•
J OAYIUffl
YeH.,I ... ~ .. NI !611)=~ .. =-..
LinkedIn Posts
July- August 2021 I
Analytics
Last 30 day activity
203
Unique visitors
Share trending articles
32
New followers
3.3K
Post impressions
21
Custom button clicks
Orange County Sanitation District
~SAN 3 270 followers
4d ·~
•32%
0%
• 51%
y 8%
The Results are In! California Associat ion of Sanitation Agencies has awarded OC
San the Organizational Excellence award for our Asset Management Program. We
are so happy to receive this recognition, we work very hard to monitor ... see more
I
Orange County Sanitation District
3,270 followers
3w -~
Today is National Sister Day and what better way to celebrate than g iving a
shoutout to our sister agency the @OCWD, Together we've partnered on the
Groundwater Replenishment System (GWRS) which is currently underg ... see more
Orange County Sanitation District
C~ 3,271 folower~
3Vt ·®
V\.1e learn as: much from our interns. as. they learn trcm us. . .tfnternDay is. .,.Gre and
we want to give them a shoutout for being a huge as5et to OC San and being as
committed to waste wa~e•r trco;;trnent a!. we a,c. Here we have Emmarv .. -;cc mor<-
Orange County Sanitation District
~ 3,270 followers
1rro • ($)
Being recognized two times is better than one. NACWA recognized OC San with
the Platinum Peak Performance Award and the Gold Recognition in Excellence
Manageme1t. To learn more visit ocsan.gov
OC SAN RECEIVES THE PLATINUM PEAK
PERFORMANCE AWARD AND THE GOLD
RECOGNITION IN EXCELLENCE
MANAGEMENT
r l -UI~ i~,,~. \ '("-, , . ,v \ -( f ~ . .
I ~ ..
Orange County Sanitation District
_!....~ 3,270 followers
1mo • ($)
Five years later and OC San is back at it again gaining the National Pollutant
Discharge Elimination System Permit. To learn more go to ocsan.gov
Orange County Sanitation District
~~~l!! 3,270 followers
lmo •®
Happy #4thofJuly . Today we celebrate our Nation's Independence Day with the 3
F's family, food and fireworks.
********
HAPPY
FOURTH
OF JULY!
********
Orange County Sanitation District
--6~ 3,270 followers
lmo•®
iill ~ ::::~ ~.)~ = ,, •.
L...j. I \ I \ II
1111 A
....... JI ~ = ~ = I I
As if we didn"t already know. The annual Heal The Bay Report Card is in and
Orange County Beaches are amongst the best in California. Visit ocsan.gov to
learn how we help make this happen.
Orange County
beaches are among
the best in
California
Article Date Resource Link
Southern California beaches score high on
summer water quality 29-Jun-21 LA Daily News
https://www.dailynews.com/2021/06/29/southern-california-
beaches-score-high-on-summer-water-quality/
OC Gets Good Marks for Clean Beaches 29-Jun-21 OC Register
https://www.ocregister.com/2021/06/29/water-off-orange-
county-cleaner-than-in-much-of-the-state-particularly-in-
summer/
Fitch Rates Orange County Sanitation
District, CA Rev Obligations 'AAA'; Outlook
Stable 1-Jul-21 Fitch Ratings
https://www.fitchratings.com/research/us-public-finance/fitch-
rates-orange-county-sanitation-district-ca-rev-obligations-aaa-
outlook-stable-01-07-2021
Moody's assigns Aaa to Orange County
Sanitation District, CA's Wastewater
Refunding Rev. Ob., Series 2021A; outlook
stable 1-Jul-21 Moody's
https://www.moodys.com/research/Moodys-assigns-Aaa-to-
Orange-County-Sanitation-District-CAs-Wastewater--
PR_907205728?cid=7QFRKQSZE021
Orange County Water Quality: How Clean
Are OC's Beaches?1-Jul-21 OC Patch
https://patch.com/california/orange-county/orange-county-
water-quality-how-clean-are-ocs-beaches
Orange County launches first water plant to
remove PFAS toxins 6-Jul-21 OC Register
https://www.ocregister.com/2021/07/06/orange-county-
launches-first-water-plant-to-remove-pfas-toxins/
17-million-gallon sewage spill prompts
closure of beaches north of El Segundo 12-Jul-21 Spectrum News 1
https://spectrumnews1.com/ca/orange-county/public-
safety/2021/07/12/sewage-spill-prompts-closure-of-beaches-
north-of-el-segundo
Sewage spill was kept from public for hours 14-Jul-21 LA Tmes
https://enewspaper.latimes.com/infinity/article_share.aspx?gui
d=63516b55-99f5-4bcf-900b-16e5ec7e3b92
Secure California’s future water supply and
invest in recycled water 19-Jul-21 CAL Matters
https://calmatters.org/commentary/2021/07/secure-californias-
future-water-supply-and-invest-in-recycled-water/
Congress Members Lowenthal, McClain,
Introduce Legislation To Create National
Labeling Standard For Non-flushable Wet
Wipes 21-Jul-21
Congressman Lowenthal
Newsletter
https://lowenthal.house.gov/media/press-releases/congress-
members-lowenthal-mcclain-introduce-legislation-create-
national
Senators propose more money for water
sources 24-Jul-21 Santa Barbara Newspress
https://newspress.com/senators-propose-more-money-for-
water-sources/
Western water experts are working to not
only conserve water, but to also reuse as
much wastewater as possible, including
through direct potable reuse.3-Aug-21 Ensia.com
https://ensia.com/features/in-an-arid-u-s-west-water-agencies-
look-to-delive%E2%80%8Br%E2%80%8B-purified-wastewater-
directly-to-customers-faucets%E2%80%8B-despite-yuck-factor/
California Invests in Recycled Water as
Droughts Take a Toll 4-Aug-21 Governing.com
https://www.governing.com/next/california-invests-in-recycled-
water-as-droughts-take-a-toll
State report raises fresh alarms over sea-
level rise 28-Aug-21 OC Register
https://www.ocregister.com/2021/08/27/state-report-raises-
fresh-alarms-over-sea-level-rise/
9/1/2021
1
Public Affairs Update July and August 2021
Presented by:
Daisy Covarrubias,
Pr. Public Affairs Spec.
Legislative and
Public Affairs
Committee
September 13, 2021
• Plant Nos. 1 and 2 Newsletters
• Factsheets
• Media Relations
• Employee Communication
• Construction Outreach
• Los Alamitos Sewer
• Orange-Western Sewer
• Westminster Blvd. Sewer
• Headquarters Project
• State College Sewer
What We Did
Tours
5 tours / 61 guests
3 speaking engagements
Social Media
Twitter: 27 tweets / 19.4k reached Facebook: 35 posts / 4.9k reachInstagram: 28 posts / 5k likes LinkedIn:7 posts/ 5.3k reached 2
1
2
9/1/2021
2
What We Are Doing
3
•Annual Report
•Employee Celebrations
•Volunteer Incentive Program
recognition
•Outreach Toolkit
•Construction Updates
•Internal Communication
•Social Media
National Procurement Award from the National
Procurement Institute.
OC San is 1 of only 182 agencies in the U.S.
and Canada, and 1 of only 36 special districts to
receive this award.
Awards
4
Organizational Excellence- Large Agency award for Asset Management Program
3
4
L':°• National
(flpl Procurement
Institute
~A SA
~ SAN SharePoint
·-·-·'· ... ,._u, ..!...I •••••• .1 ...
~BOX
LEGISLATIVE AND PUBLIC AFFAIRS
COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1864 Agenda Date:9/29/2021 Agenda Item No:20.
FROM:James D. Herberg, General Manager
SUBJECT:
LEGISLATIVE AFFAIRS UPDATE FOR THE MONTHS OF JULY/AUGUST 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Legislative Affairs Update for the month of July and August 2021.
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 9/22/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1864 Agenda Date:9/29/2021 Agenda Item No:20.
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
In response to the pandemic,Governor Newsom issued an Executive Order granting boards and
agencies modified Brown Act requirements.After a previous extension of the original order,it is
scheduled to expire September 30,2021.The surge in cases resulting from the Delta Variant
highlights the need for the continuation of Brown Act flexibility.As of now,there are two avenues to
pursue an extension:
·A new gubernatorial executive order or a re-extension of the existing executive order; or
·The passage of legislation such as AB 361 (Rivas)which,if passed,would grant local
agencies approval to transition to remote meetings under modified Brown Act requirements
without having to rely on a gubernatorial executive order.AB 361 is in the final stretch of the
legislative process, requiring consideration from the Senate.
On April 12, 2021, OC San submitted a letter of support for Assembly Bill (AB) 361.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Federal Update - ENS Resources
·Federal Legislative Matrix - ENS Resources
·State Update - Townsend Public Affairs
·State Legislative Matrix - Townsend Public Affairs
·Grant Matrix
·Presentations
Orange County Sanitation District Printed on 9/22/2021Page 2 of 2
powered by Legistar™
Page 1
TO: Rebecca Long
FROM: Eric Sapirstein
DATE: August 22, 2021
SUBJECT: Washington Update
Congress was on its summer recess for the past month and will remain on recess
until mid-September except for a three-day return to work for the House to address
the pending fiscal year 2022 budget resolution. When Congress returns to work, it
faces a substantial must do list of legislation that includes finalizing an
infrastructure bill, considering a $3.5 trillion reconciliation package to address
“soft” infrastructure, debt ceiling increase and finalization of the annual spending
bills. Given the balkanized nature of House Democrats (centrists versus
progressives) each of these priorities face a huge headwind to secure passage. Like
past years, it is a given that Congress will need to pass a stopgap spending bill to
maintain governmental operations. For now, it appears that Congress will work on
these issues well into November and possibly into December to reach compromises
on each of these matters within the House, Senate and the two chambers.
The following summarizes the outlook for congressional activities in the coming
months.
Infrastructure Legislation Key Focus
It now appears all but certain that the Senate-passed bipartisan infrastructure bill,
the Infrastructure Investment and Jobs Act (H.R. 3684), will be considered by the
House without amendments later in the fall. Speaker Pelosi continues to be in a
stand-off with approximately nine House moderates. These Members have
indicated that they will not vote on the budget resolution that sets overall spending
limits for the $3.5 trillion soft infrastructure legislation, before voting on the Senate
infrastructure bill that they support. Conversely, Pelosi has made it clear that the
House will not vote on the infrastructure package until such time as the Senate
approves its reconciliation legislation that specifies how the $3.5 trillion authorized
by the resolution will be appropriated. As a result of this situation, when the House
returns to Washington on August 23, it is expected to vote only on a rule setting the
parameters of floor debate on the budget resolution and delay action on an actual
vote on the budget resolution and the infrastructure bill until late September at the
earliest.
------=-:.-=.. : -----= = ~•:=. :=.. ' --~---... --------------• , 1,u ...... --------------
.LJ.L .. ...,
~
Page 2
However, it is important to note that all indications point to the Senate-passed H.R.
3684 being approved in the House, setting the stage for enactment. Once enacted
the previously reported funding levels for wastewater projects will become
available over five years. For California, this means that the State should receive,
based upon the Clean Water Act’s allocation formula, almost $1 billion in clean
water SRF assistance. An important aspect of the infrastructure funding is the fact
that a state must use 49 percent of the assistance to provide either loan forgiveness
or 100 percent grants assistance to disadvantaged communities. Last, the funding
would be in addition to annual appropriations Congress provides for the State
Revolving Fund (SRF) and other water-related programs.
Soft Infrastructure Package Taking Shape
Both the Senate and House are taking steps to finalize each chamber’s priorities for
the reconciliation package. This package would fund the soft or “human”
infrastructure package that the Biden Administration is seeking. Congressional
committees have been directed by leadership to deliver recommendations on how
to allocate the overall $3.5 trillion spending package. The House Committee on
Transportation & Infrastructure Chairman Peter DeFazio (D-OR), has stated that he
intends to pursue the reconciliation process to boost funding for wastewater
infrastructure needs. DeFazio criticized the Senate infrastructure bill as lacking in
sufficient funding for wastewater programs.
In addition to developing funding recommendations, an effort to roll back the
elimination of state and local tax deductions is under consideration. If a rollback is
included in the reconciliation packaged and adopted, it would reinstate the ability of
taxpayers to deduct from their federal tax liability, the taxes paid to states and local
governments.
Reconciliation only requires a simple majority in the Senate of 51 votes. This avoids
the need to secure sixty votes to avoid a filibuster. Because the Senate is evenly
divided, it makes the outcome uncertain. All Democratic Senators would have to
vote to approve the $3.5 trillion spending level. Due to concerns about the impacts
of such spending on the national debt and inflation, Senators Joe Manchin (D-WV)
and Kristen Synema (D-AZ) have stated they hold deep concerns over the proposed
spending, complicating passage of reconciliation. A similar circumstance exists in
the House where moderate Democrats have signaled doubts about supporting the
spending. Therefore, action on any final reconciliation package will not be seen
until November at the earliest according to congressional staff.
Page 3
Fiscal Year 2022 Appropriations
The House and Senate must finalize spending for fiscal year 2022 by October 1,
2021, when the fiscal year begins. The House has approved the United States
Environmental Protection Agency (USEPA) spending bill, providing $1.8 billion for
the clean water SRF program and other water resources programs such as water
recycling. The Senate Committee on Appropriations has not released its proposed
SRF spending level. It is expected to approve the spending measure in September or
October. As has been the case in past years, Congress is unlikely to finalize all
twelve appropriations bills by the end of September, triggering the need to pass a
stopgap spending bill to continue governmental operations most likely through
November.
Title
Infrastructure Investment and Jobs Act
Description
Investing in a New Vision for the Environment and Surface
Transportation in America Act or the INVEST in America Act This bill
addresses provisions related to federal-aid highway, transit,
highway safety, motor carrier, research, hazardous materials, and
rail programs of the Department of Transportation (DOT). Among
other provisions, the bill * extends FY2021 enacted levels through
FY2022 for federal-aid highway, transit, and safety programs; *
reauthorizes for FY2023-FY2026 several surface transportation
programs, including the federal-aid highway program, transit
programs, highway safety, motor carrier safety, and rail programs;
* addresses climate change, including strategies to reduce the
climate change impacts of the surface transportation system and a
vulnerability assessment to identify opportunities to enhance the
resilience of the surface transportation system and ensure the
efficient use of federal resources; * revises Buy America
procurement requirements for highways, mass transit, and rail; *
establishes a rebuild rural bridges program to improve the safety
and state of good repair of bridges in rural communities; *
implements new safety requirements across all transportation
modes; and * directs DOT to establish a pilot program to
demonstrate a national motor vehicle per-mile user fee to restore
and maintain the long-term solvency of the Highway Trust Fund
and achieve and maintain a state of good repair in the surface
transportation system.
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 4:13 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.
Introduction Date: 2021-06-04
Federal Legislative Report - August 2021
Last Updated: August 23, 2021
Bills by Issue
Priority: High (13)
Bill Number
HR 3684
Last Action
Message On Senate Action Sent To The House
2021 08 16
Status
Passed Senate
Position
None
Priority
High
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
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.
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
Monitor
Priority
High
Title
WIPPES Act
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
Title
Water Quality Protection and Job Creation Act of 2021
Description
Water Quality Protection and Job Creation Act of 2021 This bill
creates, reauthorizes, and revises several grant programs for
infrastructure to treat water pollution, such as wastewater or
stormwater. Specifically, the bill reauthorizes through FY2026 and
revises the Clean Water State Revolving Fund program, which
provides communities low-cost financing for water quality
infrastructure projects. It also reauthorizes through FY2026 grants
for * programs to control water pollution; * pilot projects related to
watershed management of wastewater discharges (e.g., sewer
overflows or stormwater discharges) during wet weather; *
alternative water source projects, including projects to reclaim
stormwater; or * measures to manage, reduce, treat or recapture
stormwater, such as sewer overflows. In addition, the
Environmental Protection Agency must award grants to owners of
publicly owned treatment works (i.e., sewage treatment plants) for
the treatment of contaminants of emerging concern, such as
perfluoroalkyl or polyfluoroalkyl substances, commonly referred to
as PFAS. These substances are man-made and may have adverse
human health effects. A variety of products contain the
compounds, such as nonstick cookware or weatherproof clothing.
Bill Summary: Last edited by Sarah Sapirstein at Jun 21, 2021, 3:52 PM
Bipartisan legislation would authorize $50 billion in direct infrastructure
investment over the next five years to address America’s crumbling
wastewater infrastructure and local water quality challenges. It would
also significantly increase the amount of Federal assistance made
available to States and communities through the successful Clean Water
State Revolving Fund (SRF) program.
Introduction Date: 2021-03-16
Bill Number
HR 4602
Last Action
Referred To The House Committee On Energy
And Commerce 2021 07 21
Status
In House
Position
Support
Priority
High
Bill Number
HR 1915
Last Action
Placed On The Union Calendar Calendar No 48
2021 06 22
Status
In House
Position
Support
Priority
High
Title
Made in America Act of 2021
Description
Made in America Act of 2021 This bill requires that materials used
in carrying out federal infrastructure aid programs are made in the
United States. The term produced in the United States means, in
the case of * iron or steel products, that all manufacturing
processes for the iron or steel product, from the initial melting
stage through the application of coatings, occurred in the United
States; * manufactured products, that the product was
manufactured in the United States and that the cost of the
components of the manufactured product that are mined,
produced, or manufactured in the United States is greater than
50% of the total cost of all components of the manufactured
product; and * construction materials, that all manufacturing
processes for the construction material occurred in the United
States. The Department of Commerce must (1) issue uniform
standards that define the term all manufacturing processes for
purposes of this bill, and (2) take into consideration and seek to
maximize the jobs benefited or created in the production of the
construction material. The bill requires that all steel, iron,
manufactured products, non-ferrous metals, plastic, concrete and
aggregates, glass (including optical glass), lumber, and drywall used
in these programs be produced in the United States. Includes
within infrastructure addressed by this bill federal-aid highways,
railroads, public transportation, civil aviation, drinking water, and
stormwater.
Bill Summary: Last edited by Sarah Sapirstein at Apr 19, 2021, 4:44 PM
Bill strengthens Buy American provisions for tax-payer funded
infrastructure projects by requiring federal funding programs to require
Buy America provisions for construction materials.
Introduction Date: 2021-04-13
Title
Clean Water Standards for PFAS Act of 2021
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 2468
Last Action
Referred To The Subcommittee On
Commodity Exchanges Energy And Credit 2021
06 07
Status
In House
Position
Monitor
Priority
High
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
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
FUTURE Western Water Infrastructure and Drought Resiliency Act
Bill Summary: Last edited by Sarah Sapirstein at Aug 23, 2021, 5:56 PM
The FUTURE Western Water Act is a comprehensive package that aims to
address western water infrastructure and drought response needs,
including: infrastructure development, improved technology and data,
water job training and education, and ecosystem protection and
restoration. Among the provisions, the legislation includes provisions
from Water Recycling Investment and Improvement Act (H.R. 1015),
which increases the authorization level for the Title XVI program to $500
million from the current $50 million. CASA supports H.R. 1015. The bill's
the four major policy components. - Infrastructure Development:
authorizes $750 million for sustainable, multi-benefit water storage
projects, authorizes $500 million for water recycling and reuse projects,
authorizes $260 million for innovative water desalination projects, and
establishes process to authorize new major water storage projects
owned or supported by USDOI. - Improved Technology and Data: invests
in water data and technology to improve water management and
reducing energy and water waste - types of investments include
expanded water technology "X-Prize" to support new stream gages and
the development and deployment of emerging technologies to help
manage and improve water supply availability. - Water Job Training and
Education: Federal support for water education activities, collaborative
water management efforts and training, and professional development
support for water sector workforce. - Ecosystem Protection and
Restoration: To reverse fish and wildlife species decline, eligible
measures include new voluntary incentives for farmers to provide
waterbird habitats, expanded watershed health project funding, support
wildlife refuges, multi-benefit water storage projects that provide
benefits for water supply and wildlife, and improved drought planning
efforts to protect biodiversity.
Introduction Date: 2021-05-20
Title
Drinking Water and Wastewater Infrastructure Act of 2021
Description
Drinking Water and Wastewater Infrastructure Act of 2021 This bill
reauthorizes through FY2026 or establishes a variety of programs
for water infrastructure. Specifically, it supports programs to
provide safe drinking water or treat wastewater, such as sewer
overflows or stormwater. For example, the bill reauthorizes and
revises the clean water state revolving fund (SRF) and the drinking
water SRF.
Bill Summary: Last edited by Sarah Sapirstein at Jun 21, 2021, 4:29 PM
A comprehensive bill that contains Senate clean water and drinking
water provisions that were dropped out of Water Resources
Development Act (WRDA) 2020 during conference negotiations. S. 914
would invest more than $35 billion in water resource development
projects across the country, of which, more than 40% can be directly
used to benefit small, disadvantaged, rural, and tribal communities
through additional subsidization from the State Revolving Loan Funds or
direct grant programs.
Introduction Date: 2021-03-23
Bill Number
HR 3404
Last Action
Referred To The Subcommittee On Water
Resources And Environment 2021 05 21
Status
In House
Position
Support
Priority
High
Bill Number
S 914
Last Action
By Senator Carper From Committee On
Environment And Public Works Filed Written
Report Report No 117 20 2021 05 10
Status
In House
Position
Monitor
Priority
High
Title
Break Free From Plastic Pollution Act of 2021
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
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.
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 Recycling Investment and Improvement Act
Description
Water Recycling Investment and Improvement Act This bill makes
permanent, and otherwise revises, the Bureau of
Reclamation's grant program for the funding of water recycling and
reuse projects. Specifically, the bill removes priority under the
program for projects in areas that, in the preceding four-year
period, have been (1) identified as experiencing severe, extreme, or
exceptional drought; or (2) designated as a disaster area by a state.
Additionally, the bill increases through FY2025 the authorization of
appropriations for the program and otherwise revises provisions
related to program funding.
Bill Summary: Last edited by Sarah Sapirstein at Feb 16, 2021, 3:28 PM
Increases the authorization level for the Title XVI Program to $500
million from the current $50 million and makes it a permanent program.
The bill strikes requirement that projects must be in drought or disaster
areas and strikes the requirement that the projects need to be
designated in an appropriations legislation.
Introduction Date: 2021-02-11
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.
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
Bill Number
HR 1015
Last Action
Referred To The Subcommittee On Water
Oceans And Wildlife 2021 03 15
Status
In House
Position
Support
Priority
High
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 (2)
Title
COMPOST Act
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
Title
CLEAN Future Act
Description
Climate Leadership and Environmental Action for our Nation’s
Future Act or the CLEAN Future Act This bill creates requirements
and incentives to reduce emissions of greenhouse gases. The bill
establishes an interim goal to reduce greenhouse gas emissions to
at least 50% below 2005 levels by 2030 as well as a national goal to
achieve net-zero greenhouse gas emissions by 2050. Each federal
agency must develop a plan to achieve the goals. Beginning in
2023, retail electricity suppliers must provide an increasing
percentage of electricity that is generated without the release of
greenhouse gases into the atmosphere (zero-emission electricity).
By 2035, the suppliers must provide 100% zero-emission electricity
or demonstrate alternative means of compliance. For example, the
suppliers may buy credits under a trading program that allows
entities to buy, sell, and trade credits to demonstrate compliance.
The bill also establishes a variety of requirements, programs, and
incentives to reduce or eliminate greenhouse gas emissions by *
modernizing the electric grid and supporting clean energy
microgrids; * increasing the use of renewable energy and advanced
nuclear power technologies; * increasing energy efficiency in
buildings, homes, and appliances; * supporting clean
transportation, including electric vehicles and related charging
infrastructure; * issuing greenhouse gas standards for certain
vehicles, engines, and aircraft; * promoting manufacturing and
industrial decarbonization, including through buy-clean programs;
* supporting environmental justice efforts; and * reducing
methane, plastics, and super pollutants.
Bill Summary: Last edited by Sarah Sapirstein at Mar 22, 2021, 8:54 PM
H.R. 1512 is a comprehensive legislative package with the goal of
achieving net zero greenhouse gas pollution, combating the climate
crisis, putting Americans back to work,and rebuilding our economy. It
includes limited drinking water provisions, including establishing PFAS
grants program for affected community water systems, authorized at
$500 million. The legislation also includes an extensive environmental
justice title that supports the policy directives from the Administration
that 40% of all future federal funding be delivered to disadvantage and
environmental justice communities.
Introduction Date: 2021-03-02
Bill Number
HR 4443
Last Action
Referred To The Subcommittee On
Conservation And Forestry 2021 08 11
Status
In House
Position
None
Priority
None
Bill Number
HR 1512
Last Action
Referred To The Subcommittee On
Environment And Climate Change 2021 03 03
Status
In House
Position
None
Priority
None
Powered by
FiscalNote
M E M O R A N D U M
To: Orange County Sanitation District
From: Townsend Public Affairs
Date: August 22, 2021
Subject: Monthly Legislative Report
State Legislative Update The Legislature reconvened from summer recess on Monday, August 16. Since then, policy and fiscal committees have continued to meet and consider bills in order to meet deadline constraints. Of note is the appropriations deadline on August 27, which marks the last day for fiscal
committees to meet and report bills. With the appropriations deadline comes the second house’s
“appropriations suspense file” hearing, where bills determined to have a significant fiscal impact
are placed on “suspense” and either progress to the second house’s floor for consideration or are held in committee and under submission. The suspense file hearing is expected to filter out active bills from progressing further in the legislative process.
With only three remaining weeks of the 2021 legislative session, there are a number of outstanding issues that are of interest to local governments. These include, but are not limited to: Extension of Brown Act Flexibility In response to the pandemic and the necessity of remote meetings to promote social distancing,
Governor Newsom issued an Executive Order granting boards and agencies modified Brown Act requirements. After a previous extension of the original order, it is scheduled to expire September 30, 2021. The surge in cases resulting from the Delta Variant highlights the need for the continuation of Brown Act Flexibility. As of now, there are two avenues to pursue an extension:
• A new gubernatorial executive order or a re-extension of the existing executive order or;
• The passage of legislation such as AB 361 (Rivas) which, if passed, would grant local
agencies approval to transition to remote meetings under modified Brown Act requirements without having to rely on a gubernatorial executive order. AB 361 is in the final stretch of the legislative process, requiring consideration from the Senate. The Release of Key Budget Details
Despite the release of funding plans and implementing language for much of the State’s Budget, there still remain a few pending Budget details. These include the cap-and-trade expenditure plan, which is expected to direct funding toward projects related to wildfire mitigation, forest management, and community hardening. Additionally, numerous transportation programs included in the State Budget are contingent on the passage of additional legislation to specify how funds are allocated.
T WNSEND
PUBL C AFFAIRS
EST TPA 19 8
2
In addition, several water agencies, led by Metropolitan Water District, are pushing for increased state investments for water use efficiency, local supply, and groundwater storage projects.
Metropolitan is leading a coalition effort to request an additional $1.3 billion in funding. That funding request includes:
• Water Use Efficiency:
o $200 million for rebates for leak detection, turf replacement, and commercial equipment
• Local Supply Projects:
o $650 million for water reuse and recycling
o $100 million for stormwater capture
o $100 million for groundwater remediation and wellhead treatment for PFAS
• Groundwater Storage
o $250 million for groundwater storage
Broadband Infrastructure Deployment The Governor has signed SB 156, a trailer bill to implement the $6 billion included in the original
budget for broadband infrastructure construction, with priority given to underserved rural and urban communities throughout the State. The bill’s major provisions include: $2 billion for last-mile infrastructure to increase connectivity and affordability in underserved rural and urban areas,
$3.25 billion for statewide, open-access middle-mile network, and $750 million to establish a new loan loss reserve account to provide collateral to local governments issuing bonds for municipal broadband deployment. In the final weeks of session, the passage of two important broadband infrastructure measures AB 14, (Aguiar-Curry) and SB 4 (Gonzalez), will help prioritize the deployment of broadband infrastructure in unserved and underserved communities throughout California through the ongoing collection of the California Advanced Services Fund surcharge. These bills also expand the definition of “unserved” communities to include areas with speeds slightly faster than dial up, which is now an outdated benchmark for determining access speeds. AB 14 has been placed on the Senate appropriations suspense file. SB 4 is expected to be considered by the Assembly Appropriations Committee next week. Housing Reform Policies This legislative session has featured a focus on housing reform policies. Numerous housing and
land use reform bills have made their way through the legislative process further than similar bills have in previous sessions. For example, SB 9 (Atkins), which would require cities and counties to permit ministerially either a housing development of up to two units, or the subdivision of a
parcel into two equal parcels, has passed through both house’s policy committees will move to the Assembly Floor for consideration. Another bill of interest, AB 215 (Chiu), which would have created a new, mid-cycle housing needs progress determination process between HCD and
underperforming jurisdictions, has now been significantly amended to remove the mid-cycle review process with HCD while enhancing the legal enforcement tools of the agency. AB 215 is expected to be considered by the Senate Appropriations Committee next week. In addition to these priority items being discussed by the Legislature, there are several other COVID related items that are still a high priority in Sacramento.
3
Governor Announces Testing and Proof of Vaccination Mandate
Governor Newsom announced a new mandate requiring all state and healthcare workers to provide proof of vaccination or be tested at least once per week. In addition, the Governor hopes to encourage all local governments and other employers to adopt a similar protocol. Beginning
August 2, all state employees will be required to show proof of vaccination or begin mandatory COVID testing once per week. Beginning August 9, all healthcare and congregate facility workers will adopt the same protocol and must be in full compliance by August 23. Those operating in
acute care facilities may be required to be tested twice per week. Implementation of this new mandate will be accomplished via public health order. State Rental Assistance Metrics The Governor announced that the California Rent Relief program continues to build momentum with over $1 billion in rental assistance requested through the state-administered program and increasing rates of application and disbursement. The State’s rental assistance program allows tenants to access rental funds directly if their landlord chooses not to participate and ensures landlords can receive compensation even if their otherwise income-qualified tenants have already vacated a unit. The Program provides a total of $5.2 billion to now cover 100 percent of back-rent and all prospective rent for several months into the future for income-qualified tenants. The Program also includes $2 billion for past-due water and utility bills and more money than ever for tenant legal assistance. This new supportive funding adds to the recent extension of the State’s eviction moratorium.
COVID Impact on Access to State Capitol Building
California has reinstated a mask mandate for all lawmakers and employees at the state Capitol, regardless of vaccination status, following an outbreak of coronavirus cases in the building. All individuals who contracted the coronavirus were staff, four of whom were fully vaccinated. The
announcement from the Secretary of the Senate and the Assembly Chief Administrative Officer was followed by a letter from Legislative Leadership to Senate and Assembly staff. Priority Legislation The below bills have been identified by TPA and OC San staff as priority bills that would have an impact on OC San.
AB 339 (Lee) – State and local government: open meetings. (OC San: Watch) AB 339 was amended to remove the above provisions and instead narrow the scope to only require large cities and counties (over 250,000 in population) to include an opportunity for members of the public to attend via a telephonic option or an internet-based service option. This includes the ability to provide public comment both in person and remotely via a telephonic or an
internet-based service option.
4
Status: AB 339 Currently on the Senate Floor.
AB 361 (Rivas) – Open meetings: local agencies: teleconferences (OC San: Support)
Would authorize a local agency to use teleconferencing without complying with the
teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting for the purpose of declaring or ratifying a local emergency, during a declared state of emergency or local emergency, as those terms are defined, when state or
local health officials have imposed or recommended measures to promote social distancing, and during a declared local emergency provided the legislative body determines, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. The bill would sunset on January 1, 2024. Status: AB 361 Currently on the Senate Floor.
AB 377 (Rivas) – Water quality: impaired waters (OC San: Watch) AB 377 has recently been significantly amended. The bill now requires the State Water Board and Regional Boards to evaluate impaired state surface waters using the most current integrated report, and report to the Legislature a plan to bring all water segments into attainment by January 1, 2050. AB 377 also creates the Waterway Recovery Account in the Waste Discharge Permit Fund. Authorizes funds within the Waterway Recovery Account to be available for the State Water Board to expend, upon appropriation by the Legislature, to bring impaired water segments into attainment. Requires an enforcement action taken pursuant to this bill to result in sufficient
penalties, conditions, and orders to ensure the person subject to the enforcement action is no longer causing or contributing to the exceedance in a surface water quality standard in a surface water of the state.
Status: AB 377 is a two-year bill and will not be moving forward in 2021.
AB 818 (Bloom) - Solid waste: premoistened nonwoven disposable wipes (OC San: Support)
Would require certain premoistened nonwoven disposable wipes manufactured on or after July
1, 2022, to be labeled clearly and conspicuously with the phrase “Do Not Flush” and a related symbol. The bill would prohibit a covered entity from making a representation about the flushable attributes, benefits, performance, or efficacy of those premoistened nonwoven disposable wipes. The bill would establish enforcement provisions, including authorizing a civil penalty not to exceed $2,500 per day, up to a maximum of $100,000 per violation, to be imposed on a covered entity
who violates those provisions. Status: AB 818 Currently on the Senate Floor.
AB 1500 (E. Garcia) // SB 45 (Portantino) – Wildfire Prevention, Safe Drinking Water, Drought
Preparation, and Flood Protection Bond Act of 2022 (OC San: Watch)
AB 1500 and SB 45 would have established a general obligation bond that would appear on the November 2022 ballot. These bond bills would provide funding for a wide variety of natural
resources and climate resilient projects including wildfire prevention, safe drinking water and water quality, protecting fish, wildlife, and agriculture from climate risks, and protecting coastal resources.
5
This proposal and conversations around a climate focused bond were put on hold in 2020 largely
due to the COVID-19 pandemic. However, the framework of Governor Newsom’s Budget includes record surpluses and federal influxes of pandemic relief dollars. The Governor and the Legislature both agree that direct water funding through the Budget in 2021 is critical, especially as California
continues to experience one of the driest periods on record. This agreement, which is still being negotiated, would preclude the need for a general obligation bond this year Status: AB 1500 and SB 45 have both been held in their respective Rules Committees and are currently not expected to move forward this year.
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 59 Gabriel [D]This bill would increase, for fees and service charges and for fees for
specified public facilities, the time for mailing the notice of the time and
place of the meeting to at least 45 days before the meeting. This bill would
also require that all fees collected in excess of the cost of the service
provided be refunded to the ratepayer. This bill would also change the
statute of limitations for protests filed for disputes of rates, potentially
allowing rate disputes to be filed months or years after adoption.
Two-Year Bill Oppose Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - Oppose
LOCC - Watch
CASA - Watch
CSDA - Oppose
ACWA - Oppose
AB 322 Salas [D]Current law requires the Energy Commission, in administering moneys in
the Electric Program Investment Charge Fund for research, development,
and demonstration programs, to develop and implement the EPIC program
for the purpose of awarding funds to projects that may lead to technological
advancement and breakthroughs to overcome barriers that prevent the
achievement of the state’s statutory energy goals and that may result in a
portfolio of projects that are strategically focused and sufficiently narrow to
make advancement on the most significant technological challenges.
Current law, until January 1, 2023, requires the Energy Commission to
expend certain percentages of the moneys appropriated from the fund for
technology demonstration and deployment at sites that benefit certain
communities. This bill would require the Energy Commission to allocate not
less than 20% of the funds appropriated for the EPIC program to bioenergy
projects for biomass conversion, as specified.
Currently on Senate Floor Watch Legislative and Regulatory
Policies: Biosolids and
Biogas - Support
streamlined legislation,
regulations and policies that
encourage the procurement
of biogas, biosolids, and
compost.
ACC-OC - NYC
LOCC - Watch
CASA - Support
CSDA - NYC
ACWA - Favor
AB 339 Lee [D]Would, until December 31, 2023, require all open and public meetings of a
city council or a county board of supervisors that governs a jurisdiction
containing least 250,000 people to include an opportunity for members of
the public to attend via a telephonic option or an internet-based service
option. The bill would require all open and public meetings to include an in-
person public comment opportunity, except in specified circumstances
during a declared state or local emergency. The bill would require all
meetings to provide the public with an opportunity to comment on proposed
legislation in person and remotely via a telephonic or an internet-based
service option, as provided.
Currently on Senate Floor Watch Legislative and Regulatory
Policies: Special Districts -
Oppose further state
regulations that adversely
impact special district
financing, operations, and
administration.
ACC-OC - Oppose
LOCC - Oppose
CASA - Watch
CSDA - Oppose
ACWA - Oppose
Proposed Legislation 2021-2022
High Priority
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 361 Rivas [D]Would authorize a local agency to use teleconferencing without complying
with the teleconferencing requirements imposed by the Ralph M. Brown Act
when a legislative body of a local agency holds a meeting for the purpose
of declaring or ratifying a local emergency, during a declared state of
emergency or local emergency, as those terms are defined, when state or
local health officials have imposed or recommended measures to promote
social distancing, and during a declared local emergency provided the
legislative body determines, by majority vote, that meeting in person would
present imminent risks to the health or safety of attendees.
Currently on Senate Floor Support 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 - Sponsor
ACWA - Favor
AB 377 Rivas [D]Would require, by January 1, 2023, the State Water Resources Control
Board and regional boards to prioritize enforcement of all water quality
standard violations that are causing or contributing to an exceedance of a
water quality standard in a surface water of the state. The bill would require
the state board and regional boards, by January 1, 2025, to evaluate
impaired state surface waters and report to the Legislature a plan to bring
all water segments into attainment by January 1, 2050. The bill would
require the state board and regional boards to update the report with a
progress summary to the Legislature every 5 years. The bill would create
the Waterway Recovery Account in the Waste Discharge Permit Fund and
would make moneys in the Waterway Recovery Account available for the
state board to expend, upon appropriation by the Legislature, to bring
impaired water segments into attainment in accordance with the plan.
Two-Year Bill Watch Guiding Principles: Oppose
redundant regulatory and
legislative requirements that
cause undue constraints on
efficient operations.
ACC-OC - Oppose
LOCC - Oppose
CASA - Oppose
CSDA - Oppose
ACWA - Concerns
AB 564 Gonzalez [D]Would establish the Biodiversity Protection and Restoration Act and would
provide that it is the policy of the state that all state agencies, boards, and
commissions shall utilize their authorities in furtherance of the biodiversity
conservation purposes and goals of certain executive orders. The bill would
require all state agencies, boards, and commissions to consider and
prioritize the protection of biodiversity in carrying out their statutory
mandates. The bill would require strategies related to the goal of the state
to conserve at least 30% of California’s land and coastal waters by 2030 to
be made available to the public and provided to certain legislative
committees by no later than June 30, 2022.
Two-Year Bill Watch Guiding Principles: Oppose
redundant regulatory and
legislative requirements that
cause undue constraints on
efficient operations.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 602 Grayson [D]Current law requires a city, county, or special district that has an internet
website to make available on its internet website certain information, as
applicable, including its current schedule of fees and exactions. This bill,
among other things, would require, on and after January 1, 2022, a city,
county, or special district that conducts an impact fee nexus study to follow
specific standards and practices, including, but not limited to, (1) that prior
to the adoption of an associated development fee, an impact fee nexus
study be adopted, (2) that the study identify the existing level of service for
each public facility, identify the proposed new level of service, and include
an explanation of why the new level of service is necessary, and (3) if the
study is adopted after July 1, 2022, either calculate a fee levied or imposed
on a housing development project proportionately to the square footage of
the proposed units, or make specified findings explaining why square
footage is not an appropriate metric to calculate the fees.
Currently in Senate
Appropriations
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 - NYC
AB 622 Friedman [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
with a mesh size of 100 microns or smaller.
Two-Year Bill Support 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 - Watch
CSDA - NYC
ACWA - NYC
AB 652 Friedman [D]Would, on and after July 1, 2023, prohibit a person, including a
manufacturer, from selling or distributing in commerce in this state any
new, not previously owned, juvenile product, as defined, that contains
perfluoroalkyl and polyfluoroalkyl substances (PFAS) at a detectable level
above an unspecified amount. The bill would establish requirements for
manufacturers when replacing PFAS in juvenile products.
Currently on Senate Floor 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 - NYC
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 703 Rubio [D]Current law, by Executive Order N-29-20, suspends the Ralph M. Brown
Act’s requirements for teleconferencing during the COVID-19 pandemic,
provided that notice requirements are met, the ability of the public to
observe and comment is preserved, as specified, and that a local agency
permitting teleconferencing have a procedure for receiving and swiftly
resolving requests for reasonable accommodation for individuals with
disabilities, as specified. This bill would remove the requirements of the act
particular to teleconferencing and allow for teleconferencing subject to
existing provisions regarding the posting of notice of an agenda and the
ability of the public to observe the meeting and provide public comment.
The bill would require that, in each instance in which notice of the time of
the teleconferenced meeting is otherwise given or the agenda for the
meeting is otherwise posted, the local agency also give notice of the means
by which members of the public may observe the meeting and offer public
comment and that the legislative body have and implement a procedure for
receiving and swiftly resolving requests for reasonable accommodation for
individuals with disabilities, consistent with the federal Americans with
Disabilities Act, as provided.
Two-Year Bill 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 - Support
AB 802 Bloom [D]Would require the Water Resources Control Board to identify the best
available control technology for filtering microfibers from an industrial,
institutional, or commercial laundry facility on or before an unspecified date,
and would require the state board to consult with owners and operators of
laundry facilities on the types of filtration systems currently in use and with
universities, scientific organizations, and experts on plastic pollution in
identifying the best available control technology. The bill would also require,
on or before an unspecified date, any entity that operates an industrial,
institutional, or commercial laundry facility to adopt the use of the best
available control technology to capture microfibers that are shed during
washing.
Two-Year Bill 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 - Watch
CSDA - NYC
ACWA - Favor
AB 818 Bloom [D]Would require, except as provided, certain premoistened nonwoven
disposable wipes manufactured on or after July 1, 2022, to be labeled
clearly and conspicuously with the phrase “Do Not Flush” and a related
symbol, as specified. The bill would prohibit a covered entity, as defined,
from making a representation about the flushable attributes, benefits,
performance, or efficacy of those premoistened nonwoven disposable
wipes, as provided. The bill would establish enforcement provisions,
including authorizing a civil penalty not to exceed $2,500 per day, up to a
maximum of $100,000 per violation, to be imposed on a covered entity who
violates those provisions.
Currently on Senate Floor Support Legislative and Regulatory
Policies: Source Control -
Support legislation that
regulates the disposal of
flushable wipes.
ACC-OC - NYC
LOCC - Support
CASA - Sponsor
CSDA - Support
ACWA - Support
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1001 C. Garcia [D]Would require the California Environmental Protection Agency, on or before
May 1, 2022, to publish, maintain, and update a list of overburdened
communities, as defined. The bill would, on or after July 1, 2022, require a
permitting agency to take certain actions for an application for a new
environmental permit, as defined, or the renewal of an environmental
permit for a facility located in an overburdened community. The bill would
require a permit applicant to prepare an environmental justice impact
statement, to conduct a public hearing in the overburdened community, and
to transmit the environmental justice impact statement to the permitting
agency.
Two-Year Bill 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 - Concerns
CSDA - NYC
ACWA - NYC
AB 1200 Ting [D]Would prohibit, beginning January 1, 2023, any person from distributing,
selling, or offering for sale in the state any food packaging that contains
intentionally added perfluoroalkyl and polyfluoroalkyl substances or PFAS,
as defined. The bill would require a manufacturer to use the least toxic
alternative when replacing PFAS chemicals. The bill would define “food
packaging,” in part, to mean a nondurable package, packaging component,
or food service ware that is comprised, in substantial part, of paper,
paperboard, or other materials originally derived from plant fibers.
Currently in the Senate
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 - Watch
ACWA - NYC
AB 1271 Ting [D]Current law, beginning January 1, 2021, imposes a penalty for violation of
specified surplus land provisions after a local agency receives the
notification from the Department of Housing and Community Development
and a penalty for subsequent violations. Current law authorizes specified
entities or persons to bring an action against a local agency to enforce the
provisions related to surplus land and allows a local agency 60 days to cure
or correct an alleged violation before the action may be brought, except as
specified. This bill would provide that these surplus land provisions do not
preclude a local agency that purchases surplus land from a disposing
agency from reconveying the surplus land to a nonprofit or for-profit
housing developer for development of low- and moderate-income housing
as authorized under other provisions of law.
Two-Year Bill 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 - Watch
ACWA - NYC
AB 1296 Kamlager [D]Current law establishes the South Coast Air Quality Management District
as the district with the responsibility for controlling air pollution from sources
other than vehicular sources in the South Coast Air Basin. Current law
establishes a district board consisting of 13 members to govern the south
coast district. Current law requires one member of the district board to be
appointed by the Senate Committee on Rules and one member to be
appointed by the Speaker of the Assembly. This bill would increase the
number of members of the district board of the south coast district to 15
members by adding 2 environmental justice appointees, one appointed by
the Senate Committee on Rules and one appointed by the Speaker of the
Assembly.
Two-Year Bill 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 - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
AB 1434 Friedman [D]Would establish, beginning January 1, 2023, until January 1, 2025, the
standard for indoor residential water use as 48 gallons per capita daily. The
bill would establish, beginning January 1, 2025, the standard as 44 gallons
per capita daily and, beginning January 1, 2030, 40 gallons per capita daily.
The bill would eliminate the requirement that the department, in
coordination with the state board, conduct necessary studies and
investigations and jointly recommend to the Legislature a standard for
indoor residential water use.
Two-Year Bill Oppose 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 - Watch
CSDA - No
Position
ACWA - Oppose
AB 1500 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 $6,700,000,000 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.
Currently in the Senate
Rules Committee.
Unlikely to move forward
this year
Watch Guiding Principles: Seek
funds for OCSD projects
through grants,
appropriations, or other
means.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Support if
Amended
ACWA - Support if
Amended
SB 45 Portantino [D]Would enact the Wildfire Prevention, Safe Drinking Water, Drought
Preparation, and Flood Protection Bond Act of 2022, which, if approved by
the voters, would authorize the issuance of bonds in the amount of
$5,510,000,000 pursuant to the State General Obligation Bond Law to
finance projects for a wildfire prevention, safe drinking water, drought
preparation, and flood protection program. Includes $100 million.
Currently in the Senate
Rules Committee.
Unlikely to move forward
this year
Watch Guiding Principles: Seek
funds for OCSD projects
through grants,
appropriations, or other
means.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Support if
Amended
ACWA - Support if
Amended
SB 54 Allen [D]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.
Two-Year Bill 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 - Watch
CASA - Watch
CSDA - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 95 Skinner Would provide for COVID-19 supplemental paid sick leave for covered
employees, as defined, who are unable to work or telework due to certain
reasons related to COVID-19, including that the employee has been
advised by a health care provider to self-quarantine due to concerns related
to COVID-19. The bill would entitle a covered employee to 80 hours of
COVID-19 supplemental paid sick leave if that employee either works full
time or was scheduled to work, on average, at least 40 hours per week for
the employer in the 2 weeks preceding the date the covered employee took
COVID-19 supplemental paid sick leave. The bill would provide a different
calculation for supplemental paid sick leave for a covered employee who is
a firefighter subject to certain work schedule requirements and for a
covered employee working fewer or variable hours, as specified.
Signed into law 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 - Oppose
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.
Two-Year Bill 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 273 Hertzberg [D]Would authorize a municipal wastewater agency, as defined, to enter into
agreements with entities responsible for stormwater management for the
purpose of managing stormwater and dry weather runoff, to acquire,
construct, expand, operate, maintain, and provide facilities for specified
purposes relating to managing stormwater and dry weather runoff, and to
levy taxes, fees, and charges consistent with the municipal wastewater
agency’s existing authority in order to fund projects undertaken pursuant to
the bill. The bill would require the exercise of any new authority granted
under the bill to comply with the Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000. The bill would require a municipal wastewater
agency that enters into or amends one of these agreements after January
1, 2022, to file a copy of the agreement or amendment with the local
agency formation commission in each county where any part of the
municipal wastewater agency’s territory is located, but would exempt those
agreements and amendments from local agency formation commission
approval except as required by the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000.
Currently in Concurrence
pending amendments
from the Assembly
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 - Co-
sponsor
CSDA - Support
ACWA - Favor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 274 Wieckowski [D]The Ralph M. Brown Act requires meetings of the legislative body of a local
agency to be open and public and also requires regular and special
meetings of the legislative body to be held within the boundaries of the
territory over which the local agency exercises jurisdiction, with specified
exceptions. Current law authorizes a person to request that a copy of an
agenda, or a copy of all the documents constituting the agenda packet, of
any meeting of a legislative body be mailed to that person. This bill would
require a local agency with an internet website, or its designee, to email a
copy of, or website link to, the agenda or a copy of all the documents
constituting the agenda packet if the person requests that the items be
delivered by email. If a local agency determines it to be technologically
infeasible to send a copy of the documents or a link to a website that
contains the documents by email or by other electronic means, the bill
would require the legislative body or its designee to send by mail a copy of
the agenda or a website link to the agenda and to mail a copy of all other
documents constituting the agenda packet, as specified.
Currently on Assembly
Floor
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 - Favor
SB 323 Caballero [D]Current law prohibits a local agency from imposing fees for specified
purposes, including fees for water or sewer connections, as defined, that
exceed the estimated reasonable cost of providing the service for which the
fee is charged, unless voter approval is obtained. Current law provides that
a local agency levying a new a water or sewer connection fee or increasing
a fee must do so by ordinance or resolution. Current law requires, for
specified fees, including water or sewer connection fees, any judicial action
or proceeding to attack, review, set aside, void, or annul an ordinance,
resolution, or motion adopting a new fee or service charge or modifying an
existing fee or service charge to be commenced within 120 days of the
effective date of the ordinance, resolution, or motion according to specified
procedures for validation proceedings. This bill would apply the same
judicial action procedure and timelines, as stated above, to ordinances,
resolutions, or motions adopting, modifying, or amending water or sewer
service fees or charges adopted after January 1, 2022, except as provided.
Currently in 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 - Support
CASA - Watch
CSDA - Support
ACWA - Sponsor
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 342 Gonzalez [D]Current law establishes the South Coast Air Quality Management District
vested with the authority to regulate air emissions from stationary sources
located in the South Coast Air Basin and establishes a district board,
consisting of 13 members. This bill would add 2 members to the district
board, appointed by the Senate Committee on Rules and the Speaker of
the Assembly. The bill would require the 2 additional members to reside in
and work directly with communities in the South Coast Air Basin that are
disproportionately burdened by and vulnerable to high levels of pollution
and issues of environmental justice.
Two-Year Bill Watch Legislative and Regulatory
Policies: Air Quality -
Monitor SCAQMD’s
development of regulations
and guidelines associated
with AB 617 in the following
areas: (1) implementation of
best available retrofit control
technology (BARCT)
requirements for existing
stationary sources; (2)
deployment of air monitoring
systems in selected
communities; and (3)
implementation of emissions
reduction plans in selected
communities.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Watch
ACWA - Watch
SB 351 Caballero [D]Current law establishes the State Water Resources Control Board for the
purposes of providing for the orderly and efficient administration of the
water resources of the state. This bill, the Water Innovation Act of 2021,
would create the Office of Water Innovation at the California Water
Commission for the furtherance of new technologies and other innovative
approaches in the water sector. The bill would require the office, by
December 31, 2023, to take specified measures to advance innovation in
the water sector. The bill would make findings and declarations regarding
the need for water innovation.
Two-Year Bill Watch Legislative and Regulatory
Policies: Biosolids and
Biogas - Support
streamlined legislation,
regulations and policies that
encourage the procurement
of biogas, biosolids, and
compost.
ACC-OC - NYC
LOCC - Watch
CASA - Watch
CSDA - Support
ACWA - Favor
SB 695 Ochoa Bogh [R]Would prohibit a local agency from imposing a housing impact requirement
adopted by the local agency on a housing development project, as defined,
unless specified requirements are satisfied by the local agency, including
that the local agency prepare and adopt a nexus study, as specified. The
bill, for purposes of these provisions, defines “housing impact requirement”
as a fee imposed under the Mitigation Fee Act, dedications of parkland or in-
lieu fees imposed under the Quimby Act, or a construction excise tax. This
bill would require a local agency to adopt a nexus study that is used to
demonstrate compliance with these provisions, subject to specified public
participation requirements. This bill would prohibit a housing impact
requirement from exceeding the amount necessary to maintain the existing
level of service identified in the nexus study for the type of capital facility for
which the housing impact requirement is imposed.
Two-Year Bill 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 - Watch
ACWA - NYC
OC San
State
Bills of Interest
BILL AUTHOR SUMMARY LATEST ACTION OC SAN
POSITION LEGISLATIVE PLAN OTHER
POSITIONS
SB 791 Cortese [D]Would, upon appropriation by the Legislature, establish the California
Surplus Land Unit within the Department of Housing and Community
Development with the primary purpose of facilitating the development and
construction of residential housing on local surplus property, as defined. In
this regard, the bill would authorize the unit to, among other things, facilitate
agreements between housing developers and local agencies that seek to
dispose of surplus land; provide advice, technical assistance, and
consultative and technical service to local agencies with surplus land and
developers that seek to develop housing on the surplus land; and
collaborate with specified state agencies to assist housing developers and
local agencies with obtaining grants, loans, tax credits, credit
enhancements, and other types of financing that facilitate the construction
of housing on surplus land.
Currently in Assembly
Appropriations
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 - No
Position
ACWA - NYC
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
OC San's Grant and Loan Funding Tracker 2021-2022
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
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.
with $7.18 Million from this total 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
Notice will become
officially available
October 2021
Water TBD
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 2021 Grant Applications will 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 No
Zero-Emission Freight and Marine
Program Solicitation California Air
Resources Board/Volkswagen
Environmental Mitigation Trust
Assisting water infrastructure systems adapt to climate change;Up to $423 million NA No Forklift Replacement We did not meet the requirements of
the grant.Yes 6/16/2021 Environment No
CalOES Grant- Community Power
Resiliency Allocation to Special
Districts Program
Providing incentives throughout each watershed to collaborate in managing the
region's water resources and setting regional priorities for water infrastructure; and $300,000 $300,000 No Portable Generators We did not meet the requirements of
the grant.NA 10/30/2020 Renewable energy No
Integrated Regional Water
Management (IRWM) Grant Program
Improving regional water self-reliance, while reducing reliance on Sacramento-San
Joaquin Delta.TBD NA No NA
TPA and OCSD are monitoring the
grant program development from the
Santa Ana Watershed Project Authority
(SAWPA). Currently, Round 2 has yet
to be announced. TPA and OCSD will
continue to watch this. OC IRWM
expected to receive $7.5 million total, in
2022.
50%NA. Will return in
2021/2022 for Round 2 Water No
STATE
Updated 8/23/2021
OC San's Grant and Loan Funding Tracker 2021-2022
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
Economic Development Administration
Funding provided under the American Rescue Act of 2021. The available funding will
help communities and regions devise and implement long-term economic recovery
strategies through a variety of non-construction and construction projects to assist
communities and regions impacted by the coronavirus pandemic.
$5 million for construction and non-construction
related activities related to COVID-19.TBD TBD. We have not identified any
available projects at this time TBD We will apply if this grant comes to
fruition and if we meet the eligibility TBD 3/1/2022 COVID-19 TBD
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.
$20 million Pending FOA Final Expansion of GWRS
Headworks (P2-122)
The Sanitation District developed a
proposal for last year that could be
used as a basis for a new submittal.
$20mm or 25% of
project costs
whichever is less.
6/28/2019 Water/ Infrastructure Pending FOA
Department of Health and Human
Services
Department of Health and Human Services is in the process of allocating
approximately $116 million to the state to provide agencies with assistance to cover
arrearages.
$116 million TBD TBD COVID - 19 Funding We will apply if this grant comes to
fruition and if we meet the eligibility TBD TBD COVID-19 TBD
FEMA Funding
The President’s Memo changed the federal reimbursement amount for previously
approved projects from the beginning of the disaster to January 20, 2021. It did not
change the eligibility. All work eligible under FEMA’s existing COVID-19 policies,
including increasing medical capacity, non-congregate sheltering, and emergency
feeding distribution will be reimbursed at 100 percent federal share. For projects that
have already been approved, FEMA will amend the existing awards to adjust the
federal funding amounts. No action will be required by the applicants.
TBD $260,000 (at this
time)Yes COVID - 19 Funding We are working with the local agency
CAL OES on the funding eligibility.Match Cost Share TBD Infrastructure TBD
WaterSMART Grants: Small-Scale
Water Efficiency Projects
Purpose: To support projects that conserve and use water more efficiently; mitigate
conflict risk in areas at a high risk of future water conflict; and accomplish other
benefits that contribute to water supply reliability in the western United States.
Total Funding Available: $3 million NA No-not qualified Project Request - Planning Study
Plant and Reclaimed Water
They do not fund studies within the
parameters of the grant.
Cost-Share: 50% or
more of total project
costs.
3/15/2021 Water/ Infrastructure No
FEDERAL
Updated 8/23/2021
OC San's Grant and Loan Funding Tracker 2021-2022
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
Stormwater and CSO Grant Program In addition, the President’s directive allows FEMA to expand the activities eligible for
reimbursement for work conducted after Jan. 21, 2021 and until Sept. 30, 2021. Funding cost-share is not identified in the law TBD TBD. We will monitor for possible
funding opportunities/A TBD FY 2020 - $28 million Yes Anticipate by July 2020 Water/ Infrastructure
USEPA published
allocation formula
with deadline for
public comments
9/3/2020. Expect
formal allocation to
State within next two
months.
The Department of Energy (DOE),
USBR and USEPA
The DOE’s Office of Energy Efficiency is likely to continue to be funded by Congress to
support such efforts as biogas, biosolids and green energy.
Through the WaterSmart program, USBR will
issue solicitations for innovative approaches to
managing water and water treatment through
technology and processes for FY 2020 - $60
million
TBD TBD. We will monitor for possible
funding opportunities
Project Funding Opportunity:
Energy production to reduce
costs of recycled water through
innovative technologies.
Innovative water monitoring
technology that can produce
efficient real time monitoring and
data analysis, Biogas
Management and Use
Improvements.
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
N/A TBD Energy/Water/Infrastructure TBD
USEPA Climate Resiliency TBD TBD TBD
Anticipate that USEPA will issue
FOA's to promote studies and
plans to address resiliency
needs and strategies
We will review the possible funding
opportunity to determine if it is a fit for
the Sanitation District.
Unclear TBD Climate TBD
Community Partnering Program Grant Metropolitan Water District
The primary focus of the Community Partnering
Program (CPP) is sponsorship of water
conservation and water-use efficiency programs
and activities. Applications must be submitted
30 days prior to the start date of the event or
program.
Requests for a maximum $2,000 award will be
reviewed year-round and funds are awarded
throughout the year. Funds are limited,
however, and may be depleted prior to the
ending of this fiscal year (June 30).
$2,000 Yes For Plant No. 1 Signage Applied Match ongoing Education Yes
Mass Timber Competition CalGovOps
The California Government Operations Agency
(GovOps) will award $500,000 in grants as part
of the statewide California Mass Timber
Building Competition. Grants will be awarded to
selected proponent teams presenting viable and
repeatable mass timber solutions for
commercial and multi-family projects in
California. The competition is being hosted by
GovOps and administered by WoodWorks –
Wood Products Council.
$40,000 Yes Headquarters Building Applied No 03/18/19 Environment Yes
Other
Updated 8/23/2021
9/9/2021
1
September 13, 2021
Page 1
Senate infrastructure bill
“Soft” infrastructure bill
FY 2022 appropriations
PFAS/PFOA
Page 2
1
2
LEGISLATIVE AND PUBLIC AFFAIRS COMMITTEE
FEDERAL UPDATE
9/9/2021
2
House Votes September 27, 2021
$11 Billion Clean Water Act State Revolving Fund
49 percent Underserved Communities
$25 Million Workforce Grants
$1 Billion Pretreatment Standards Grants for PFAS Source Control
$125 Million Resilience Grants
$125 Million Alternative Water Supply
Cybersecurity Grants
Page 3
$3.5 Trillion Resolution—No unanimous Democrat Support
Reconciliation September 15, 2021?
Funding
Wastewater Infrastructure
Water Recycling And Desal
Cyber Security
Climate
No Policy
Tax Implications for “SALT”
Page 4
3
4
9/9/2021
3
House Funding Levels Robust
$1.9 Billion State Revolving Fund
$80 Million Water Infrastructure Finance
and Innovation Act
$1 Billion Pretreatment Standards Grants
to POTWs
$248 Million Environmental Justice Grant
PFAS
Research CERCLA Designation
$2.5 Million Biosolids Rules
$800 Million For Water Quality Standards
Page 5
House Passes PFAS Action Act (H.R.
2467) Bipartisan
National Drinking Water Standards
Superfund Designation
$10 Billion Clean-Up Assistance
Grants to Support Pretreatment
Standards
Senate Consideration Unlikely in 2021
Page 6
5
6
9/9/2021
4
Questions
Page 7
7
9/13/2021
1
WWW.TOWNSENDPA.COM
SACRAMENTO • WASHINGTON, DC NORTHERN CALIFORNIA • CENTRAL CALIFORNIA • SOUTHERN CALIFORNIA
TPA Presentation to:
Legislative and Public Affairs
Committee
September 13, 2021
Slide 2
Agenda
Legislative Calendar
Budget Trailer Bills
Bill Status
1
2
T $WNSEND
PUBLIC AFFAIRS
EST TPA 1998
6 SAN
e • • • . e I •
9/13/2021
2
Slide 3
Legislative Calendar
•Legislative Session ended September 10
Floor Session only: August 30 to September 10
•Governor has until October 10 to sign or veto legislation
•Recall election: September 14
•Legislature will return in January 2022
Slide 4
2021-2022 Trailer Bill Status
One-Time Investments: Resources
•Drought Package:Provides approximately $3 billion to address and get ahead of the emerging drought.
•Climate Resiliency Package:Provides approximately $3.7 billion over three years to make needed climate resiliency investments. This is $2.4 billion more than what was proposed in the Governor’s May Revision.
•Wildfire Package: Provides approximately $1 billion over multiple years for various wildfire prevention and response efforts to wildfires.
3
4
9/13/2021
3
Slide 5
2021-2022 State Budget Update – Water and Sanitation
Drought Package: AB/SB 170
• Total of $855 million appropriated in 2021-2022 (Total Water Resilience Package estimated at $4.6 billion)
• $120 million for continued SGMA implementation
• $115 million for groundwater cleanup and recycling
• $30 million to the State Board for PFAS support
• Increases to overall funding amounts from the adopted Budget
Slide 6
2021-2022 State Budget Update – Water and Sanitation
Natural Resources: AB/SB 155
• CEQA exemptions for native fish and wildlife habitat protection projects
• Extends the provisions preventing the discontinuing of water service to customers due to nonpayment to December 31, 2021
• Establishes specific reporting requirements for water extractions and diversions
5
6
9/13/2021
4
Slide 7
AB 361 (Rivas) – Open Meetings/Teleconferences
Details
• Allows local agencies to use teleconferencing for public meetings without complying with specific Brown Act restrictions in certain state and local emergencies.
• Local agencies would be required to declare at a public meeting that in-person meetings would present imminent risks to the health or safety of attendees.
• Includes significant protections for public access and public comment during virtual meetings.
Status
•Currently on the Governor’s Desk
•OC San position: Support
Slide 8
AB 818 (Bloom) – Flushable Wipes
• Reintroduction of AB 1672 (Bloom) from last year.
• “DO NOT FLUSH” labeling and a universal moniker required in accordance with widely accepted voluntary guidelines established by the Association of the Nonwoven Fabrics Industry’s code of practice.
• Adds enforcement provisions including civil penalties and fines.
•Currently on the Governor’s Desk
•OC San position: Support
7
8
9/13/2021
5
Slide 9
Bill Status
Bill Description OCSD Position Status
AB 59 (Gabriel)Would change the statute of limitations for rate protests through judicial proceedings. Would require that fees collected in an excess of the amount needed to provide a service be rebated to ratepayers.
Oppose Two-Year Bill. Will be eligible to return in January 2022
AB 339 (Lee)Would require a local agency to provide a call-in or internet-based service for public meeting. Applies to cities and counties with more than 250,000 people.
Neutral Currently on the Governor’s Desk
AB 622 (Friedman)This bill would require, on or before January 1, 2024, that all washing machines sold as new in California contain a microfiber filtration system with a mesh size of 100 microns or smaller.
Support Two-Year Bill. Will be eligible to return in January 2022
AB 1434 (Friedman) Would revise the indoor residential water use targets to make them more restrictive and ambitious.
Oppose Two-Year Bill. Will be eligible to return in January 2022
Slide 10
Cori Takkinen
Vice President
CTakkinen@townsendpa.com
www.townsendpa.com
Eric O’Donnell
Senior Associate
EODonnell@townsendpa.com
www.townsendpa.com
Thank You
9
10
6 SAN
ORANGE COUNTY SANITATION DISTRICT
T @ WNSEND
PUBLI Aff#IRS
, TPA
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1871 Agenda Date:9/29/2021 Agenda Item No:21.
FROM:James D. Herberg, General Manager
SUBJECT:
STRATEGIC PLAN 2021
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Only.
BACKGROUND
The Orange County Sanitation District (OC San) has updated the 2019 Strategic Plan. The Strategic
Plan is a policy level roadmap which defines the future desired state of the agency and lays out
initiatives to move toward that desired state. The Strategic Plan is intended to be a living document
that is adjusted to address new needs, or regulatory requirements faced by OC San.
The original plan included 14 individual policy areas which comprised the overall Strategic Plan. As
part of the update, and Board Member feedback, a 15th policy area was added to capture the
agency’s organizational outreach and advocacy.
The policy statements were developed by the Executive Management Team based on input
previously provided by Board Members and staff. The Board of Directors’ input and direction drives
the development and updating of the Strategic Plan.
The adopted Strategic Plan will be the basis of Fiscal Year 2022-23 and 2023-24 budget
development.
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents: Strategic Plan
·Sustain 1, 5, 20-year planning horizons
·Build brand, trust, and support with policy makers and community leaders
PROBLEM
The current Strategic Plan was adopted by the Board of Directors in November 2019 and is currently
in effect. The strategic planning process is intended to be reviewed every two years to make
necessary adjustments due to new issues of concern for OC San.
Orange County Sanitation District Printed on 9/22/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1871 Agenda Date:9/29/2021 Agenda Item No:21.
PROPOSED SOLUTION
A draft of the Proposed Strategic Plan 2021 based on feedback from the Board of Directors is
included.
PRIOR COMMITTEE/BOARD ACTIONS
August 2021 - Information Item - Levels of Service
June 2021 - Information Item - Core Values
May 2021 - Strategic Plan Workshop Recap
April 2021 - Special Board of Directors Meeting, Strategic Plan Workshop No. 3
March 2021 - Special Board of Directors Meeting, Strategic Plan Workshop No. 2
February 2021 - Special Board of Directors Meeting, Strategic Plan Workshop No. 1
January 2021 - Steering Committee reviewed the Strategic Plan development outline
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Orange County Sanitation District Proposed Strategic Plan 2021
·Orange County Sanitation District Strategic Plan November 2019
Orange County Sanitation District Printed on 9/22/2021Page 2 of 2
powered by Legistar™
Strategic Plan — 2021 | 1
StrategicPlan
ORANGE COUNTY SANITATION DISTRICT
PROPOSED
’21
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
2 | Strategic Plan — 2021
Strategic Plan — 2021 | 3
Table of Contents
Board of Directors 4
Message from the General Manager 5
Executive Summary 6
Our Mission and Vision 9
Core Values 10
Levels of Service 12
Risk Register 14
Policy Areas 15
Appendix
Business Principles
Budget Control and Fiscal Discipline Policy 24
Asset Management Policy 28
Cybersecurity Policy 31
Property Management Policy 34
Organizational Advocacy and Outreach Policy 36
Environmental Stewardship
Energy Independence Policy 41
Climate and Catastrophic Event Resilience Policy 44
Food Waste Treatment Policy 48
Water Reuse Policy 52
Environmental Water Quality, Stormwater Management, and Urban Runoff Policy 55
Wastewater Management
Chemical Sustainability Policy 60
Biosolids Management Policy 64
Constituents of Emerging Concern Policy 68
Workforce Environment
Resilient Staffing Policy 73
Safety and Physical Security Policy 78
4 | Strategic Plan — 2021
Board of Directors
CITIES ACTIVE DIRECTOR ALTERNATE DIRECTOR
Anaheim Stephen Faessel Jose Diaz
Brea Glenn Parker Steven Vargas
Buena Park Art Brown Connor Traut
Cypress Paulo Morales Anne Hertz
Fountain Valley Patrick Harper Glenn Grandis
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 Jose Medrano
La Palma Marshall Goodman Nitesh Patel
Los Alamitos Mark Chirco Ron Bates
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
AGENCIES
Costa Mesa Sanitary District Robert Ooten Art Perry
Midway City Sanitary District Andrew Nguyen Sergio Contreras
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
Member of the Board
of Supervisors Doug Chaffee Donald P. Wagner
Strategic Plan — 2021 | 5
Message from the GM
The Orange County Sanitation District’s (OC San) resilience and preparedness have been clearly demonstrated over the past year and a half as we continued to deliver our mission to protect public health and the environment, while also planning for the future.
Working through the COVID-19 pandemic, we continued to move forward, making progress on the strategies set by our Board of Directors in our previous Strategic Plans. We even adopted a new logo and name that is reflective of our innovation and culture, changing from OCSD to OC San.
This Strategic Plan, which sets the course for our agency for the next few years, is the result of a Board of Directors‐driven planning process. The plan is reviewed and updated every two years to verify and validate whether the issues, policies, and initiatives are still relevant and appropriate. This year’s update coincided with the addition of eleven new Board Members.
While it may have seemed like inopportune timing to update a plan of this nature, it was actually a great opportunity. The process allowed the new members to become engaged in the important strategic issues facing OC San. This fresh set of eyes created greater clarity and validated the issues and topics being addressed. The Board’s direct input into the Strategic Plan has also created organizational alignment ensuring that staff’s efforts are in line with the Board’s priorities.
I would like to thank our former Board Members for their vision and guidance that set the course we are on today, and our current Board for their trust and confidence giving us the opportunity to grow and excel as we strive to provide industry leading service.
Sincerely,
James D. Herberg General Manager
6 | Strategic Plan — 2021
The Orange County Sanitation District (OC San) is a resource recovery agency focused on providing reliable and cost-effective public services. OC San uses a two-year, four-step management process that creates and maintains vision alignment between the Board of Directors, staff, and the public we serve. It all begins with a Strategic Plan developed by the Board and staff that provides guidance and direction for long-term financial, capital, and operational efforts.
Strategic planning is the first step to define OC San’s ability to have people and assets in place to meet its agreed upon mission. The second step is budget development. The budget document lays out the tactical
planning and resource allocation based on the adopted Strategic Plan. The third step is budget execution which is the day in and day out delivery of services to the public we serve. The final step is reporting on our level of service delivery and goal attainment.
These four steps are repeated every two years to maintain alignment and adjust based on Board Member input, legal and regulatory changes, and the needs of the communities we serve. This management system is intended to carry on over the course of transitioning Board Members and staff to deliver resilient daily services and morph our facilities and systems over time to meet new challenges facing Orange County.
STRATEGIC PLANNING PROCESS
2019 2020 2021 2022 2023 2024
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Strategic PlanDevelopment Budget Development General Manager Work Plan
General Manager Work PlanBudget Update
General Manager Work Plan
General Manager Work PlanBudget Update
Rate Study Prop218
Strategic PlanDevelopment Budget Development
Strategic PlanDevelopment Budget Development
Strategic Plan Executive Summary
Strategic Plan — 2021 | 7
The policy areas from the 2019 Strategic Plan were evaluated and determined to be relevant today, slight modifications were made to address new findings or continue to advance the original goal with new initiatives. We are continuing with four broad categories with 15 policy areas that define our role in the wastewater environment for Orange County.
The areas are:
Business Principles • Budget Control and Fiscal Discipline • Asset Management • Cybersecurity • Property Management • Organizational Advocacy and Outreach
Environmental Stewardship • Energy Independence • Climate and Catastrophic Event Resiliency • Food Waste Treatment • Water Reuse • Environmental Water Quality, Stormwater Management and Urban Runoff
Wastewater Management • Chemical Sustainability • Biosolids Management • Constituents of Emerging Concern
Workplace Environment • Resilient Staffing • Safety and Physical Security
Three workshops were held with the Board of Directors from February to April to introduce and present each area and the corresponding initiatives. Feedback and recommendations were made by the Board leading to revisions of some of the proposed initiatives for each area.
During these workshops, a fifteenth topic was introduced to reinforce the importance of
transparency and communication with our public. Organizational Advocacy and Outreach was added under the category of Business Principles. While OC San already has active communication efforts and programs in place, including it in the Strategic Plan emphasizes to our stakeholders the importance we place on keeping our community informed and involved.
Based on direction from the Board, the Strategic Plan policy papers were finalized and included in the appendix of this report. Each paper includes a policy statement, background information, the current situation, and initiatives to reach the policy goal.
The topics covered in this report will trickle down to supporting documents such as the Budget and General Manager’s Work Plan. The work plan is where we will note measurable results on each goal and the supporting initiatives.
As part of the Strategic Plan, the agency’s Core Values, and Levels of Service (LOS) were also updated to be reflective of the current status of OC San. The Core Values are intended to reflect and guide the culture practiced at OC San. Our LOS are our commitment to our various stakeholders; that includes the public, regulators, our Board, and our employees. As regulations change, technology advances, expectations change, so must our service to the public. Our LOS were updated to more closely align with the Strategic Plan. They reflect our promise to the public to protect public health and the environment by providing them with state-of-the-art service. OC San’s Risk Register was also reviewed and updated to capture the appropriate areas of concern as well as our action plan to mitigate those risks.
8 | Strategic Plan — 2021
Strategic Plan — 2021 | 9
Our Mission
“To protect public health and the environment by providing effective
wastewater collection, treatment, and recycling.”
Our Vision
ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN:
• Providing reliable, responsive, and affordable services in line with customer needs and expectations.
• Protecting public health and the environment utilizing all practical and effective means for wastewater, energy, and solids resource recovery.
• Continually seeking efficiencies to ensure that the public’s money is wisely spent.
• Communicating our mission and strategies with those we serve and all other stakeholders.
• Partnering with others to benefit our customers, this region, and our industry.
• Creating the best possible workforce in terms of safety, productivity, customer service, and training.
10 | Strategic Plan — 2021
Core Values
OC San’s Core Values support the Mission and Vision Statements by expressing the values, beliefs, and philosophy that guides the agency’s daily actions. They help form the framework of the organization and reinforce a professional work ethic. The Core Values were updated this year as part of the overall Strategic Plan update to reflect the agency and workforce we are today. These Core Values more accurately express the philosophy and practice of OC San’s workforce.
Integrity, Inclusion, Honesty, and Respect We aspire to the highest degree of integrity, inclusion, honesty, and respect in our interaction with each other, our suppliers, our customers, and our community. We strive to demonstrate these values in our actions, commitments, and service.
Leadership, Teamwork, and Problem Solving We lead by example, acknowledging the value of our resources and using them wisely to achieve our mission. We strive to reach OC San goals through cooperative efforts and collaboration with each other and our constituencies. We work to solve problems in a creative, cost-effective, and safe manner, and we acknowledge team and individual efforts.
Customer Service, Transparency, and Accountability We are committed to acting in a timely, accurate, accessible, and transparent manner through
excellent customer service. We are committed to act in the best interest of our internal and
external stakeholders.
Resiliency, Innovation, and Learning
We continuously develop ourselves, enhancing our talents, skills, and abilities. We recognize
that only through personal growth and development will we progress as an agency and as
individuals.
Safety
We are committed to providing a safe work environment. We will demonstrate leadership,
promote individual accountability, and participate actively in the advancement of our health
and safety practices.
Strategic Plan — 2021 | 11
12 | Strategic Plan — 2021
Levels of Service
OC San’s Levels of Service (LOS) are the commitment made to our rate payers, regulators, employees, and the Board of Directors on our operational efforts. The LOS have been updated from last year to better align with the Strategic Plan and showcase how the initiatives are being implemented and monitored.
ENVIRONMENTAL STEWARDSHIP LEVELS OF SERVICE
OC San will protect public health and the environment.
• Compliance with Ocean Discharge Permit 100%
• Dry weather urban runoff collected and treated Up to 10 MGD
• Major non-conformance audit findings <5 per permit per audit
• Respond to corrective actions within regulatory timeline for air, solids, and water compliance audits 100%
• Comply with Fleet Air Emission Regulations 100%
• Number of odor complaints under normal operations < 5 events per treatment plant
< 12 events for collection system
• Sanitary Sewer Spills per 100 miles <2.1
• Compliance with core industrial pretreatment requirements 100%
OC San’s effluent, solids and biogas will be recycled.
• Provide specification effluent to Groundwater
Replenishment System
100%
• Beneficially reuse biosolids during normal operations 100%
WASTEWATER MANAGEMENT
OC San will be a good neighbor and will be responsive to its customers.
• Respond to collection system spills within one hour of notification 100%
• Respond to odor complaints Within 1 hour in plantsWithin 24 hours in collection system
• Respond to public complaints or inquiries regarding construction within 24 hours 100%
• Respond to biosolids contractor violations within one
week of violation notice
100%
• Respond to Public Records Act requests within the statutory requirements Within 10 days
• Dig alert response within 48 hours 100%
Strategic Plan — 2021 | 13
OC San will manage its assets to ensure reliability and security.
• Cybersecurity event monitoring and incident handling, percent successful >87%
• Annual real property assessments/inspections 25% of properties
• Annual Inspection, documentation, and evaluation of collection system 70 miles of sewers880 manholes
BUSINESS PRINCIPLES
OC San will exercise sound financial management.
• Annual user fees sufficient to cover 100% of O&M Budget 100%
• Collection, treatment, and disposal costs per
million gallons
Within 10% of budget
• Maintain Credit Rating* (Moody’s, Fitch, S&P)AAA
WORKPLACE ENVIRONMENT
OC San will provide a safe, productive workplace.
• Employee injury incident rate per 100 employees <4.4
• Annual days away from work, restricted activity, or job transfer resulting from a work-related injury <2.5
• Annual training hours per employee 45 hours
*As of 2021
14 | Strategic Plan — 2021
Risk Register
The Risk Register is a biennial report that is prepared for management to use as a reference in the daily activities of OC San and in the preparation and support of the Strategic Plan and General Manager’s Work Plan. It provides an overview, from an internal perspective, of OC San’s risks as identified by the Executive Management Team and Managers.
The 2021 Risk Register was developed by conducting two types of analysis:
• Strengths, Weaknesses, Opportunities, and Threats (SWOT) Analysis focusing on internal areas that OC San actions can directly impact.
• Political, Economic, Social, and Technology (PEST) Analysis recognizing outside influences that OC San needs to be aware of and may affect OC San operations.
The results from the analysis were further explored to identify possible solutions and level of priority and concern. Due to the nature of the information, specific details are limited to reduce OC San risk.
The risks fell across the board with many of the top concerns having to do with staffing and succession management, cybersecurity, supply chain issues, and operating concerns.
The opportunities included asset management, staffing and succession management, working with other agencies, and technology.
The information included in the 2021 Risk Register is a resource for management. It is part of an effort to maintain and improve the operation and status of OC San going forward.
..... ...
') ... . 7~ quality C()n ~ r<)! ~ requ1ren1en ts
~ standards ~olicit·< rules
lavvs -~ COMPLIANC
~ ,.. ,,. '\ ~-~ r-
•~ w
$.ii :; :: ; ,, u :.,
,n .~ '!J ,-.
00 1 ...... , .. ,-I ,.i
action
b11sincss
~ risk
ti/J
Q) -
Strategic Plan — 2021 | 15
The Strategic Plan is broken down into four categories with 15 topic areas. Below are the policy statements and corresponding initiatives to achieve the goals of the plan. The complete policy papers can be found in the appendix.
BUSINESS PRINCIPLES
Budget Control and Fiscal Discipline POLICY STATEMENT
OC San will prudently manage the public
funds that it collects. It will take a long-
term planning approach to its facilities and
rate setting that provides a stable setting
program, prudent reserves, and pay-as-you-
go philosophy for operating and replacement
capital expenses.
Initiatives
• Maintain a stable and fiscally responsible financial plan that is based on long-term planning which supports stable rate setting and a pay-as-you-go philosophy for operating and replacement capital expenses.
• Maintain the current investment policy that prioritizes safety, liquidity and return on investment, in that order.
• Maintain a long-term debt program that will pay off all existing debt issuances by 2044 and avoid new debt to support existing facilities.
• Maintain all Post Employment Benefit funding levels between 95% and 105% while minimizing and/or eliminating Unfunded Actuarially Accrued Liabilities.
Asset Management POLICY STATEMENT
OC San will assess and manage the collection system and treatment plant systems and assets to improve resilience and reliability while lowering lifecycle costs. This will be accomplished through adaptive operation, coordinated maintenance and condition assessment, and planned capital
investment. Staff will balance maintenance, refurbishment, and replacement strategies to maximize useful life, system availability and efficiency.
Initiatives
• Create an annual Asset Management Plan documenting the condition of the collection system and treatment plants, and upcoming maintenance or capital projects.
• Coordinate the efforts of operations, collections, mechanical maintenance, electrical maintenance, instrument maintenance and engineering through process teams to assure OC San’s resources are focused on the high priority work functions.
• Maintain a 20-year forecast of all CIP projects needed to maintain or upgrade OC San’s nearly $11 billion in assets on a prioritized risk basis to establish rate structures.
Cybersecurity POLICY STATEMENT
OC San must maintain adequate cybersecurity (information technology security) techniques that protect computer assets, networks, programs, data, and industrial control equipment from unauthorized access or attacks that are aimed for exploitation.
Initiatives
• Conduct various tabletop exercises to determine the organization’s ability to respond to a targeted cyberattack and to improve the quality of the response, should an attack occur.
• Evaluate, enhance, and monitor network security including activities to protect the usability, reliability, integrity, and safety of the network by developing Security Operations Center capabilities that support continuous monitoring and is responsible for the continuous threat protection process.
Policy Areas
16 | Strategic Plan — 2021
• Conduct a comprehensive third-party cybersecurity operations assessment (Red Team). A thorough Red Team engagement will expose vulnerabilities and risks regarding:
Technology — Networks, applications,
routers, switches, appliances, etc.
People — Staff, independent contractors, departments, business partners, etc.
Physical — Offices, warehouses,
substations, data centers, buildings, etc.
Property Management POLICY STATEMENT
OC San owns and operates assets throughout
its service area located in property owned
in fee, through easements, and in the public
right-of-way. OC San will identify and protect
all of its property rights to assure assets are
not encumbered or encroached upon so
that the facilities may be properly operated,
maintained, upgraded, and replaced.
Initiatives
• Review property rights to identify
encroachments or encumbrances that
restrict operation, maintenance, inspection,
or emergency repair access.
• Work with identified parties to remove encroachments or encumbrances.
• Consolidate real estate and property
management activities to maximize its
resources and effectiveness.
• Augment OC San resources with contracted specialized real estate services to limit the need for additional staffing.
Organizational Advocacy and Outreach POLICY STATEMENT
OC San will create and disseminate information to our stakeholders with an end goal to educate, inform, and garner support for the services provided thus allowing us to operate in a more efficient and effective manner. OC San will deliver messages that are accurate, transparent, and designed to foster
public trust and confidence. Additionally, following legislative oversight will ensure OC San’s interests are explained and protected.
Initiatives
• Relaunch the Vendor Outreach Program with a focus on Orange County firms to enhance the competitive bidding opportunities for OC San. This effort will increase the number of vendor and contractors soliciting OC San projects thus expanding the pool and providing a greater variety of partners.
• Develop an outreach program for member
agencies regarding inflow and infiltration
issues within their sewer system. The
program will aim to educate, inform, and
reduce inflow and infiltration affecting the
local and regional sewer system.
• Develop an educational display in the Headquarters building to illustrate OC San’s reuse and recycling efforts in support of the environment and public health. Display to be revealed when new building is unveiled.
• Commemorate OC San’s achievement of
reusing 100 percent of the reclaimable
flow upon completion of the Groundwater
Replenishment System’s Final Expansion.
Celebrate the milestone and acknowledge
the accomplishment with staff and
stakeholders.
• Actively monitor and engage regulatory and legislative activity across California and Washington, D.C. And take appropriate action in support of or opposition to, legislative and regulatory initiatives affecting OC San and the wastewater industry. This includes using Monitoring and Analysis, Advocacy Days, Position letters and Funding Requests (as deemed suitable).
Strategic Plan — 2021 | 17
ENVIRONMENTAL STEWARDSHIP
Energy Independence POLICY STATEMENT
OC San will strive to be a net energy exporter. Electrical, thermal, and methane gas generation will be maximized. Energy utilization will be minimized using sound engineering and financial principles.
Initiatives
• Maximize the anaerobic digestion conversion of organics to methane through receipt of food waste and operational techniques.
• Investigate and install energy storage and photovoltaic systems where practical to achieve energy independence/resilience.
• Continue to support the conversion of biomethane into electricity and heat for
process use. Improve systems as necessary
to comply with air regulations.
• Pursue technology innovation to reduce energy use, reduce transportation energy impacts, and reduce greenhouse gas impacts.
Climate and Catastrophic Event Resilience Policy POLICY STATEMENT
OC San aims to design, maintain, and operate valuable wastewater assets that withstand or adapt to adverse conditions in a reasonable manner that is both cost-effective and sustainable for present and future generations. These adverse conditions include drought, heavy rains, flooding, sea level rise, earthquakes, tsunamis, extreme heat, wildfires, pandemic, and electrical grid interruptions.
Initiatives
• Complete an engineering study of the seismic vulnerabilities of the treatment plants. Incorporate necessary upgrades into future capital improvement projects.
• Complete the biannual high flow exercise
to assure readiness for a high flow event.
Maintain a higher level of readiness October 15 through March 15 and in advance of predicted significant rain events.
Food Waste Treatment POLICY STATEMENT
The State of California limits the volume of organic waste that may be diverted to landfills. OC San will collaborate with the County of Orange, other local agencies, and waste haulers to find ways to beneficially reuse food waste, a type of organic waste, to assist cities in our service area in meeting their diversion requirements while increasing OC San’s energy production.
Initiatives
• OC San will accept a preprocessed food waste slurry from contracted waste haulers that will be fed to existing anaerobic digesters. OC San will charge a tipping fee to offset its costs for capital construction, operations, handling, maintenance, and biosolids disposal.
• Design, build, and operate a food waste
receiving station. Create a specification for
food waste slurry and contract with solid waste
haulers to receive and process food waste.
Water Reuse POLICY STATEMENT
OC San will seek to beneficially reuse all
reclaimable water for potable, industrial,
irrigation, and environmental uses.
Initiatives
• Support the completion of the final phase
of the Groundwater Replenishment System
and maximize reclaimable wastewater
availability to the Orange County Water
District.
• Support Green Acres project water production to provide reclaimed water for industrial and irrigation uses.
18 | Strategic Plan — 2021
Environmental Water Quality, Stormwater Management and Urban Runoff POLICY STATEMENT
OC San will collaborate with regional
stakeholders to accept up to ten million
gallons per day of dry weather urban runoff
at no cost to the dischargers through its
permit-based Dry Weather Urban Runoff
Diversion Program (DWURD Program). The
primary objective of the DWURD Program is
to improve water quality in streams, rivers,
and beaches in OC San’s service area without
adversely impacting OC San’s occupational
safety, collection and treatment systems,
reuse initiatives, or permit compliance.
Unauthorized discharge of urban runoff to
OC San is strictly prohibited.
Initiatives
• Issue dry weather urban runoff connection
permits to accept up to a total of ten
million gallons per day of controlled
discharge of dry weather urban runoff
where existing conveyance capacity exists,
and the constituents within the flow will not adversely impact OC San.
• Safeguard OC San’s sanitary sewer system
against uncontrolled and unregulated
discharge by supporting responsible
industry practices for flow management
and urban runoff pollutant reduction at
the source. Utilize OC San’s pretreatment
expertise to support effective urban runoff
best management practices and special
purpose discharge requests among OC San’s
regional stakeholders.
• Conduct a comprehensive study of the feasible opportunities for cooperative projects for urban runoff diversions to OC San to improve water quality and increase water recycling by maximizing the useful capacity of local collection systems, OC San treatment systems, and OCWD recycling and recharge systems.
• Support responsible and practicable urban
runoff management and reuse legislations
and regulations.
Strategic Plan — 2021 | 19
WASTEWATER MANAGEMENT
Chemical Sustainability POLICY STATEMENT
OC San has a need to use chemicals in its treatment process to improve plant performance, reduce odor and corrosion potential, and meet its regulatory requirements. These commodity chemicals are provided by outside vendors through the purchasing process. Some of these chemicals are subject to price swings due to market condition changes such as energy cost impacts, raw material cost changes, commercial competition changes, and transportation cost volatility. OC San will
identify chemicals key to its operation,
investigate the market risks for those
chemicals and devise strategies to mitigate
identified risks to availability and pricing.
Initiative
• Reduce the exclusive reliance on particular
chemicals and individual vendors to
establish flexibility to utilize other
chemicals/processes to accomplish
operational objectives.
Biosolids Management POLICY STATEMENT
OC San will remain committed to a
sustainable biosolids program and will
beneficially reuse biosolids in accordance
with Resolution No. OC San 13-03 and the 2017
Biosolids Master Plan.
Initiatives
• Proceed with implementation of new
thermophilic biosolids facilities at Plant No. 2
to improve OC San’s operational resiliency
against seismic events while enhancing
biosolids quality and marketability.
• Continue to explore biosolids thermal conversion technology for energy generation and destruction of persistent contaminants.
• Engage with local, state, and federal
agencies to ensure that biosolids will
continue to be safely and legally used as a
soil amendment.
• Stay abreast of new biosolids management options, technologies, and biosolids recycling and renewable energy partnerships in Southern California, with
• • •
20 | Strategic Plan — 2021
special emphasis on technologies that address the removal, sequestration, and destruction of contaminants of emerging concern.
Constituents of Emerging Concern POLICY STATEMENT
OC San will partner with other agencies, associations, and institutions to support the use of sound science to inform policy and regulatory decisions on constituents (or contaminants) of emerging concern (CECs) at the federal, state, and regional levels. Staff will obtain and maintain current knowledge on CECs under regulatory consideration, including occurrence, analytical methods, regulations, and treatment to support OC San’s mission and regulatory compliance.
Initiatives
• Actively engage water and wastewater stakeholders to stay abreast of the scientific progress and any potential operational and financial impacts of CECs and provide timely briefings to OC San’s Executive Management Team and Board of Directors to facilitate informed decision making.
• Develop capacity to identify, detect,
quantify, and characterize CEC sources
throughout the service area and treatment
process to promote source reduction, treatment effectiveness, communication of credible risks, and responsible reuse and disposal.
• Proactively establish internal expertise and
develop laboratory capability to research
the potential impact of CECs on beneficial
reuse of water and biosolids.
OC San will use science-based knowledge
to help shape CEC legislation and
regulations to protect the public health
and environment.
• In the absence of promulgated regulatory limits for specific CECs, OC San will work with regulatory agencies to establish interim source control measures to safeguard its water and biosolids reuse initiatives and ocean discharge against potential adverse impacts.
Strategic Plan — 2021 | 21
WORKPLACE ENVIRONMENT
Resilient Staffing POLICY STATEMENT
OC San will attract and retain high-quality talent to support its mission and continue to be an industry leader. It will safeguard leadership continuity and support effective performance of the organization by proactively monitoring the changing work environment and requirements to ensure employee development programs are relevant and facilitate building a skilled bench of readily available successors for key leadership and mission-critical positions.
Initiatives
• Maintain and enhance current employee development programs that are in place to provide the direction to identify, develop and select the next generation of prepared, capable, and engaged leaders, which include:
- Vocational/Professional Student Internship
Programs
- Employee Development Programs
- Workforce Vulnerability Assessments
- Talent Readiness Assessments
- Orange County Sanitation District University
(OC San “U”)
• Continue to build the OC San “U” program
and evaluate various options to partner
with member agencies to share content and
interactive development opportunities.
• Continue to build on the employee development opportunities to enhance organizational awareness and strengthening knowledge, skills, and abilities in the areas of OC San business systems, leadership, technology, and communication. Additionally, Human Resources will partner with other member agencies to provide and host training and development programs to foster collaboration and innovation.
• Conduct a Classification & Compensation
study to ensure job classifications accurately
depict the work being performed, to set
compensation levels accordingly, and stay abreast of market benefit and salary data.
Human Resources and the Board-approved
Consultant will work with stakeholders to
complete an organization-wide Classification
& Compensation Study. It will incorporate
feedback on survey agencies solicited from the
Board over the past year and union feedback
through meet and confer in upcoming labor
negotiations.
Safety and Physical Security POLICY STATEMENT
OC San will ensure the safety and security of employees, contractors and visitors through standard practices, policies, and procedures that support a safe and secure environment, provide an appropriate level of security and safeguard OC San’s property and physical assets.
Initiatives
Safety• Complete outstanding safety projects, improvements, and corrective actions to apply and obtain Cal/OSHA Voluntary Protection Program (VPP) status; and continue to foster a culture where employees are accountable for their safety as well as the safety of others.
Emergency Management • Support facility and countywide emergency
preparedness, response, and recovery efforts
by partnering with entities, such as the Water
Emergency Response Organization of Orange
County (WEROC), Orange County Sheriff’s
Department, and local fire departments to plan
and continue to conduct disaster preparedness
training and exercises.
Security• Continually identify and assess vulnerabilities and implement solutions through the Security Committee and third-party assessments. Prevent/mitigate security breaches using physical security systems such as video monitoring, access control, and armed security patrols.
22 | Strategic Plan — 2021
.. ,
Strategic Plan — 2021 | 23
Business Principles
APPENDIX
24 | Strategic Plan — 2021
Budget Control and Fiscal Discipline Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will prudently manage the public funds that it collects. It will take a long-term planning approach to its facilities and rate setting that provides a stable setting program, prudent reserves, and pay-as-you-go philosophy for operating and replacement capital expenses.
Background
OC San’s annual budget is approximately $500 million. These funds support OC San’s Operating, Capital, and Debt expenditures. OC San focuses its fiscal policy around three distinct areas, (1) Revenues, (2) Portfolio Management and (3) Debt Management and these areas are described in the Budget, Investment Policy and Debt Policy, all of which are updated annually.
Current Situation
1) Revenues
Most of OC San’s revenue is generated by user fees and charges. Currently, OC San fees are in the lower third of its comparison agencies.
OC San’s revenues come from three general areas: Fees and Charges (74%), Property Taxes (21%) and other smaller revenue sources (5%).
Fees and Charges: User fees are ongoing fees for services paid by Single Family and Multifamily customers connected to the sewer system. Also included in this category are Permit Fees (User fees paid by large industrial and commercial business owners connected to the sewer system and Capital Facility Capacity Charges (CFCC) (a one-time charge imposed at the time a newly constructed building or structure is connected to the OC San system. The OC San policy has been to focus on cost recovery while keeping fees as low as possible.
Property Taxes: OC San receives a share of the basic property tax levy proportionate to what was received in the 1976 to 1978 period less $3.5 million allocated to school districts. These funds are dedicated to the payment of debt service.
Other Revenue: Other Revenue includes Interest Earnings, Intra-District Transfers, and small revenue sources.
2) Portfolio Management
The OC San Investment Policy is governed by three tenets:
A. Safety: The safety and preservation of principal is the foremost objective of the investment program. Investments shall be selected in a manner that seeks to ensure the preservation of capital in the overall portfolio. This will be accomplished through a program of diversification and maturity limitations.
B. Liquidity: The investment program will be administered in a manner that will ensure that sufficient funds are available for OC San to meet its reasonably anticipated operating expenditure needs.
C. Return on Investments: OC San’s investment portfolio will be structured and managed with the objective of achieving a rate of return throughout budgetary and economic cycles, commensurate with legal, safety, and liquidity considerations.
Strategic Plan — 2021 | 25
OC San’s investments are separated into two distinct portfolios, Long-term and Short-term, with a primary focus on the Long-term portfolio.
The Long-term portfolio always focuses on four elements: duration, sector allocation, term structure, and security selection.
Duration
• Typically, OC San keeps the duration of a portfolio ‘close’ to the benchmark duration as we feel the benchmark duration is consistent with the risk tolerance of the strategy.
• The investment policy of OC San stipulates the average duration must not exceed 60 months and be within 80-120% of the benchmark.
• Historically, the deviation of the long-term portfolio versus the benchmark is close to 5%. Large deviations in the duration of the portfolio compared to the benchmark are an anomaly.
Sector Allocation
• OC San takes an active approach to asset allocation, differentiating our holdings versus the benchmark, with typically a modestly higher risk exposure compared to the benchmark.
• Some of the asset classes we find more attractive in the current investing environment include Corporate notes, Asset Backed Securities, and Treasury notes relative to the Agency and Supranational sectors.
• The sector allocation of the portfolio will evolve over time as our outlook for the various eligible investment options changes.
Term Structure
• OC San manages the term structure of the portfolio by focusing on either a bullet, ladder, or barbell structure, relative to the benchmark.
• For most of 2019, the structure was gravitating towards more of a bullet structure in light of the change in the yield curve, with short-term interest rates moving higher at a greater velocity than longer maturity securities.
• Currently, with the yield curve very flat, we are migrating back towards more of a barbell structure, with new purchases focused at the short and long end of the eligible maturity distribution. We also find the middle of the maturity distribution, near the three-year maturity point, to be the most expensive from an absolute and relative value perspective, further supporting the barbell structure.
Security Selection
• Within the Corporate and Asset Backed sector, the Chandler team focuses on adding stable to improving credits to be consistent with the overall investment objective of safety, liquidity, and return.
- As a Corporate holding becomes more seasoned with a short maturity, it is often utilized as a ‘source of funds’ to facilitate new holdings in the portfolio.
- Typically, Asset Backed securities are held to maturity, but in the event of a liquidity need and/or a deteriorating credit situation, we would look to reduce the exposure.
26 | Strategic Plan — 2021
• OC San allocates to the Agency and Supranational asset classes when we find the spread over like maturity Treasury notes to be attractive.
- Considering the lack of issuance in the Agency sector since the financial crisis, the relative value of the sector has become more challenging.
- OC San has a core view that the Supranational Asset class should offer a modest spread concession to the Agency sector, and the team is typically active in the sector when the additional spread pick-up is compelling.
• Across all asset classes, OC San will remove exposure to a security that is faced with a deteriorating credit situation and/or trading at an irrational valuation where a swap into an alternative security will be beneficial to the portfolio over a reasonable investment time horizon.
3) Debt Management
Due to the magnitude of the capital improvement program, OC San has utilized a combination of user fees, property taxes and debt to meet its total obligations and maintain generational equity.
It is OC San’s policy not to issue any new additional debt for any existing obligations. However, OC San will actively review opportunities to refinance existing debt where possible, provided the new refinancing results in a lower total cost and/or shortens the length of the obligations.
The primary debt financing mechanism used is Certificates of Participation (COP). COPs are a repayment obligation based on lease or installment sale agreements. As of July 1, 2020, the total outstanding COP indebtedness was $940 million with a blended interest rate of 3.05%. It is anticipated that the debt will be paid off by 2044.
Initiatives to Support Progress Toward the Policy Goal
• Maintain a stable and fiscally responsible financial plan that is based on long-term planning which supports stable rate setting and a “pay-as-you-go” philosophy for operating and replacement capital expenses.
• Maintain the current investment policy that prioritizes safety, liquidity and return on investment, in that order.
• Maintain a long-term debt program that will pay off all existing debt issuances by 2044 and avoid new debt to support existing facilities.
• Maintain all Post Employment Benefit funding levels between 95% and 105% while minimizing and/or eliminating and Unfunded Actuarially Accrued Liabilities.
Strategic Plan — 2021 | 27
28 | Strategic Plan — 2021
Asset Management Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will assess and manage the collection system and treatment plant systems and assets to improve resilience and reliability while lowering lifecycle costs. This will be accomplished through adaptive operation, coordinated maintenance and condition assessment, and planned capital investment. Staff will balance maintenance, refurbishment, and replacement strategies to maximize useful life, system availability and efficiency.
Background
OC San is a regional governmental agency principally chartered to protect the public health through collection and treatment of wastewater. The governing Board of Directors has defined this role to include the recovery and utilization of resources from wastewater for the public good as a part of that mission. The environmental impact mitigation of the human activity of 2.6 million people and the natural drainage of the 471 square miles OC San serves is our principal concern.
OC San owns and operates extensive facilities to achieve its mission. OC San estimates the replacement value of the civil, mechanical, and electrical assets in its collection system, Plant No. 1 in Fountain Valley, and Plant No. 2 in Huntington Beach to be nearly $11 billion. OC San has been building the piping, pumping, and treatment infrastructure it utilizes for more than 65 years. It is necessary to expand, renew, replace, demolish, and rebuild components of the system to deal with wear and tear and meet new challenges.
The early years for OC San were characterized mostly by capacity expansion to meet the challenges of increased flows as the county grew. The late 1970s to the 2000s were more defined by improved levels of treatment. The last ten years have been focused on increasing the level of resource reuse. One of the key success factors for OC San has been the ability to upgrade and repurpose its operating facilities to accomplish high levels of treatment and reuse.
Current Situation
OC San is a highly planned, forward-looking organization. The collection system and each of the treatment plants are broken down into granular functional parts. Each part is well defined and future requirements are estimated. OC San has a detailed understanding of what is owned, what condition it is in, and how it is capable of performing.
The collection system is made up of independent pipe networks that were installed by the former independent sanitation districts to deliver flow to the joint treatment works. Generally speaking, the natural watershed drainages in the service area are served by major trunk sewer systems. OC San has worked with member city and agency staff to understand future development plans, flow estimates, and has collected historical inflow and infiltration rates during wet weather events to assure adequate flow carrying capability exists in each trunk sewer system. OC San also factors in the effects of drought and lower domestic water usage rates to make sure the sewers operate properly at low-flow rates.
The treatment plants are broken down into the discrete process units that make up the whole. Each plant has a headworks unit that brings in flow and does preliminary treatment, a primary treatment unit which does gravity settling, multiple biological secondary treatment systems, solids handling and dewatering, power generation and distribution utilities, water and air
Strategic Plan — 2021 | 29
system utilities, and an outfall system to release treated water to the ocean. Each plant can treat 320 million gallons per day of wet weather flow, but only 185 million gallons total on average is treated. OC San must always maintain the ability to treat both the average flow and peak wet weather flow.
OC San understands that every asset has an expected life. Electrical systems are generally limited by component obsolescence to 20 years of life. Mechanical and coating systems are also generally limited by erosion, corrosion, and wear to 20 years of life. Civil structures and pipes are generally limited to 60 to 80 years of life if maintained on a regular basis.
With this in mind, OC San has created a Facilities Master Plan that plans to renew or replace facilities on this regular basis. Collection system projects are driven by growth projections or condition findings. Pipes are upsized or renewed based on flow projections, corrosion observation, coating system failure, or the ability to increase reclamation. The 15 regional pump stations are renewed on a more frequent basis due to the mechanical wear and tear and electrical component obsolescence needs, about every 25 years.
The master plan for the treatment plants is much more dynamic. In addition to the electrical, mechanical, and civil asset considerations, there is also the need to meet new requirements. The new requirements are driven by regulatory agencies or by the Board of Directors to change a discretionary level of service. Examples include: capacity demands (more water, more solids), lower discharge requirements (lower BOD/TSS to the outfall, lower nutrients to the ocean), more water for reclamation, better energy conversion of solids, and many more. The 2017 Facilities Master Plan took a snapshot in time looking at the anticipated needs and levels of service to lay out a detailed project plan to morph OC San infrastructure over time to meet the expectation. Renewal or replacement projects with costs and schedules were laid out for each individual unit of the treatment plants to address capacity, condition, level of service, and anticipated new regulatory drivers.
Future Policy Statement
OC San will continue to invest in the infrastructure necessary to meet its mission. OC San will seek to provide its required level of service at the minimum lifecycle cost for its collection and treatment systems. The 2017 Master Plan was the snapshot basis of the Capital Improvement Plan, but the Asset Management Plan is the means to update and modify the Capital Improvement Plan to meet new requirements and conditions as time goes by.
OC San will understand in a transparent way: what it owns, the condition of those assets, the capacity of collections and treatment required, the level of service required by its regulators and Board of Directors and will anticipate new regulations that may require system improvement. This understanding will drive coherent operations, targeted maintenance, and capital investment strategies to assure resilient, lowest lifecycle cost compliance with the requirements.
Operations is committed to optimizing the operation of the systems to extend equipment life and minimize energy and chemical utilization, while meeting all regulatory and level-of-service requirement. Maintenance is committed to maintain the installed assets in a ready state for operations. Maintenance will seek to balance individual component preventive maintenance, repair, and renewal in harmony with the Capital Improvement Program. The Capital Improvement Program is based on the Master Plan, modified by the annual Asset Management Plan, and will execute the projects to install, renew, or replace trunk sewers or treatment plant units on a scheduled basis.
30 | Strategic Plan — 2021
Asset Management at OC San is the living management of the operation strategies, maintenance plans, and implementation of the Capital Improvement Program. OC San will find creative ways to maximize asset life or meet new capacity or level of service goals through operations and maintenance. OC San will annually reassess its condition, capacity, level of service, and regulatory conditions to drive operations and maintenance practices and modify the Capital Improvement Program projects.
Initiatives to Support Progress Toward the Policy Goal
• Create an annual Asset Management Plan documenting the condition of the collection system and treatment plants, and upcoming maintenance or capital projects.
• Coordinate the efforts of operations, collections, mechanical maintenance, electrical maintenance, instrument maintenance and engineering through process teams to assure OC San’s resources are focused on the high priority work functions.
• Maintain a 20-year forecast of all CIP projects needed to maintain or upgrade OC San’s nearly $11 billion in assets on a prioritized risk basis to establish rate structures.
Strategic Plan — 2021 | 31
Cybersecurity Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) must maintain adequate cybersecurity (information technology security) techniques that protect computer assets, networks, programs, data, and industrial control equipment from unauthorized access or attacks that are aimed for exploitation.
Background
Developing an effective, sustainable cybersecurity program is a pressing challenge for organizations of all sizes. The reasons behind the scope of the challenge are many. Cyber risk continues to grow at an exponential rate with routine attacks from nation states, criminal elements, hacktivists, and insider threats. The bottom line is cybercrime pays. The booming cybercrime economy is productizing malware and making cybercrime as easy as shopping at Amazon. With this easy access to cybercriminal tools and services, enterprises are experiencing rapid increases in the volume, scale, and sophistication of cyberattacks. Complex and dynamic information security disciplines are subject to continuous changes in the business, technology, and threat environments. Many organizations will struggle to implement security programs that support continuous improvements in this challenging environment.
Current Situation
OC San has evolved over recent years from dedicating less than half of a position towards cybersecurity, to one position, to currently two full-time positions. OC San’s cybersecurity portfolio consists of strategic policy management, defense in depth practices, periodic risk assessments, ongoing awareness communication and operational (e.g., security monitoring and incident response, threat and vulnerability management, user provisioning) processes. For example:
• Cybersecurity Awareness and Training Program - OC San understands that our employees are our best line of defense in protecting and defending our enterprise from attack. We have built a comprehensive security awareness program by focusing on four critical functions: phishing attack simulations and reporting, quarterly education requirements, targeted training for IT developers and SCADA engineers, and pervasive communications utilizing internal communication tools.
• Vulnerability Management - IT staff subscribe to and monitor security advisories and threat bulletins from Microsoft, US-CERT, ICS-CERT, KnowBe4, Cisco, and other vendors to understand and manage new vulnerabilities. All internet accessible servers and applications are scanned weekly for vulnerabilities and remediated, as necessary. Microsoft operating system and application patches are deployed monthly while third party updates are deployed weekly. We use a vulnerability platform for continuous assessment of our security and compliance posture.
• Intrusion Detection and Response - We have implemented several security solutions to be able to detect, prevent and respond to malicious network activity. These include firewalls, intrusion prevent systems, web security gateway, and next-generation anti-malware. In addition, we also have user behavior analysis tools to identify insider threats and ransomware activity.
• Privileged Access Management Program - We use a privileged access management solution to remove and manage local administrative rights on workstations/servers to prevent lateral
32 | Strategic Plan — 2021
movement. The solution is also used to protect, control, and monitor privileged access across files and systems.
• Backup and Restore Capabilities — IT practices a 3-2-1 backup strategy:
3 – Keep three copies of critical data 2 – Have your data on two types of media 1 – One copy must be offsite and offline
Restores are performed on at least a weekly basis in response to customer incidents. Disaster
Recovery Testing is performed monthly by selecting a major system and testing restore
capabilities of that system to our secondary treatment facility, as well as our remote site. We
sandbox the restores and provide access to our application subject matter experts to conduct
application specific testing. These tests are logged and kept for auditing and management
purposes.
• Security Incident Response — A security incident response plan is an organized approach
to handle a cyberattack. We have developed an incident response plan, playbooks, and
procedures for various attacks as well as trained IT security staff. In addition, there are external
contacts we can call for assistance including the FBI, Department of Homeland Security and
organizations that specialize in incident response like Mandiant, Cylance, and Microsoft.
• Security Assessments — The purpose of a security assessment is to identify the
current security posture of a system, network, or organization. The assessment provides
recommendations to improve the security posture by mitigating identified risks. Our goal is
to do one or two security assessments per year.
Future Policy Statement
The main objective of our information security program is the establishment of a continuous,
iterative regimen of planning, building, running, and governing security capabilities that are
derived from business requirements. Our security program cannot be a static entity. It must
be adapted and continuously refined to keep pace with the ever-changing threat environment
and changes in how OC San adopts digital business practices. Cybersecurity incidents
are inevitable. Mistakes and/or a lack of preparation in the response can have serious
repercussions. The ability of an organization to respond effectively to a security incident is a
direct result of the time spent preparing for such an eventuality. If you fail to prepare, then you
effectively prepare to fail. OC San will be prepared. This will be accomplished by the following
proposed initiatives.
Initiatives to Support Progress Toward the Policy Goal
• Conduct various tabletop exercises to determine the organization’s ability to respond to a
targeted cyberattack and to improve the quality of the response, should an attack occur.
• Evaluate, enhance, and monitor network security including activities to protect the usability,
reliability, integrity, and safety of the network by developing Security Operations Center
capabilities that support continuous monitoring and is responsible for the continuous threat
protection process.
• Conduct a comprehensive third-party cybersecurity operations assessment (Red Team). A
thorough Red Team engagement will expose vulnerabilities and risks regarding:
- Technology — Networks, applications, routers, switches, appliances, etc.
- People — Staff, independent contractors, departments, business partners, etc.
- Physical — Offices, warehouses, substations, data centers, buildings, etc.
Strategic Plan — 2021 | 33
'•
•• -
-c,_ "' .I .... • • -· ~ •• • • •' I •• C 0 • • .. , ..
/ • . "L •••• • • ·-,~✓ ., / • ' l " .... ~ .,,,,.. •• • .,. !~ . • • • r
34 | Strategic Plan — 2021
Property Management Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) owns and operates assets throughout our service area located in property owned in fee, through easements, and in the public right-of-way. OC San will identify and protect all of its property rights to assure that our assets are not encumbered or encroached upon so that the facilities may be properly operated, maintained, upgraded, and replaced.
Background
OC San owns and operates more than $11 billion in assets. A portion of those assets include buildings, easements, rights-of-way, and other encroachments. OC San has recently sold and purchased property to support its efforts. OC San does not maintain expertise in the real estate discipline. Since these transactions are limited and not core to OC San, it has been determined that it is more cost effective to augment OC San resources with contracted specialized real estate services.
Current Situation
OC San manages its physical property and property rights. Additionally, it manages landscaping, building maintenance, security and building maintenance. OC San staff primarily manages these activities.
Future Policy Statement
OC San will effectively manage its assets and proactively research and maintain all encroachments, encumbrances, and easements. Many of these activities are not core to OC San’s mission. When prudent, OC San will augment resources with contracted specialized real estate and property management services. Although OC San is not in the business of managing property as a revenue enhancement or core activity, it does own and operate millions in physical property and property rights.
Initiatives to Support Progress Toward the Policy Goal
• Review property rights to identify encroachments or encumbrances that restrict operation, maintenance, inspection, or emergency repair access.
• Work with identified parties to remove encroachments or encumbrances.
• Consolidate real estate and property management activities to maximize resources and effectiveness.
• Augment OC San resources with contracted specialized real estate services to limit the need for additional staffing.
Strategic Plan — 2021 | 35
; '
•
' ' ' .
36 | Strategic Plan — 2021
Organizational Advocacy and Outreach Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will create and disseminate information to our stakeholders with an end goal to educate, inform, and garner support for the services provided, thus allowing us to operate in a more efficient and effective manner. OC San will deliver messages that are accurate, transparent, and designed to foster public trust and confidence. Additionally, following legislative activity will ensure OC San’s interests are explained and considered.
Background
OC San provides regional sewer service for 2.6 million people living, working, and commuting in central and northwest Orange County. The various stakeholders include over 600 employees, 50 local elected officials appointed to our Board of Directors, regulators, policy makers, and the public. It is critical for OC San to have a multi-pronged outreach program to reach the intended audiences and to gain support for OC San’s mission.
OC San provides services and tools to effectively communicate about the various programs that help achieve its mission. These programs include:
• Student Educational Outreach
Promoting and educating the youth within our service area on OC San’s mission and the essential services provided. Reaching out to students allows for future generations to be aware of the environmental impact we each make and what we can accomplish working together. This knowledge will help our future generations to take action and make positive changes. It also introduces them to an industry they may be unaware of as a career choice. We do this through programs such as Inside the Outdoors which goes directly into classrooms to teach the wastewater treatment process; school-based plant tours that give them an inside view into a treatment plant and how the system works; events such as the Youth Environmental Summit (YES) which provides an opportunity to reach thousands of local children in a short amount of time with clear and direct messaging; and contests such as the Public Service Announcement, which is an incentive for students to get involved in developing messages for environmental issues.
• Infrastructure Outreach
OC San has $11 billion in infrastructure that must be designed, operated, maintained, replaced, and enhanced to continue providing the essential service of protecting public health and the environment. Forming a positive presence in the community prior to the start of construction projects or maintenance activities is imperative to build trust, understanding, and support for the necessary construction. This is done through an extensive outreach program that develops and implements communication tools, such as dedicated Community Liaisons, construction webpages, collateral material, and presentations, to engage the communities affected by OC San Construction projects. Over the next fiscal year about two dozen projects will be in construction with various degrees of public impacts.
• Employee Engagement
Open and honest communication with our employees creates a positive and trusting environment, thus resulting in a more engaged workforce and ambassadors for our
Strategic Plan — 2021 | 37
agency. OC San creates employee engagement by utilizing various communication methods to share agency-wide messages. A diverse toolkit of communication pieces allows messages to be delivered to over 600 staff with various professional backgrounds, work shifts, work locations, and access to online materials. This toolkit of communication pieces includes The San Box (intranet), Pipeline Newsletter, Digester (messaging piece), Three Things to Know email, etc.
• Brand Recognition
As an industry leader, OC San must ensure its brand and image are portrayed accurately and positively. A cohesive voice, message, look, and feel are critical to maintaining a positive public perception and the trust granted to us by the community we serve and the stakeholders we work with. To build and maintain a positive image, we engage in general outreach efforts such as plant tours; community newsletters; a Speakers Bureau Program (which allows us to go into the community and meet with various groups to inform them of who we are and what we do); an informative and educational website, an active social media presence; and the development of programs such as Wastewater 101 Academy which provides an opportunity to s howcase OC San’s operations and initiatives for our ratepayers, fellow agencies, and influential public.
• Regulatory and Legislative Advocacy
OC San also recognizes the need for an active regulatory and legislative advocacy program at the local, state, and federal levels to ensure that the interests of the rate payers and the Board of Directors are communicated, understood, and supported. Towards this end, the legislative and regulatory team actively monitors and engages officials across California and in Washington, D.C., and takes appropriate action in support of, or opposition to, legislative and regulatory initiatives.
Current Situation
OC San is an industry leader involved in innovative and significant programs. However, it is most often seen as a silent utility due to its consistent attainment of its mission. News coverage for a wastewater resource recovery agency is most often about a mission failure. People tend not to think about their wastewater or where it goes until a beach is closed or a spill occurs.
In addition, OC San has no direct connection to its rate payers. User fees are paid via property tax bills thus eliminating an opportunity to reach our customers directly. This ultimately results in a limited understanding of OC San, what we do, and the important service provided to the community.
To that extent, OC San’s outreach efforts are imperative to positively inform and educate the public we serve about the value we provide, including policy makers and regulators.
Future Policy Statement
OC San will creatively and effectively develop communication tools and tactics to inform and educate our various stakeholders. As a silent utility, is it imperative that OC San connect with the public we serve in a clear and transparent way to create a bank of trust, and garner support for the programs that allow us to continue protecting the public health and the environment.
38 | Strategic Plan — 2021
OC San will maintain an active legislative and regulatory outreach program to help inform
and guide leaders to ensure the wastewater industry is able to protect the public health and
environment in a cost-effective way.
Initiatives to Support Progress Toward the Policy Goal
• Relaunch the Vendor Outreach Program with a focus on Orange County firms to enhance the
competitive bidding opportunities for OC San. This effort will increase the number of vendors
and contractors soliciting OC San projects, thus expanding the pool of service providers thus
generating a greater variety of partners.
• Develop an outreach program for member agencies regarding inflow and infiltration issues
within their sewer systems. The program will aim to educate, inform, and reduce inflow and
infiltration affecting the local and regional sewer system.
• Develop an educational display in the Headquarters building to illustrate OC San’s reuse
and recycling efforts in support of the environment and public health. Display to be revealed
when new building is unveiled.
• Commemorate OC San’s achievement of reusing 100 percent of the reclaimable flow upon
completion of the Groundwater Replenishment System’s Final Expansion. Celebrate the
milestone and acknowledge the accomplishment with staff and stakeholders.
• Actively monitor and engage regulatory and legislative activity across California and
Washington, D.C., and take appropriate action in support of, or opposition to, legislative
and regulatory initiatives affecting OC San and the wastewater industry. This includes using
Monitoring and Analysis, Advocacy Days, Position letters and Funding Requests (as deemed
suitable).
Strategic Plan — 2021 | 39
1
:._,_..:..::.._... _ _;__ ___ ~•
40 | Strategic Plan — 2021
Environmental Stewardship
Strategic Plan — 2021 | 41
Energy Independence Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will strive to be a net energy exporter. Electrical, thermal, and methane gas generation will be maximized. Energy utilization will be minimized using sound engineering and financial principles.
Background
OC San must balance the impacts of its operation between land, air, and water. For example, as a water focused utility, OC San seeks to produce the cleanest water possible to minimize the impacts of human activity on the ocean, as well as to renew freshwater resources for further domestic and commercial use. A natural result of cleaning this water is the separation and concentration of constituent solid and gaseous materials. These solid and gaseous products can impact land and air. The balance of impact on land, air, and water are shifted by application or creation of energy through chemical, biological, or thermal conversion techniques.
OC San is also committed to being a good neighbor. As such, significant amounts of energy are spent capturing and converting odorous air and vapor streams. OC San has pursued a comprehensive program to cover and seal its liquid and solid processes. Air streams are ducted to large fans which move thousands of cubic feet of foul air per minute through chemical, biological, and activated carbon beds to scrub the air of odorants that are regulated or may be perceived as a nuisance by the community.
OC San has utilized an anaerobic digestion process that relies on biological conversion of solid organic material to methane and carbon dioxide gas or Biogas. The Biogas is converted to electrical and heat energy in power plants for internal use. OC San’s secondary treatment system is another example of using energy to convert water impacts to air emissions. Approximately 23% of OC San’s energy usage within the treatment process is devoted to aerating water so biological agents can convert soluble organic material to nitrogen and carbon dioxide. The generation of energy itself creates an impact on the environment in air and thermal emissions.
Current Situation
The potential exists to further shift environmental impacts between land, air, and water through the utilization of energy. OC San is an environmental steward that seeks to balance and minimize overall impact by efficiently utilizing the energy inputs to its processes and maximizing the harvesting of energy available in the incoming wastewater.
On the energy use side of the ledger, OC San invests prudently in lifecycle energy efficiency to minimize the use of energy to achieve its mission. Pumping systems to lift water and move material are premium efficiency. Thermal energy is harvested from power production for use in the process and to heat and cool occupied buildings. Aeration compressors and diffusers are selected by overall efficiency. Lighting systems are upgraded over time to more efficient technologies and lighting levels are balanced between safety and security needs versus energy utilization and light pollution concerns. Facility designers and operators make careful choices regarding the utilization of every watt of electricity, British Thermal Unit of heat, and therm of gas consumed.
On the energy generation side of the ledger, OC San seeks to maximize the internal creation of energy. The primary source of energy creation is in Biogas. Organic solids collected and concentrated in the water treatment processes are converted biologically to Biogas composed of 65% methane, 34% carbon dioxide, and other trace constituents. OC San has been using this technology since the 1950s. Research has been ongoing since that time to maximize the production of digester gas. Some of the areas of research include improved mixing and
42 | Strategic Plan — 2021
heating; improved feeding; chemical addition to limit trace pollutant production; introduction of food waste; injection of fats, oils, and grease; and cell lysing.
OC San cleans the Biogas and converts this Biogas into electricity, heat, and exhaust gas. The exhaust gas is regulated even more tightly for nitrogen compounds, carbon monoxide, particulates, and volatile organic compounds which require costly and performance degrading engine control technologies. This is another example of an air impact/energy trade off. These internal systems of energy harvesting provide roughly 66% of OC San’s electrical demand and 92% of OC San’s thermal demand in the treatment plants. OC San can shift the digester gas between treatment plants via an interplant pipeline and has roughly eight megawatts of additional generation capacity if more gas is produced.
In addition, OC San has installed electrical battery storage capacity. This system is primarily in place to lower operating cost by importing electricity for charging during low-cost nighttime hours and discharging that energy for process use during peak-cost hours. The slight energy loss due to system inefficiencies is outweighed by the cost savings and benefit to the region by lowering the peak demand of OC San by up to five megawatts.
Future Policy Statement
OC San seeks to be energy independent by self-generating all the electrical and thermal energy necessary to sustain its operations. This will be accomplished by economically minimizing its utilization requirements and maximizing energy harvested from the wastewater it receives. Energy independence will improve OC San’s environmental impact and improve its operational reliability and resiliency.
OC San will also study and use photovoltaic cells in non-process areas where it makes economic sense. For example, the new Administration Building will include photovoltaic panels linked to the treatment plant. Staff will also investigate the installation of photovoltaic arrays over OC San owned property between the treatment plants with additional battery storage systems.
OC San also plans to investigate the treatment and sale of Biogas to external users. The State of California has set goals for renewable energy utilization for electrical production and hydrogen transportation fuels. OC San’s Biogas is viewed favorably in these industries to meet the State of California targets. OC San is working very diligently and creatively to maximize the production of gas and reduce its own energy needs, but energy independence is the first goal which has not yet been met.
Staff recommends that innovative research continue to maximize energy harvesting and to minimize energy usage to make OC San energy independent in the most basic mission of protecting the public health and the environment. Super Critical Water Oxidation and other biosolids thermal conversion technologies offer some exciting opportunities to cut power use, reduce diesel fueled transportation, and create useful energy.
Initiatives to Support Progress Toward the Policy Goal
• Maximize the anaerobic digestion conversion of organics to methane through receipt of food waste and operational techniques.
• Investigate and install energy storage and photovoltaic systems where practical to achieve energy independence/resilience.
• Continue to support the conversion of biomethane into electricity and heat for process use. Improve systems as necessary to comply with air regulations.
• Pursue technology innovation to reduce energy use, reduce transportation energy impacts, and reduce greenhouse gas impacts.
Strategic Plan — 2021 | 43
---.c::1-
--" -~----
,, -
,,
44 | Strategic Plan — 2021
Climate and Catastrophic Event Resilience Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) aims to design, maintain, and operate valuable wastewater assets that withstand or adapt to adverse conditions in a reasonable manner that is both cost-effective and sustainable for present and future generations. These adverse conditions include drought, heavy rains, flooding, sea level rise, earthquakes, tsunamis, extreme heat, wildfires, pandemic, and electrical grid interruptions.
Background
OC San owns and operates extensive wastewater collection and treatment facilities valued at nearly $11 billion. The OC San service area faces special challenges because of the geographic location of its facilities. These challenges include: its position on and near seismic risk factors, its proximity to the Pacific Coast, adjacency of its treatment facilities to the Santa Ana River, and being served by increasingly fragile energy utilities.
OC San’s facilities are situated on or near several seismic risk factors. Plant No. 2 is located directly on top of the Newport-Inglewood fault. Both plants and the collection system are influenced by many adjacent major and minor faults capable of delivering damaging energy. Both of our treatment plants and the majority of our collection system sit on top of silty, alluvial soils that can have the effect of amplifying the earth motion and risk liquefaction during a seismic event. OC San has invested significantly over the last 50 years to improve the soils, foundations, and structures to mitigate these seismic risks. As geotechnical and structural knowledge and building codes progress, upgrades and facility replacements will be necessary.
Another seismic risk associated with having a treatment plant and several pump stations located on the Pacific Coast is the risk of tsunami inundation. OC San has been working with and reviewing the plans of the City of Huntington Beach and the City of Newport Beach to understand and quantify this risk. The American Society of Civil Engineers (ASCE) has created a new standard, ASCE 7-16, to layout design parameters for lateral forces an inundation zone associated with potential tsunamis.
OC San understands that climactic factors we face change widely over time. OC San’s systems must perform in extreme wet weather situations (atmospheric rivers), extreme dry weather conditions (drought), extreme tidal conditions (king tides, rising sea levels), as well
Lettis Consultants International, Inc.
04.61190019-PR-001 02 | Seismic Survey for Fault Location Study at OCSD Plant No. 2 Page 12 of 12
Figure 1: Location of Seismic Survey Line
Strategic Plan — 2021 | 45
as high and low temperature extremes. OC San generally designs for historical and expected “average conditions” for optimal performance but must also assure operations for extreme weather events.
OC San serves a critical public health role. Its operations must be reliable 24-hours per day, 365 days a year. Electricity, and to a lesser extent natural gas, are necessary for pumping and treatment operations. Both electricity and natural gas supplies have become increasingly vulnerable to interruption. Electricity deliveries are more vulnerable due to wildfire outage criteria, loss of local generation assets, aging infrastructure, and extreme weather events. Natural gas supplies are more vulnerable due to the loss of local storage capacity, aging infrastructure, line corrosion, and more stringent regulatory requirements. OC San has significant capacity to self-supply critical energy requirement for extended periods.
Current Situation
OC San has spent considerable effort quantifying its seismic, climate, and utility supply risks. Several key studies have been initiated and will be completed in the next two years. The most acute risk factor faced by OC San is seismic risk. Climate and utility supply risks are more accurately described as chronic risks.
Seismic risk factors include ground shaking, liquefaction, lateral spreading, and fault rupture. Both treatment plants are situated in a historic riverbed with poor soil conditions. The collection system is vulnerable to failures during seismic events. The state of the art for seismic design has changed greatly over OC San’s history and will continue to do so. Many of our critical structures were designed or installed prior to the advancements that occurred as a result of the various earthquakes of the 1990s. Significant effort has been expended to better characterize the soil conditions under our treatment plants and pump stations. Projects to refurbish or replace existing unit processes are, or soon will be, scoped and budgeted to provide enhanced seismic resilience. These measures include soil mixing to stiffen the soil, various foundation designs and building structure improvements.
Tsunami resilience and flooding protection can go hand in hand. To a great extent, these two risk factors can be mitigated in the same way. The Tsunami guidelines for inundation in ASCE 7-16 are a reasonable peer reviewed standard. By complying with this standard for Huntington Beach and Newport Beach, OC San will be reasonably prepared for flooding caused by extreme storm events and conservative sea level rise estimates at Plant No. 2 and pump stations in the City of Newport Beach.
OC San has also expended significant effort to prepare for the effects of weather extremes on its operations. Extreme wet weather impacts operations. Inflow and infiltration during intense storm activity have multiplied average dry weather flow rate by up to three times in recent years. OC San has significant wet weather capacity and will continue to maintain a 640 million gallon per day influent and outfall capacity which is roughly 3.5 times our average dry weather flow. Historically, high rains as seen in 1863 and 1938 will push our systems to the limit.
OC San has also adapted its systems to perform in extreme dry weather. OC San in cooperation with OCWD operates the largest potable water reuse system in the world. This is made possible by replumbing our treatment plants and adding new smaller pump stations to deal with extreme low outfall flow rates in the morning hours. OC San also continues to grow the ability to shift influent flow between its treatment plants which creates additional resilience for risk factors.
46 | Strategic Plan — 2021
Finally, on the topic of utility supply, OC San built redundant supplies for its most critical needs: electricity, natural gas, and water. OC San has maintained three sources of electricity supply for more than 25 years. The treatment plants can be supplied with power from Southern California Edison, OC San’s Central Generation Plants, or on-site diesel generation systems to maintain basic operation to protect public health. In terms of natural gas, OC San has been producing bio-methane through anaerobic digestion since the 1950s with enough capacity to provide electricity and necessary process heat.
Future Policy Statement
OC San will continue to build and improve its facilities to meet the seismic, climate and energy infrastructure risks that it faces with a long-term, planned approach. Acute life-safety risks that are identified or facilities that are damaged or fail in a catastrophic event will be addressed very quickly. However, it is not practical to update $11 billion in facilities every time a code is updated, or a new climate change estimate is released. OC San will stay abreast of code and climate change estimates as they occur and will implement improvements or replacements to facilities on a long-term basis in line with its asset management practices. OC San generally plans to refurbish or replace its mechanical and electrical assets every 20 to 25 years with an average capital improvement investment of $250 million per year.
OC San facilities are designed to meet industry codes. As time goes on and codes are updated, it is not required to upgrade existing facilities to meet those latest codes unless there is a mandate to do so, or an unacceptable risk in not doing so is recognized. OC San will accept some incremental risk in having some facilities that are not necessarily compliant with the latest building codes until a project to rehabilitate or replace these facilities is developed. All of OC San’s facilities have a planned life span with two to three refurbishment cycles. Identified seismic or flooding vulnerabilities may drive a replacement versus refurbishment decision in the normal capital planning process.
OC San will continue to aspire to energy independence which will help mitigate vulnerabilities to loss of electrical and gas utilities. In addition, OC San will continue to maintain third level, diesel generator, electrical supply capability for critical loads. On-site diesel storage will provide up to three days of power to run the plants. Pump stations diesel generation will be site specific in its design based on flow risks, hydraulic storage capacity, and site constraints. Either on-site generation or quickly deployable mobile generators will provide emergency power for up to several days at a time.
Initiatives to Support Progress Toward the Policy Goal
• Complete an engineering study of the seismic vulnerabilities of the treatment plants. Incorporate necessary upgrades into future capital improvement projects.
• Complete the biannual high flow exercise to assure readiness for a high flow event. Maintain a higher level of readiness October 15 through March 15 and in advance of predicted significant rain events.
Strategic Plan — 2021 | 47
•
,
I
•
48 | Strategic Plan — 2021
Food Waste Treatment Policy
Summary Policy Statement
The State of California limits the volume of organic waste that may be diverted to landfills. The Orange County Sanitation District (OC San) will collaborate with the County of Orange, other local agencies, and waste haulers to find ways to beneficially reuse food waste, a type of organic waste, to assist cities in our service area in meeting their diversion requirements while increasing OC San’s energy production.
Background
Whether supplying secondary treated wastewater for the Groundwater Replenishment System, creating renewable energy in the form of biogas from anaerobic digestion to produce electricity, or benefiting from the use of biosolids as a soil amendment, OC San is a resource recovery agency committed to providing resilient and reliable wastewater treatment service while protecting the public health and the environment.
In recent years, there has been a significant change in the regulatory landscape in California related to the diversion of organics such as food, green material, wood, paper, biosolids, digestate, and sludges from landfills. Currently, much of the state’s diverted organics are being composted or used as alternative daily cover on landfills. With the phaseout of organics as alternative daily cover, the regulatory shift is creating an organics market for the wastewater sector to provide a solution to manage organics such as food waste by way of co-digestion. There is an opportunity for OC San to produce additional biogas, reducing the need to purchase electricity from the local utility.
Anaerobic digestion is currently at the nexus of important State of California mandates, namely: (1) organics diversion from landfills (AB 1826 and SB 1383), and (2) increased renewable energy and fuels generation (SB 32 and SB 100). The primary alternatives for organics management are anaerobic digestion and composting – of which anaerobic digestion is the only process offering energy recovery potential. Over the next few years, California’s cities and counties, along with municipal solid waste haulers, material recovery facilities, and landfills will need to develop collection, processing, and energy recovery infrastructure to address new state legislation and goals. Existing wastewater treatment plants such as OC San are uniquely positioned to play a role in the new organics marketplace since solid waste management facilities do not typically have anaerobic digesters, the energy recovery infrastructure in place, or experience regarding the management of biosolids for beneficial use.
In 2017, OC San completed a comprehensive Biosolids Master Plan (Plan) that provides a roadmap and framework for sustainable and cost-effective biosolids management options and future capital facilities improvement over a 20‐year planning horizon. Considering the timeliness of the regulatory mandates requiring organic diversion from landfills and increased renewable energy, the Plan evaluated the feasibility of implementing a high strength organic waste receiving program involving the co-digestion of preprocessed food waste.
While food waste digestion appears to be feasible, OC San’s existing infrastructure isn’t well suited for receiving, handling, or digesting green waste. Current digester feed, mixing, heating, dewatering and truck loading facilities aren’t designed to deal with cellulosic products in green waste. The highly fibrous material doesn’t readily break down and clogs the various systems optimized for sewage sludge treatment. In addition, there are legal hurdles specified in the California Health and Safety Code, Section 4700, that must be addressed before OC San could operate a refuse transfer facility.
Strategic Plan — 2021 | 49
Current Situation
Project Viability
OC San’s Plan concluded that the costs to construct and operate a food waste receiving facility could be offset by tipping fees charged to food waste processors/haulers and by additional power generated from the increased digester gas production. The Plan recommended that OC San build an interim food waste receiving station immediately to take advantage of existing digestion and power generation capacity of approximately 150-250 wet tons per day at Plant No. 2. OC San will construct a more permanent facility in the future to coincide with the planned construction of new digesters at Plant No. 2, allowing additional capacity to co-digest approximately 500 wet tons per day of food waste. OC San also has at least six megawatts of installed electrical generation capacity that can convert the produced digester gas to electricity and heat.
Based on these recommendations, in 2018, OC San’s Board approved a project (P2-124) to construct an interim (10-15 year service life) food waste facility to receive, store, and feed preprocessed food waste slurry to the digester complex at Plant No. 2 to generate additional digester gas. This project will be designed to accept approximately 150 wet tons per day of preprocessed food waste and will produce approximately 15 percent more methane gas for onsite energy production. This results in a greenhouse gas reduction of approximately 10,800 metric tons of carbon dioxide, which is equivalent to the annual greenhouse gases generated by approximately 2,000 passenger vehicles. This is consistent with OC San’s Energy Independence Policy, which is to strive to be energy independent by minimizing energy utilization and maximizing useful energy recovery from the sewage it receives.
The final biosolids product currently produced by OC San is anticipated to be largely unaffected by the addition of food waste slurry. Pilot testing conducted by OC San indicates that there will be increased gas production due to mixing sewage sludge and food waste feed stock, but the final biosolids product will remain largely unchanged.
A draft Preliminary Design Report was issued in June 2019 for the interim receiving facility which included a viability evaluation concluding that the project is economically justifiable based on project costs and anticipated tipping fees. Final design of the interim food waste receiving station is complete and ready to bid for construction. The tipping fee and food slurry specifications are complete, and OC San is soliciting waste hauling partners to contract deliveries of material. When contracts for food waste deliveries are signed, OC San will commence bidding and construction to be in a position to receive material within two years.
There are three large municipal solid waste haulers that have expressed interest in collaborating with OC San to provide preprocessed food waste for digestion. Of these, two haulers are located within the county, and one is located outside the county. Another important partner for OC San is Orange County Waste and Recycling (OCWR). OC San has met with OCWR, and they have expressed interest in partnering with OC San to find local solutions to meet SB 1383’s organics diversion mandate including in-county biosolids management, composting, food waste co-digestion, and biogas production.
Future Policy Statement
Food Waste Slurry
OC San will only accept a preprocessed food waste slurry. We do not have available land or
air permits to handle, sort, and process solid or green wastes. OC San will work with other
public agencies and waste haulers to develop an industry standard for food waste slurry
50 | Strategic Plan — 2021
that specifies water, organic, metal, plastic, and glass content requirements. A common specification for slurry will help all parties make investment decisions.
Food Waste Volume
OC San has identified available capacity within its infrastructure at Plant No. 2 to accommodate food waste conversion to energy. The processes impacted by food waste conversion are digestion, gas cleaning, gas compression, generation, process heating, biosolid dewatering, and biosolids loading. Each of these impacted systems at Plant No. 2 in Huntington Beach have the capacity to accept 150 to 250 wet tons per day for the next ten years. Beyond ten years, OC San plans on upgrading its digestion, gas compression, and gas treatment systems. Based on the lessons learned from the interim system and the development of the food waste market, OC San plans to be able to accept up to 500 wet tons per day when the new digestion, gas compression, and gas treatment systems are completed.
OC San believes that the full implementation of the current regulations will create a food waste slurry market significantly greater than 500 wet tons per day in Southern California.
Tipping Fee Basis
The acceptance of food waste has the opportunity to more fully utilize the system capacity that already exists for the benefit of OC San’s rate payers.
OC San staff will develop a base tipping fee rate schedule for Board of Directors’ approval that meets the following criteria: - Recover all capital costs to construct facilities within ten years (this will allow OC San and waste haulers to properly invest in processing facilities); - Recover all on-going costs including operating cost, maintenance cost, electricity usage, biosolids dewatering, and reuse costs; - Food Waste will not be operated “for profit” but rather a cost recovered service with tipping fees offsetting costs to not impact OC San’s wastewater service fee structure.
Food waste generated and processed within the service area will be charged the base rate and will be prioritized over food waste from outside the service area. This is justified by the fact that the underlying infrastructure of OC San is already owned by service area rate payers. OC San contracts with service area waste haulers must provide for a pass-through savings to OC San rate payers. That means waste haulers may charge for collection and processing of food waste but must disclose to their City or Special District franchise partner OC San’s tipping fees and negotiate pricing adjustments as necessary with City or Special District franchise partners.
If additional capacity exists, but isn’t utilized by in-service area users, then that capacity may be contracted by out-of-service area users at a premium to help offset the cost of the underlying infrastructure necessary to process the food waste.
OC San will pursue grant opportunities to the extent possible to reduce the overall capital and operating cost basis for the program to reduce the tipping fee base rate.
Initiatives to Support Progress Toward the Policy Goal
• OC San will accept a preprocessed food waste slurry from contracted waste haulers that will be fed to existing anaerobic digesters. OC San will charge a tipping fee to offset its costs for capital construction, operations, handling, maintenance, and biosolids disposal.
• Design, build, and operate a food waste receiving station. Create a specification for food waste slurry and contract with solid waste haulers to receive and process food waste.
Strategic Plan — 2021 | 51
52 | Strategic Plan — 2021
Water Reuse Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will seek to beneficially reuse all reclaimable water for potable, industrial, irrigation, and environmental uses.
Background
For over 40 years, OC San and the Orange County Water District (OCWD) have partnered to beneficially reuse treated wastewater from OC San. OCWD, which serves roughly the same service area as OC San, manages and replenishes the groundwater basin in northern and central Orange County, ensures water reliability and quality, prevents seawater intrusion, and protects Orange County’s rights to Santa Ana River water.
Beginning in 1975, OC San contributed treated wastewater from its Plant No. 1 to OCWD for the operation of Water Factory 21, which reclaimed the treated wastewater and injected it along with deep well water into the groundwater basin to prevent seawater intrusion. In the mid-1990s, OCWD needed to expand Water Factory 21. At the same time, OC San faced the challenge of having to build a second ocean outfall pipe to discharge treated wastewater into the Pacific Ocean. Both agencies collaborated to build an advanced water purification facility to resolve these challenges. This state-of-the-art facility, known as the Groundwater Replenishment System (GWRS), took the place of Water Factory 21, and began operation in 2008.
The GWRS treats secondary treated wastewater from OC San Plant No. 1 to drinking water standards and uses the purified water for both injection and percolation, through injection wells and recharge basins, as source water to replenish the groundwater basin’s drinking water supplies. With approximately 75 percent of the water demand in northern and central Orange County cities coming from the groundwater basin, GWRS supplements existing water supplies by providing a new, reliable, high-quality source of water. OC San made a considerable investment to improve its level of treatment and source control to support the GWRS partnership. The upgrade to full secondary treatment and shifting the source control regulations, testing, and enforcement from a focus on ocean discharge to drinking water supply was very significant.
While the original GWRS facility was initially constructed to supply up to 70 million gallons per day (MGD) of purified water, the facility was designed for an ultimate treatment and conveyance capacity of 130 MGD. The original GWRS design intent was to expand the GWRS facility in two phases – an initial and a final expansion of an additional 30 MGD of treatment capacity with each expansion. The GWRS Initial Expansion Project was completed in June 2015 and has been producing up to 100 MGD of purified water for groundwater injection and recharge. The Final Expansion of GWRS is scheduled to be completed in 2023 and will produce the maximum capacity of 130 MGD.
In addition to providing treated wastewater to the GWRS, OC San also provides treated water to OCWD’s Green Acres Project and OC San uses treated effluent within the treatment plants to offset potable water use. The Green Acres Project provides recycled water for landscape irrigation at parks, schools, and golf courses; and industrial uses, such as carpet dying; toilet flushing; and power generation cooling. OC San uses nearly 10 MGD of treated effluent, called Plant Water, within the treatment plants for engine and equipment cooling, polymer make-down, equipment flushing and washdown, and other uses.
Strategic Plan — 2021 | 53
Current Situation
The GWRS currently produces 100 million gallons per day of purified water – enough water for about 850,000 people. All of OC San’s Plant No. 1 secondary effluent, between 120-130 MGD, is made available to OCWD for the GWRS and Green Acres Project. However, secondary effluent from OC San’s Plant No. 2 and other non-reclaimable flows, such as brine from inland desalters and GWRS’s reverse osmosis process, and OC San’s process sidestreams, continue to be released into the ocean.
In 2016, OC San and OCWD jointly conducted the Effluent Reuse Study, which evaluated the feasibility of recycling OC San’s secondary effluent from Plant No. 2 and identified projects required to achieve the final expansion of the GWRS. The GWRS final expansion effort will include implementation of projects to construct new, modified or rehabilitated facilities at Plant No. 2 to separate reclaimable flows from non-reclaimable flows; to equalize, pump, and convey secondary effluent from OC San’s Plant No. 2 to the GWRS facility; and to treat the additional source water to produce 130 MGD of purified water.
Reverse Osmosis brine generated at the GWRS is currently discharged into the ocean. The 2016 Effluent Reuse Study identified alternative brine management strategies such as evaporation ponds, deep well injection, and engineered wetlands. Evaporation ponds are land intensive and are also energy intensive when combined with a brine crystallizer to remove solids from highly concentrated brine system using heat and pressure. While the areas around both OC San treatment plants have the appropriate geology for brine injection, there are concerns with contamination of drinking water aquifers, and seismic risks due to the Newport-Inglewood zones near Plant No. 2. At this time, it does not appear economically feasible to provide alternative management strategies for the brine discharge.
In November 2016, OC San Board of Directors adopted the Second Amended and Restated Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project, which committed the agency to continue supporting the GWRS and the Green Acres Project, and specifically, the final expansion of the GWRS. The implementation of the final phase of the expansion will be executed by multiple projects, some executed by OC San while the others executed by OCWD. Project costs related to the GWRS are funded by OCWD, including up to $50 million in reimbursements to OC San for its costs incurred to execute related projects.
By supporting the GWRS Final Expansion, OC San will be able to recycle all reclaimable wastewater generated in its service area and treated at its two treatment plants, and OCWD will have sufficient water to run the GWRS facility to full capacity.
Future Policy Statement
The treated effluent produced from OC San’s Plant Nos. 1 and 2 is a valuable resource that can help boost local water resources and reduce dependence on imported water, while reducing the effluent discharged to the ocean. OC San will continue to seek opportunities for beneficial reuse of all reclaimable wastewater collected and treated at its facilities.
OC San will continue to support the completion of the final expansion of the GWRS in accordance with the adopted Second Amended and Restated Joint Exercise of Powers Agreement for the Development, Operation, and Maintenance of the Groundwater Replenishment System and Green Acres Project. This includes providing secondary effluent as source water for the GWRS free of charge; allowing OCWD to discharge brine via OC San’s ocean outfall free of charge; leasing approximately 10 acres of land to OCWD at $1 per year for GWRS;
54 | Strategic Plan — 2021
allowing OCWD to discharge North and South Basin extraction well flows to OC San sewers; managing the design and construction efforts of the Plant No. 2 Headworks Modifications Project and the Plant Water Pump Station Replacement Project (OCWD will reimburse up to $50 million of project cost); managing and financing the construction of the Ocean Outfall Low Flow Pump Station at Plant No. 2, and the construction of Plant No. 2 primary and secondary facilities to allow segregation of non-reclaimable flows.
OC San will continue to maximize the delivery of secondary effluent available to GWRS and the Green Acres Project in order to maximize full production of purified recycled water for indirect potable reuse, and industrial and irrigational uses. OC San has been operating the Steve Anderson Lift Station to divert more flows to Plant No. 1. The two agencies regularly communicate and coordinate OC San operations and construction projects that may have impacts on GWRS operation and will continue this collaboration effort.
OC San has adequate flow to maximize the production of the GWRS through final expansion. Diversion of additional non-wastewater into the sewer system is unnecessary. Non-wastewater diversions create high flow risks during wet weather conditions and can introduce constituents of concern to existing water and biosolid reuse programs.
Initiatives to Support Progress Toward the Policy Goal
• Support the completion of the final phase of the Groundwater Replenishment System and maximize reclaimable wastewater availability to OCWD.
• Support Green Acres project water production to provide reclaimed water for industrial and irrigation uses.
Strategic Plan — 2021 | 55
Environmental Water Quality, Stormwater Management, and Urban Runoff Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will collaborate with regional stakeholders to accept up to ten million gallons per day (MGD) of dry weather urban runoff at no cost to the dischargers through its permit-based Dry Weather Urban Runoff Diversion Program. The primary objective of the Dry Weather Urban Runoff Diversion Program is to improve water quality in streams, rivers, and beaches in OC San’s service area without adversely impacting OC San’s occupational safety, collection and treatment systems, reuse initiatives, or permit compliance. Unauthorized discharge of urban runoff to OC San is strictly prohibited.
Background
OC San is a regional governmental agency principally chartered to protect public health and the environment through an extensive regional sanitary sewer system and a highly effective wastewater treatment operation. The governing Board of Directors (Board) has refined this role to include the recovery and utilization of resources from wastewater for the public good. In addition to beneficial reuse of biosolids and responsible ocean discharge, OC San delivers high-quality treated wastewater to Orange County Water District’s (OCWD) Groundwater Replenishment System (GWRS) for advance treatment and purification followed by storage in the Orange County groundwater basin.
OC San operates its regional wastewater collection system in accordance with its Sewer System Management Plan, which was developed in compliance with the California Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No. 2006-0003-DWQ. The Board periodically updates OC San’s Wastewater Discharge Regulations Ordinance (Ordinance) to set uniform requirements for all users of OC San’s system and enable OC San to comply with all applicable state and federal regulations. The Ordinance establishes limits on all wastewater discharges which may adversely affect OC San’s system and includes language that prohibits sewer users from discharging groundwater, stormwater, surface runoff, or subsurface drainage to the sewer without written authorization or a valid permit. Uncontrolled discharge of any type is strictly prohibited and any person who violates any provision of the Ordinance is subject to administrative, civil and criminal penalties.
Most of the local sanitary sewer systems within OC San’s highly urbanized service area are owned and operated by cities, water districts, or sanitary districts. These local systems are designed to transport wastewater from homes and businesses to OC San’s regional sewers. These local and regional wastewater systems are designed to be wholly separate from Orange County’s Municipal Separate Stormwater Sewer System (MS4), which is a system of conveyances that includes roads, streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains that carry surface runoff into receiving waters and is regulated by the Santa Ana Regional Water Quality Control Board. Throughout the year, dry and wet weather urban runoff are collected through the MS4 and discharged along the coastline.
During wet weather, the vast majority of urban runoff is comprised of stormwater from rainfall that either travels at a flow rate that does not allow enough time to soak into the ground or whose volume has exceeded the ability of the soil to hold any more moisture. In communities with a high percentage of covered or impervious surfaces, the runoff volume and velocity can be considerably greater when compared to rural areas. Additionally, sheets of runoff in these communities can pick up pollutants and debris from transportation, construction, industrial, and residential sources as they travel by gravity toward storm drains or other low points. Stormwater runoff carries trash, debris, bacteria, chemicals, oil, silt, sediments, microplastics,
56 | Strategic Plan — 2021
and other common and emerging contaminants, and is the responsibility of MS4 permittees, who typically have jurisdiction over land use practices and flood control.
During wet weather, the volume of surface runoff is well beyond the capacity of OC San’s conveyance and treatment systems. Inflow and infiltration into the sanitary sewer system during storm events can strain the hydraulic capacity of OC San to its limit of under 1,000 cubic feet per second. In addition, storm flow runoff also contains a much greater debris load that would compromise the sanitary sewer system.
During dry weather, OC San has the capacity normally reserved for inflow and infiltration to accept urban runoff. The Best Management Practices (BMPs) required of MS4 permit holders such as screening, street sweeping, spill prevention, and waste reduction campaigns help to effectively remove trash, silt, and other debris which help make these relatively small flows more compatible with the sanitary sewer. However, pollutants and pathogens that are not removed by the BMPs are carried by runoff from sources such as excess outdoor irrigation into storm drains which is discharged along the coastline.
In response to the significant and persistent adverse impacts from urban runoff to coastal beaches and waters, OC San sought support from the California legislature to accept controlled discharge of surface urban runoff into its wastewater system and was authorized in April 2000 to initiate a permit-based Dry Weather Urban Runoff Diversion Program to accept up to three million gallons of dry weather flow per day. OC San Board Resolution No. 00-04 allowed local agencies to apply for a Dry Weather Urban Runoff Permit where there was not an economically or practically feasible alternative and permittees are subject to requirements of the Ordinance.
Since its inception, the Dry Weather Urban Runoff Diversion Program has significantly improved beach water quality throughout OC San’s service area as evidenced by excellent ratings in Heal the Bay’s Annual Beach Report Cards and a notable decrease in water quality-based beach closures. In June 2013, OC San modified the Dry Weather Urban Runoff Policy (Resolution No. 13-09) to cap discharges received to 10 million MGD and waived fees associated with the program until discharges exceeded 10 MGD, or until the policy is revised. The Board established an action threshold of nine MGD to trigger revisiting the policy.
In addition to Dry Weather Urban Runoff Permits, OC San’s Ordinance allows for normally prohibited wastes such as groundwater, stormwater, surface runoff, and subsurface drainage to be discharged to OC San through a Special Purpose Discharge Permit or written authorization from OC San when no alternate method of disposal is reasonably available to mitigate an environmental risk or health hazard.
Both Dry Weather Urban Runoff and Special Purpose Discharge permits carry strict wet weather shut-off and debris limiting provisions to protect the sanitary sewer system from hydraulic overload and the associated sewer spills. These permits also require flow monitoring and constituent sampling so that OC San can assure that water reused, water discharged to the ocean, and biosolids reused for agriculture are safe and fit for their greater environmental and resource recovery programs.
Current Situation
As of April 2021, OC San has issued 21 Dry Weather Urban Runoff Permits for diversions owned and operated by the City of Huntington Beach, the City of Newport Beach, OC Public Works, Irvine Ranch Water District, and an LLC responsible for the areas in and around Pelican Point community. For the July to December 2020 reporting period, OC San received on average 1.4 MGD from these facilities, which is well below the current 10 MGD policy cap and nine
Strategic Plan — 2021 | 57
MGD action threshold. Since the program’s inception in 2000, the Dry Weather Urban Runoff Program has treated over 10 billion gallons of urban runoff.
Under special circumstances, OC San may also accept runoff on a limited-term and limited-volume basis through the SPDP or direct authorization process if there is adequate capacity, the runoff/wastewater meets applicable effluent discharge standards, there is no practical alternative method of disposal, and the runoff/wastewater is captured and held until it can be safely discharged to OC San.
In combination, these practices have enabled responsible management of persistent urban runoff challenges in OC San’s service area and support a thriving and healthy local economy.
Future Policy Statement
Since the inception of OC San’s Dry Weather Urban Runoff Diversion Program, the program success has depended on collaboration among stakeholders to improve beach water quality, urban runoff diversion water quality, coordinate flow management, and minimize any potential adverse impact on OC San’s ocean discharge, biosolids management, and potable reuse.
OC San’s enhanced source control program and vigilant operations provide a solid foundation for GWRS water’s safety and reliability. Much of the current urban runoff diversion is attributable to Plant No. 2 in Huntington Beach which does not provide source water for OCWD. However, as OC San and OCWD progress toward maximizing potable reuse at GWRS to 130 MGD in 2023, OC San is keenly aware of the critical role of source water quality and the need for a region-wide commitment to prevent Constituents of Emerging Concern from entering OC San’s system.
Although OC San will continue to accept controlled discharge from Dry Weather Urban Runoff Diversion Program in accordance with Resolution No. 13-09, which supports long-term integrated regional water management, OC San recognizes that urban runoff is a source of Contaminants of Emerging Concern such as microplastics which were measured at levels many times higher than raw wastewater in a 2020 study by the San Francisco Estuary institute. Contaminants in urban runoff will continue to be studied in the future, and the results of these scientific studies will be of utmost importance when considering the viability of future diversions to OC San’s system.
There is continuing interest in maximizing urban runoff diversions to OC San’s wastewater system to help improve water quality in streams, estuaries, and beaches; and to potentially increase water available for recycling. One potential driver of additional urban runoff diversions is assumed reductions in future wastewater flows due to enhanced indoor water conservation. Reduced wastewater flows may free up system capacity for increased urban runoff diversions.
However, the future available capacity in OC San’s system to handle additional urban runoff flows, and the OCWD’s need for additional effluent for recycling have not been the subject of a comprehensive engineering study that identifies the opportunities and costs of increasing diversions. Such a study is being jointly planned by OC San, OCWD and the Orange County Flood Control District.
Initiatives to Support Progress Toward the Policy Goal
• Issue dry weather urban runoff connection permits to accept up to a total of ten million gallons per day of controlled discharge of dry weather urban runoff where existing conveyance capacity exists, and the constituents within the flow will not adversely impact OC San.
58 | Strategic Plan — 2021
• Safeguard OC San’s sanitary sewer system against uncontrolled and unregulated discharge by supporting responsible industry practices for flow management and urban runoff pollutant reduction at the source. Utilize OC San’s pretreatment expertise to support effective urban runoff best management practices and special purpose discharge requests among OC San’s regional stakeholders.
• Conduct a comprehensive study of the feasible opportunities for cooperative projects for urban runoff diversions to OC San to improve water quality and increase water recycling by maximizing the useful capacity of local collection systems , OC San treatment systems, and OCWD recycling and recharge systems.
• Support responsible and practicable urban runoff management and reuse legislations and regulations.
Strategic Plan — 2021 | 59
Wastewater Management
60 | Strategic Plan — 2021
Chemical Sustainability Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) has a need to use chemicals in its treatment process to improve plant performance, reduce odor and corrosion potential, and meet its regulatory requirements. These commodity chemicals are provided by outside vendors through the purchasing process. Some of these chemicals are subject to price swings due to market condition changes such as energy cost impacts, raw material cost changes, commercial competition changes, and transportation cost volatility. OC San will identify chemicals key to its operation, investigate the market risks for those chemicals and devise strategies to mitigate identified risks to availability and pricing.
Background
OC San’s treatment plants and collection system use several bulk chemicals. A sustainable supply of these chemicals is critical to maintaining an acceptable level of treatment and for ensuring compliance with all regulatory requirements. OC San spends about $13 million annually on the procurement of eight key chemicals which generally can be broken down into four categories: coagulants, odor/corrosion control, disinfection, and boiler water treatment. Boiler water treatment chemicals are low volume and readily available and will not be considered here.
Coagulant Chemicals
Coagulant chemicals include ferric chloride, anionic polymer, and cationic polymer. These chemicals are the workhorses of the sewage treatment process. Coagulant chemicals work to clump together organic material so it can more readily be separated from water. Ferric chloride is the first chemical added in the treatment process. It is a powerful settling agent that causes organics to clump together and settle to the bottom of primary basins. It is a double-duty chemical in that it also controls the formation of hydrogen sulfide gas, which is a major odorant, by binding to suspended sulphur compounds and causing them to settle before they can be converted by natural bacterial processes to hydrogen sulfide.
Ferric chloride is an iron salt that is produced by reacting iron with hydrochloric acid. It is generally a byproduct of steel treatment, a leftover pickling agent. Ferric chloride is commonly used in the water and wastewater industries. Historically, this chemical has been the subject of a limited supplier base in Southern California. OC San has been actively splitting supply contracts to multiple vendors to ensure multiple vendors are available. On-site generation of the chemical is impractical due to the hazardous nature of the manufacturing process and acid handling, the bulk steel handing logistics, and waste products disposal.
Anionic polymer works with ferric chloride to further aid in the coagulation or settling of organic compounds in the primary treatment process. These long-chain molecules are designed to be negatively charged to attract or collect positively charged ferric chloride induced organic clumps or flocculant. The use of ferric chloride and anionic polymer is called Chemically Enhanced Primary Treatment or CEPT. OC San has been using CEPT for more than thirty years.
Anionic polymers are specially designed chains with many potential variants and multiple vendors. Part of the purchasing process for polymers involves polymer trials to document the efficacy of different products from different vendors to get the best cost-performance balance.
Cationic polymer is generally used to thicken sludge or biosolids in centrifuges or dissolved air floatation thickeners (DAFT). These long-chained, positively charged molecules are essential to
Strategic Plan — 2021 | 61
the proper operation of centrifuges and DAFT units. Part of the purchasing process for these polymers also involves polymer trials to document the efficacy of different products from different vendors to get the best cost-performance balance. It is important to note that it is entirely possible that four different cationic polymers will be used to optimize the performance of Plant No. 1 dewatering centrifuges, Plant No. 1 thickening centrifuges, Plant No. 2 dewatering centrifuges, and Plant No. 2 DAFTs, because the performance can vary greatly depending on the equipment or process. Each process will have its own polymer trial to determine the cost-performance balance for each application.
Odor Control Chemicals
OC San uses several chemicals in the collection system and the treatment plant to reduce the odors normally attributed to sewage and sewage treatment. These chemicals can either prevent the formation of odor causing compounds, called odorants, or they can destroy odorants that already exist. Chemicals that prevent the formation of odorants include ferrous chloride, calcium nitrate, magnesium hydroxide, and caustic.
Chemicals used in the collection systems tend to be more benign than chemicals used in the treatment plants due to their proximity to the public. Ferrous chloride is closely related to Ferric chloride as described above. It is a powerful settling agent that prevents the formation of hydrogen sulfide by tying up and settling sulfide compounds in the collection system. It is a preferred chemical because of its dual role, but it is not as benign as other choices.
Calcium nitrate is another choice for collection system odor control. It works in a different way. Calcium nitrate alters the biological equilibrium in sewage. Generally, bacteria that live by respirating oxygen are the most robust organisms, followed by nitrogen respirating bacteria, and finally sulfur respirating bacteria. Adding calcium nitrate to sewage creates an environment where sulfur loving bacteria do not thrive or create hydrogen sulfide.
Magnesium hydroxide is a third choice for collection system odor control. It works primarily by raising the pH of sewage to a point that is not conducive for odor causing bacteria to thrive. Magnesium hydroxide is the most benign of the chemical choices as it is the main ingredient in Milk of Magnesia.
All three of these chemicals are continuously fed into sewer systems at different points to consistently control the formation of odorants in the system. Where OC San does not have the ability to site a chemical dosing station and persistent odors are being experienced, there is the option to utilize caustic slug dosing. Caustic slug dosing involves using tanker trucks to discharge up to 6,000 gallons of sodium hydroxide into a sewer manhole structure. The very high pH has the effect of killing the bioslime layer on sewer pipes that creates hydrogen sulfide. This treatment has an instant benefit that reduces hydrogen sulfide production for days to weeks depending on system conditions.
The final major odor fighting chemical is bleach. Bleach is used in treatment plant chemical scrubbers to oxidize odorants in air scrubber units. Bleach is an effective neutralizer of hydrogen sulfide, methyl mercaptan, methyl disulfide, dimethyl disulfide, and many others.
Disinfection
OC San successfully discontinued disinfection of its effluent to the long outfall. This means that thousands of gallons of bleach and sodium bisulfate are no longer required to be purchased or discharged to the ocean. However, in the event of a discharge to the short outfall or river overflow, disinfection by bleach will be required. Significant on-site storage of bleach and dechlorination chemical, sodium bisulfite, is necessary for this emergency contingency. Bleach does have a shelf life of about six months. OC San rotates its disinfection supply to its
odor control and plant water treatment systems to prevent product waste.
62 | Strategic Plan — 2021
Process Specific Chemicals
OC San uses pure oxygen to support its activated sludge secondary treatment process for Plant No. 2. OC San previously self-generated pure oxygen using a cryogenic oxygen plant rated at 70 tons per day. This plant was removed because it was inefficient at the current average utilization of 35 tons per day and was at the end of its useful life. OC San contracts for delivery of liquid oxygen and uses a vaporization system to deliver pure gaseous oxygen to the activated sludge process.
Chemical Supply — Purchase vs. Make
OC San has relied on purchasing bulk commodity chemicals for its treatment plants and collection system. This has proven to be an effective strategy for operational flexibility and to allow concentration on core business. Operationally, the types and volume of chemicals change over time. Over time the types of polymers that are most efficient change. There is a need for more or less volume of chemicals based on sewage flow rates, sewage composition, and flow splits between plants. Managing the generation of specialized chemicals using hazardous materials imposes a significant training burden on staff, increases the regulatory oversight and requirements, and increases overall risk to the organization.
OC San maintains a policy to split the volume of orders between two vendors to assure competition exists in the marketplace for ferric chloride. While OC San generally cooperates with other public agencies to pool purchasing power to secure the lowest possible cost through high volume purchasing, some specialty chemicals like ferric chloride require split orders to maintain competitive market forces.
Current Situation
OC San is constantly changing and improving its facilities to meet new challenges. Each of the facility changes offer new opportunities to reconsider how OC San operates its processes and how chemicals are used. The best chemical stability outcome is to cost-effectively eliminate the use of the chemical. This is the strategy behind cessation of bleach disinfection of the outfall effluent.
Staff is studying the potential to operate the treatment plants differently to minimize or eliminate use of selected chemicals. Facilities like centrifuge sludge thickening provide new opportunities to adjust ferric chloride and anionic polymer usage. Opportunities for substitute chemicals will be explored to understand overall cost and efficiency savings potential. This includes iron vs. aluminum coagulant studies, anionic polymer trials, and cationic polymer trials. Staff also evaluate operating parameters such as in-basin sludge co-thickening, primary basin sludge blanket level parameters, as well as the greater loading of the secondary treatment systems.
Future Policy Statement
OC San will thoroughly understand its treatment processes, the potential modes of operation, and the benefit and cost of chemicals to improve or stabilize its process. OC San will maintain a list of necessary chemicals for optimal treatment operations which will consider chemical cost, chemical availability, treatment stability, energy utilization, energy creation, nuisance odor control, biosolids generation/cost, and regulatory permit compliance risks.
Chemicals that are deemed most beneficial will be procured at the lowest overall cost from market providers to the extent possible. Where there are market stability concerns, the purchasing division will devise procurement strategies to mitigate procurement risks. Where
Strategic Plan — 2021 | 63
procurement risk cannot be satisfactorily mitigated, technical staff will evaluate alternatives such as alternate operating methods, substitute chemical usage, or on-site generation of a chemical if feasible.
Initiatives to Support Progress Toward the Policy Goal
• Reduce the exclusive reliance on particular chemicals and individual vendors to establish flexibility to utilize other chemicals/processes to accomplish operational objectives.
64 | Strategic Plan — 2021
Biosolids Management Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will remain committed to a sustainable biosolids program and will beneficially reuse biosolids in accordance with Resolution No. OC San 13-03 and the 2017 Biosolids Master Plan.
Background
Wastewater solids at both our treatment plants are separated, thickened, digested, and dewatered before being recycled offsite by contractors for composting and land application. Biogas created from the digesters is used to generate electricity to offset the need to purchase power from a local utility. Although OC San currently receives sewage sludge from the Irvine Ranch Water District (IRWD) at Plant No. 1, IRWD is currently commissioning its own solids treatment facility and is anticipated to discontinue the sludge transfer to OC San by the second half of 2021.
Prior to 2019, OC San produced an average of 800 wet tons per day (~20 percent solids) of Class B biosolids that were dewatered by belt presses. Following the commissioning of the co-thickening sludge and dewatering centrifuge system in 2019, OC San has been producing approximately 500-600 wet tons per day (23-28 percent solids), which resulted in an approximately $4 million per year reduction of biosolids hauling costs.
OC San‘s biosolids program is developed in compliance with federal, state, and local regulations, OC San’s biosolids policy (Board Resolution 13-03), biosolids management system, and the 2017 Biosolids Master Plan (Plan). OC San’s adaptive and highly effective biosolids program emphasizes diversification of beneficial reuse options and markets for biosolids. Although cost is a key consideration, the incorporation of failsafe options is considered paramount. These principles align with the policy and Plan and provide a framework for identifying and adopting reliable and sustainable biosolids management options while minimizing cost. Moreover, through innovation and continuous improvements in its biosolids management practice, OC San has been well-positioned to sustain regulatory compliance and its commitment to beneficially reuse biosolids. Currently, about 20 percent of the annual biosolids production is going to a bioenergy facility in California to create pellets and biochar while producing renewable energy, about 50 percent is used to produce Class A compost in California, and about 30 percent is used for Class B land application in Arizona.
The Plan forecasted future capital improvements projects needed to sustain responsible and cost-effective biosolids management over a 20‐year planning horizon. As an example, OC San has initiated a project at Plant No. 2 to construct new thermophilic digesters and batch holding tanks that will generate Class A biosolids beginning in 2030. These new digesters are needed to increase operational resiliency against seismic events and biosolids reuse options. Plant No. 1 will continue to produce Class B biosolids.
According to the Plan, upon commissioning the new thermophilic digesters, future biosolids management options may include:
• Emerging markets: Management options and technologies that become available following the adoption of the Plan, such as mine and fire reclamation, gasification, pyrolysis, supercritical water oxidation, fluidized bed combustion, and cement kiln drying.
Strategic Plan — 2021 | 65
• Soil blending: Partner with local soil blenders to deliver and blend Class A biosolids with soil to produce a high-quality soil amendment that can be used in a larger variety of markets than current Class A compost such as construction back-fill.
• California land application: While Class A compost and granules are currently land‐applied in California, land application of Class A biosolids is still restricted in most counties. However, with the recent implementation of California’s organics diversion regulations and planned enforcement in 2022, stringent local ordinances that unreasonably restrict land application of biosolids are prohibited.
• Arizona land application: Land application in Arizona will continue to be a part of OC San’s overall biosolids program and serves as a large‐capacity outlet for biosolids management.
Current Situation
The legislative and regulatory landscapes in California are changing regarding organics management. Since 2003, direct land application of Class B biosolids in Southern California has largely been prohibited due to strict ordinances and conditional use requirements that preempted state recycling laws. However, in recent years there has been a greater focus on healthy soils, renewable energy, organics diversion from landfills, and reduction of Greenhouse Gases (GHGs), which are reflected in several bills and initiatives that have been adopted:
• AB 1826 (2014) — Mandatory Organics Recycling for Businesses.
• SB 1383 (2016) — 50% organics diversion from landfill by 2020 and 75% by 2025, which includes biosolids and mandatory organics procurement (compost and biogas) for impacted jurisdiction.
• SB 32 (2016) — 40% Reduction GHG below 1990 levels by 2030
• SB 100 (2018) — 50% renewable resources (i.e., anaerobic co-digestion of food waste) target by December 31, 2026, and to achieve a 60% target by December 31, 2030
• Increasing soil carbon and carbon sequestration under the Healthy Soils Initiative and Forest Carbon Plan.
In combination, these measures are expanding the “organic waste markets”, thereby stimulating interest in siting more composting facilities and organic waste-to-energy projects and could also support soil blending and direct land application of biosolids and create opportunities for wastewater agencies to innovate. Agencies such as the State Water Resources Control Board (SWRCB), CalRecycle, California Department of Food and Agriculture, California Air Resources Board, and California Energy Commission are developing regulations to implement the new laws. Throughout the rulemaking process, OC San has been actively involved through the California Association of Sanitation Agencies (CASA) and the Southern California Alliance of POTWs (SCAP) to encourage regulators to open more biosolids management options in California. In particular, the recently adopted regulations for SB 1383 require jurisdictions such as cities and counties to procure recycled organics such as compost and biogas for localized beneficial reuse.
It is worth noting that while there is growing interest in California for enhanced organics management, there has also been a rising concern from the regulatory community regarding emerging contaminants such as polyfluoroalkyl substances (PFAS) and microplastics. These
66 | Strategic Plan — 2021
ubiquitous, often household, compounds have been detected in the wastewater pathway and biosolids, and OC San has been actively monitoring the development of the science and regulations across all water, wastewater, air, and soil sectors. To date, PFAS regulations have been established for drinking water and a series of phased investigative orders were issued by the SWRCB to examine the fate and transport of PFAS. OC San was among 249 wastewater treatment plants that were included in Phase three of the investigative order, and OC San is on track to complete all required sampling, analysis, and reporting. Additionally, effective in Fall 2021, OC San is sending 100 tons per day to a state-of-the-technology bioenergy facility which will be sampled for PFAS to potentially demonstrate the destruction of PFAS in biosolids using pyrolysis while creating biochar for recycling and renewable energy for distribution.
Future Policy Statement
As environmental regulations continue to drive the organic waste markets in California, OC San will continue to leverage its memberships with various professional/industry associations to encourage local, state, and federal agencies to promote the beneficial reuse of biosolids. OC San will also continue to monitor the development of regulations for constituents of emerging concern that may impact the beneficial reuse of biosolids.
OC San’s long-standing leadership role in key professional organizations will continue to ensure timely and meaningful engagement on key regional, state, and national biosolids management policies.
OC San will continue to stay abreast of new biosolids management options, technologies, and regional biosolids recycling and renewable energy partnerships within Southern California, especially those that address the removal, sequestration, and destruction of constituents of emerging concern.
Based on the findings from the abovementioned pyrolysis PFAS demonstration project and any regulation that are developed in the coming years, staff will update OC San’s biosolids strategy to account for emerging contaminant management.
Consistent with the Plan, staff will work with OC Waste and Recycling (OCWR) to explore regional biosolids management opportunities as well as local solutions to meet SB 1383’s organics diversion mandates, with emphasis on in-county biosolids utilization, composting, food waste co-digestion, and biogas production.
Initiatives to Support Progress Toward the Policy Goal
• Proceed with implementation of new thermophilic biosolids facilities at Plant No. 2 to improve OC San’s operational resiliency against seismic events while enhancing biosolids quality and marketability.
• Continue to explore biosolids thermal conversion technology for energy generation and destruction of persistent contaminants.
• Engage with local, state, and federal agencies to ensure that biosolids will continue to be safely and legally used as a soil amendment.
• Stay abreast of new biosolids management options, technologies, and biosolids recycling and renewable energy partnerships in Southern California, with special emphasis on technologies that address the removal, sequestration, and destruction of contaminants of emerging concern.
Strategic Plan — 2021 | 67
' . --
68 | Strategic Plan — 2021
Constituents of Emerging Concern Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will partner with other agencies, associations, and institutions to support the use of sound science to inform policy and regulatory decisions on constituents (or contaminants) of emerging concern (CECs) at the federal, state, and regional levels. Staff will obtain and maintain current knowledge on CECs under regulatory consideration, including occurrence, analytical methods, regulations, and treatment to support OC San’s mission and regulatory compliance.
Background
CECs are pollutants that are not necessarily subject to existing regulations but have the potential to pose significant risk to public health and/or the environment. Wastewater treatment systems are generally not designed to remove or destroy CECs but can serve as a pathway for persistent CECs such as per- and polyfluoroalkyl substances (commonly known as the Forever Compound, or PFAS) and microplastics that enter the system from sources such as residential dwellings, commercial establishments, industrial facilities, dry weather urban runoff diversions, and special purpose discharges. In fact, certain CECs have the potential to compromise wastewater treatment and reuse operations, if found at levels that impair OC San’s biological treatment systems, digester gas utilization, or advance water purification at the Groundwater Replenishment System.
As with most pollutants, reduction of CECs at the source is by far the most effective means of safeguarding public health and the environment. However, since the full range of adverse effects associated with each CEC is often unknown until contamination has become wide-spread, OC San routinely coordinates with environmental regulators, industry partners, and community stakeholder to maintain up-to-date scientific knowledge, technological developments, and relevant regulatory and legislative initiatives.
It is worth noting that some of today’s regulated pollutants were once considered CECs, such as 1,4-dioxane and polychlorinated biphenyls (PCBs), and OC San is engaged in multiple regional collaborations to continuously increase our collective understanding of pollutant fate and transport and develop integrated water quality improvement strategies.
With steadfast support from the OC San Board of Directors, multiple generations of staff have acquired and conveyed considerable institutional knowledge and experience with identifying, monitoring, and reducing CECs through a combination of source control, treatment optimization, analytical innovations, outreach, and responsible reuse and disposal.
A key takeaway from OC San’s decades-long experience with CECs is that there is no such thing as ‘away’ for some pollutants. Thus, we must consider CEC management in every facet of OC San operation, with special emphasis on advance planning for source control, beneficial reuse, and responsible ocean discharge.
Current Situation
OC San has prioritized CEC source control to prevent potential adverse impacts to its mission of protecting public health and the environment. Industrial and certain non-domestic discharges are regulated by OC San’s Pre-treatment Program through a permitting and source control inspection program that enforces OC San’s Waste Discharge Ordinance and federal, state, and local mandates. For CECs that are undergoing regulatory development, OC San may choose to utilize interim guidelines and recommended thresholds from federal, state, and
Strategic Plan — 2021 | 69
local regulatory agencies to safeguard our ocean discharge and beneficial reuse of water and biosolids.
Specifically, OC San has worked with regulators at the federal, state, and local levels in advance of CEC regulations to develop special projects that can be incorporated into its National Pollutant Discharge Elimination System (NPDES) Permit to evaluate the presence and quantity of CECs in our final discharge to the ocean and the background levels in the receiving environment. OC San’s current CEC monitoring program includes constituents in the following category: Hormones (8), Industrial Endocrine Disrupting Compounds (7), Pharmaceuticals and Personal Care Products (13), and Flame Retardants (9). Data from OC San’s ongoing CEC program were reviewed by the regulatory and natural resource agencies during the recent NPDES permit renewal consultations, and additional CECs have been added to the 2021 NPDES permit.
Over time, OC San’s source control program has been enhanced and updated to meet the needs of the Groundwater Replenishment System (GWRS) as it underwent expansion to increase water supply reliability for north-central Orange County. Through formal agreements and staff-level coordination, OC San and the Orange County Water District (OCWD) have forged a world-class partnership that currently produces 100 million gallons per day (MGD) of purified water and is on track to increase production to 130 MGD in 2023.
To safeguard this potable reus1e effort against CECs and other pollutants that are not removed by conventional wastewater treatment systems, OC San and OCWD established a response plan that is activated whenever a pollutant or pollutant precursor becomes a concern to either agency. Where the source can be identified, the plan organizes responsive actions from OC San and OCWD for industrial and commercial facilities. A typical response could include source investigation by OC San that begins with data review, accelerated sampling, laboratory analysis, and result in inspections and enforcement actions. CECs from suspected domestic and residential sources are typically addressed by way of educational outreach to the public. However, OC San’s Board of Directors have also authorized financial and in-kind services to support targeted research at academic institutions that investigate CECs from domestic and residential origins.
CECs that are not removed through the treatment process can also be found in biosolids. At high concentrations, CECs may preclude beneficial reuse of biosolids as soil amendments for non-food crop and force OC San to dispose of biosolids in landfills or pursue costly means of destruction.
Thus, responsible legislations and regulations that reduce the production and use CECs, encourage substitution with less toxic materials, and promote adaptive source control programs are essential for sustaining OC San’s mission and commitments to the community.
If source control, education and outreach, or legislative and regulatory efforts are not successful, OC San may be required to implement a technological or operational process change/investment to address a CEC.
Future Policy Statement
OC San shall align its resources to manage CECs throughout its service area and treatment process to comply with existing and anticipated regulatory requirements and sustain beneficial reuse of treated effluent and biosolids.
70 | Strategic Plan — 2021
OC San shall acquire and maintain a high level of subject matter expertise and engagement across the wastewater, water, water reuse, air quality, ocean monitoring, and biosolids sectors to monitor the environmental, operational, and financial threats posed by CECs.
OC San shall continue to work with other agencies and professional organizations to develop robust analytical methods and routinely monitor its local limits in order to shape and comply with regulation to protect public health and the environment.
OC San shall continue to implement and update the GWRS Response Plan to sustain effective water reuse and prepare for next-generation CECs and emerging regulatory obligations.
Initiatives to Support Progress Toward the Policy Goal
• Actively engage water and wastewater stakeholders to stay abreast of the scientific progress and any potential operational and financial impacts of CECs and provide timely briefings to OC San’s Executive Management Team and Board of Directors to facilitate informed decision making.
• Develop capacity to identify, detect, quantify, and characterize CEC sources throughout the service area and treatment process to promote source reduction, treatment effectiveness, communication of credible risks, and responsible reuse and disposal.
• Proactively establish internal expertise and develop laboratory capability to research the potential impact of CECs on beneficial reuse of water and biosolids. OC San will use science-based knowledge to help shape CEC legislation and regulations to protect the public health and environment.
• In the absence of promulgated regulatory limits for specific CECs, OC San will work with regulatory agencies to establish interim source control measures to safeguard its water and biosolids reuse initiatives and ocean discharge against potential adverse impacts.
Strategic Plan — 2021 | 71
72 | Strategic Plan — 2021
Workforce Environment
Strategic Plan — 2021 | 73
Resilient Staffing Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will attract and retain high-quality talent to support its mission and continue to be an industry leader. It will safeguard leadership continuity and support effective performance of the organization by proactively monitoring the changing work environment and requirements to ensure employee development programs are relevant and facilitate building a skilled bench of readily available successors for key leadership and mission-critical positions.
Background
At OC San, employees are the organization’s most valuable resource. With over 600 highly skilled and dedicated employees whose collective efforts make OC San an industry leader, resulting in national awards and recognition. OC San has a continuing commitment to providing educational and training opportunities to its employees, resulting in a prepared, highly skilled, and educated workforce to carry out the mission of protecting public health and the environment.
OC San has a diverse workforce and a wide range of expertise with approximately 70 percent of positions requiring a degree, certification, and/or license. Occupations include scientists, engineers, environmental and regulatory specialists, operators, mechanics, construction inspectors, as well as professionals in public affairs, finance, IT, safety, and human resources.
To cultivate a committed and engaged workforce in a competitive economy, OC San must promote initiatives to attract and retain talent and also prepare staff for both current and future key positions to ensure succession management of our most critical positions. Strategic succession management initiatives have been developed and adopted that support the design and implementation of comprehensive workforce planning and development tools accompanied by activities that facilitate the improvement of workforce capability, adaptability, efficiency, and accountability. Strategic workforce planning empowers management to project the loss of knowledge and experience caused by retirement and attrition and utilizes a variety of methods to ensure that OC San has adequate access to talent internally, and externally through the recruitment, promotion, and selection process.
OC San has a competitive recruitment process that ensures we hire the best person for the job based on qualifications and merit. Human Resources utilizes an objective multi-hurdle approach to hiring which includes, among other processes, assessment centers and skills testing, screening, and recommendation to the hiring authority of only those candidates that meet job specifications. The process also includes a second review by the subject matter expert in the department of those applications that have been forwarded, panel interviews (both for technical skills and fit), and full background and reference checks.
Programs that have proven effective in attracting, retaining, and developing highly skilled staff for key positions, include:
• Vocational/Professional Student Internship Programs
Vocational students from the Water Utility Science Program at Santiago Canyon College, and Los Angeles Trade Technical College work 28 hours a week and rotate through five technical trades for 53 weeks in our Operations and Maintenance Department. Furthermore, 23 of the program participants have been hired full-time since the program inception. OC San is piloting the program with other technical colleges in Southern California to include Cypress College.
74 | Strategic Plan — 2021
In addition to the Vocational Internship Program, OC San also offers a Professional Student Internship Program that allows students at local Universities an opportunity to work at the professional ranks while attending college full-time for a two-year maximum duration. OC San partners with Cal State Fullerton, Long Beach, Cal Poly Pomona, and UC Irvine, among others.
• Employee Development Program
In addition to providing all legally mandated training, OC San provides training and development opportunities for the purpose of increasing job knowledge and to maximize skill sets in employees’ current positions and to prepare them for future mission-critical positions. Comprehensive training programs include technical training through industry-specific associations or groups, local schools, and professional associations including informal on the job training. Employees are encouraged to obtain job-related training necessary to keep OC San current with recent industry best practices and developments in their respective fields of expertise and can be eligible to receive Development Pay in select categories that OC San deems mission critical. As 70 percent of OC San’s positions require a degree, certificate and/or license, OC San also promotes professional development through its tuition and certification reimbursement programs for courses completed toward obtaining an associate’s, bachelor’s or master’s degree at accredited colleges, universities, or other institutions or industry-specific certifications.
• Workforce Vulnerability Assessments
Each year, OC San management conducts an evaluation of their respective departments and identifies key and vulnerable positions based on three criteria: criticality, retention, and difficulty to fill. Vulnerability assessments provide a broader view into the areas of the agency that could potentially be facing a high risk in turnover and are essential to operations. Management is tasked with identifying positions based on the criteria above, then making recommendations on the level of action that is required, complete with proposed action plans. Human Resources staff facilitates the workforce vulnerability assessments and develops current and future staffing plans based on the management outcomes annually. It is essential that OC San continues its planning efforts in this area and to prioritize sufficient staffing to service the community we serve.
• Talent Readiness Assessments
The process includes departmental leadership evaluating staff preparedness for key positions as well as reviewing current and future development efforts. Key positions along with the positions that feed into those positions is identified with the expectation that talent pools are developed to align with agency goals and builds the talent pipeline.
• Orange County Sanitation District University (OC San “U”)
In 2011, OC San began offering a comprehensive voluntary development program to employees. The program was designed to help address the potential loss of talent due to ongoing retirements and to develop employees from within the organization for succession management. The program is currently known as OC San “U” (Orange County Sanitation District University) and it is administered by volunteer employees from across the agency with oversight by the Human Resources Department. Under this program, employees can participate in various learning options to increase their knowledge, skills, abilities, and enhance organizational awareness. The focus of the program and the types of learning options offered have varied over the years to meet the evolving needs of OC San. Employees
Strategic Plan — 2021 | 75
may choose to attend on demand web-based courses and live instructor-led virtual trainings on various topics that pertain to OC San business systems, technology, leadership, communications, and more. Employees may also apply to participate in the Cal State Fullerton 14-week Leadership Academy and OC San “U” recently launched a mentoring program. Additionally, OC San U will expand its partnerships for success section of the program to include offerings to outside organizations. The intent is to promote and provide information on OC San as well as network and expand our offerings.
Additionally, OC San partnered with UC Irvine, Cal State University at Long Beach and California Polytechnic University at Pomona, which provided students an opportunity to job shadow Human Resources and Engineering staff to gain insight into the profession, employment in the public sector and the wastewater industry. OC San employees also serve on Advisory Councils that weigh in on course curriculum at various schools, both at the high school and college level, across Southern California.
Throughout the agency, we have several employees who are active members of various professional associations, serve on a Board, or volunteer in various capacities within the industry. OC San is regularly invited to present and teach others about resource recovery. Recruiters attend job fairs, and work closely with universities, professional organizations, and serve on advisory committees.
Education and workforce investment programs represent the most important preparation we can accomplish today to safeguard the agency’s future for tomorrow. Finding an adequate pool of applicants and retaining qualified workers is increasingly difficult, which we anticipate will continue. Retirements are disrupting employment within our industry and changes in technology have made work more complex.
Current Situation
Currently, the majority of OC San’s executives are eligible for retirement. Managers, our next level of leadership, closely follow with 43 percent of them eligible to retire now, and that number increases to 71 percent in five years. For trades and professional occupations, 48 percent are eligible to retire in the next five years. OC San has many long-term employees with vast knowledge in their respective areas of expertise. The average years of service is 10 years with some employees having been a part of the OC San family for over 35 years. Looking at OC San’s total attrition over the last five years, we have lost 2,980 years of knowledge and experience by 128 individuals leaving the agency since 2016.
In 2010, OC San proactively implemented a second retirement benefit formula (“classic open plan”) ahead of the Public Employee Pension Reform Act, which offered candidates moving from other public sector agencies to OC San with a retirement benefit of 2.43 percent at 65, with zero employer paid member contribution. Based on OC San’s classic open retirement plan, competing for experienced and highly skilled talent from surrounding municipalities, who offer a more attractive retirement benefit of 2.5 percent or 2.7 percent at 55 in addition to paying for a portion of the employees’ contribution has been challenging. Since implementation of the classic open plan in 2010, approximately 35 percent of new hires come from other public sector agencies which limits our ability to hire already trained and experienced staff which can be particularly difficult for technical, scientific, and management positions. OC San has had experience with public sector candidates withdrawing from the process or declining job offers once they learn of the impact to their retirement benefit formula. Given the legal restrictions which bind OC San to the classic open retirement formula, it is critical OC San focus its efforts on retaining current staff, attracting qualified and experienced candidates, and investing in
76 | Strategic Plan — 2021
developing and growing employees’ knowledge, skills, and abilities for the future, to address any potential talent shortages.
Future Policy Statement
Human Resources will continue to implement strategic initiatives that ensure workforce capabilities match the work required to meet OC San’s mission and levels of service. Staff is dedicated to proactively monitoring the changing work environment and requirements to implement programs now that address future vulnerabilities. Assessments of changes in business needs, workforce composition, and legal requirements are necessary to ensure resilient staffing.
Initiatives to Support Progress Toward the Policy Goal
• Maintain and enhance current employee development programs that are in place to provide the direction to identify, develop and select the next generation of prepared, capable, and engaged leaders, which include:
- Vocational/Professional Student Internship Programs
- Employee Development Programs
- Workforce Vulnerability Assessments
- Talent Readiness Assessments
- Orange County Sanitation District University (OC San “U”)
• Continue to build the OC San “U” program and evaluate various options to partner with member agencies to share content and interactive development opportunities.
• Continue to build on the employee development opportunities to enhance organizational awareness and strengthening knowledge, skills, and abilities in the areas of OC San business systems, leadership, technology, and communication. Additionally, Human Resources will partner with other member agencies to provide and host training and development programs to foster collaboration and innovation.
• Conduct a Classification & Compensation study to ensure job classifications accurately depict the work being performed, to set compensation levels accordingly, and stay abreast of market benefit and salary data. Human Resources and the Board-approved Consultant will work with stakeholders to complete an organization-wide Classification & Compensation Study. It will incorporate feedback on survey agencies solicited from the Board over the past year and union feedback through meet and confer in upcoming labor negotiations.
Strategic Plan — 2021 | 77
78 | Strategic Plan — 2021
Safety and Physical Security Policy
Summary Policy Statement
The Orange County Sanitation District (OC San) will ensure the safety and security of employees, contractors, and visitors through standard practices, policies, and procedures that support a safe and secure environment, provide an appropriate level of security, and safeguard OC San’s property and physical assets.
Background
In California, employers must furnish employees with a place of employment free from recognized hazards that cause death or serious physical harm, that is compliant with all legal requirements, and aligns with industry best practices. The safety and wellness of the public and employees is our number one priority. OC San is committed to identifying all hazards through inspection and providing engineering controls, job specific safety training, and personal protective equipment.
Programs that have proved effective in ensuring the safety and wellness of OC San’s workforce, visitors, and contractors include:
Safety Assessments and Engineering Controls
In 2014, OC San conducted a Facility-Wide Safety Assessment Project (SP-145-1) to identify process equipment design and configuration issues that may impact worker safety, and compliance with regulations. The main purpose of this effort was to enhance worker safety and ensure compliance with safety codes. At the same time, safety improvements allow for reliable and efficient operation, so that our facilities can meet regulatory, and process demands, while providing cost-effective operation. All the Project SP-145-1 recommendations to be implemented by OC San have either been addressed by Maintenance or have been incorporated into the Safety Improvement Project (J-126).
Emergency Management
OC San must be prepared to control risks to the organization, and routinely recognize, evaluate, and prepare for emergencies. An emergency can include a major explosion, fire, verified bomb threat, civil disorder, active shooter situation, or uncontrolled materials release which interrupts OC San’s ability to provide safe and environmentally responsible wastewater treatment. The Sanitations District’s protocol to control and respond to emergencies is contained within the Integrated Emergency Response Plan (IERP).
The IERP identifies and assesses hazards regarding emergency events which OC San may be confronted with and contains policies, plans, and procedures for preparing and responding to emergencies. The Sanitation District’s emergency response organization, called the Incident Command System (ICS), is activated when an emergency condition cannot be effectively responded to under routine operations. Once the immediate emergency has been controlled, then OC San must resume normal operations. In the event of a prolonged emergency state, the return to normal operations is guided by a Continuity of Operations Plan (COOP). In May 2018, a COOP was completed with all divisions contributing to its development. Business continuity planning is an ongoing process for OC San with plans being updated as information changes.
OC San collaborates with local agencies to ensure available resources are identified and engaged in the event of an emergency. OC San has partnered with local agencies in the areas of emergency response for evacuation drills and resource sharing.
Strategic Plan — 2021 | 79
1) OC San participated in the 2019 Orange Crush Regional Emergency Preparedness and Training Exercise in January 2019. This county-wide exercise used a scenario of a magnitude 7.8 earthquake strike along the San Andreas Fault. A full Emergency Operations Center activation occurred for this functional exercise and gave OC San the opportunity to test the Integrated Emergency Response Plan.
2) The Orange County Sheriff’s Department and the Orange County Health Care Agency established a Joint Information Center at Plant No. 2 on May 13-14, 2019, to host an enforcement event in Talbert Park. In addition, the operation was overseen by three federal judges who were present to ensure the rights of all citizens were not violated by law enforcement or The Health Care Agency. Officials utilized Plant No. 2 contractor gates for points of entry.
3) OC San is a member and funding agency of the Water Emergency Response of Orange County (WEROC), which is an organization that is administered by the Municipal Water District of Orange County (MWDOC). It supports and manages countywide emergency preparedness, planning, response and recovery efforts among Orange County water and wastewater utilities.
Security
The Department of Homeland Security has designated 16 critical infrastructure sectors, which includes water and wastewater systems. Wastewater systems are vulnerable to a variety of attacks, including acts of terrorism, contamination with deadly agents; physical attacks, such as the release of toxic gaseous chemicals, and cyberattacks. In addition, the Department of Homeland Security indicates that the average time it takes for a critical incident to take place is up to 12 minutes while the average police response time can be up to 11 minutes, and that time could increase should there be a natural disaster.
Additional security concerns include physical violence, vandalism, theft, and trespassers. With approximately 100 acres at each site, 600 employees, contractors, and members of the public on site for tours and meetings, it is essential to maintain a security force that can respond to security threats promptly.
OC San contracts with a security firm that supplies four armed and five unarmed guards to provide round the clock security monitoring of over 80 cameras, monitoring gate access, and patrolling the perimeter at both plants.
Current Situation
The Risk Management division has been given the responsibility and an adequate budget to assess and control the safety, security, and health risks that employees, contractors, and guests may be exposed to from OC San operations. Assessment and control of risks is achieved collaboratively between Risk Management staff and internal stakeholders. Risk Management, managers, and staff collaborate to develop written procedures (e.g., policies) that are used for controlling and eliminating hazards at OC San; thus, ensuring compliance with occupational health and safety standards and laws.
Safety
As the health and safety of employees, contractors, and visitors is the number one priority, OC San strives to achieve safety excellence. This is exemplified by our pursuit of the California Voluntary Protection Program (Cal/VPP). The Cal/VPP is a program created by Cal/OSHA to recognize organizations who have implemented safety and health programs that effectively
80 | Strategic Plan — 2021
prevent and control occupational hazards. A Cal/VPP workplace is expected to continually improve its safety program, which means a safe workplace for all. A reduction in injuries and illness has been documented at sites that have committed to the VPP approach. Cal/VPP is recognized as a higher level of protection for the workplace, for this reason, OC San is pursuing this designation.
In preparation for application to the Cal/VPP program, OC San conducted a Cal/VPP readiness assessment in January 2019 and developed an implementation strategy. The assessment included interviews with various OC San subject matter experts and discussions with employees during facility tours. OC San procedures and records were reviewed, and limited visual inspection of work locations and facilities was conducted. The assessment considered basic Cal/OSHA regulatory compliance and additional best management practices that are expected to be implemented in VPP certified workplaces. Based on the results of the VPP assessment, OC San is working toward applying for VPP before the end of calendar year 2019. The timing coincides with the implementation of most of the Safety Improvement Project (J-126), which are critical for success in our VPP pursuit.
This Safety Improvement Project (J-126) is progressing on-schedule. Of the eleven J-126 projects, two have been completed, seven are in the construction phase, and two are pending contractor award. It is important to note that interim measures have been taken to ensure worker safety at the locations identified for safety improvements. Workers are not exposed to hazards while projects are completed.
Eliminating hazards through engineering projects is critical, along with a positive safety culture. In order to assess the safety culture at OC San, a survey was conducted from February to April 2019. The results of this survey indicated employees believe the safety culture is improving, desired an increase in communication on safety issues, and wanted less online and more hands-on customized safety training.
Emergency Management
OC San partners with local agencies to ensure available resources are identified and engaged in the event of an emergency. Collaborations currently scheduled include:
1) In conjunction with WEROC, OC San participated in the development of the Orange County Water and Wastewater Hazard Mitigation Plan (Plan) which will be submitted for approval to the State. The Plan provides a framework for participating water and wastewater utilities to plan for natural and man-made hazards in Orange County. OC San is an active participant in the Plan, and developed a hazard mitigation plan, which is Annex C of the Plan. The resources and information within the Plan will allow OC San, and participating jurisdictions to identify and prioritize future mitigation projects, meet the requirements of federal assistance programs and grant applications, and encourage coordination and collaboration in meeting mitigation goals.
2) On July 27, 2019, the Sanitation District partnered with the Fountain Valley Police Department Explorers during OC San’s Open House event. The Police Explorers assisted Human Resources and Risk Management with crowd and traffic control. Their assistance was beneficial in the management of public during this important event.
Security
The designation of wastewater systems as critical infrastructure by the Department of Homeland Security requires OC San to be diligent in protecting people and property from security breaches. OC San seeks to continually improve the security program. On June 7, 2019,
Strategic Plan — 2021 | 81
OC San issued a Request for Proposal (RFP) for Security Services, which included a potential expansion of security services for OC San’s new Headquarters Complex. As part of the RFP evaluation, OC San will review procedural and technical enhancements/innovations that may improve the existing program.
In addition, OC San has established a Security Committee, which includes stakeholders from a cross-section of the organization, to collect input and assess physical and cybersecurity concerns and suggestions. Responsibilities of the committee include, but are not limited to, development of a physical and cybersecurity plan, reviewing orders and policies, reviewing incident reports, and planning drills. The first meeting of the committee was held on June 6, 2019.
Future Policy Statement
Risk Management has and will continue to implement strategic initiatives that will ensure the safety, health, and security of its workforce, and proactively plan for emergencies to ensure continuity of operations. Staff is dedicated to proactively monitoring the changing work environment and requirements to implement programs now that address future vulnerabilities. Assessments of changes in business needs, plant processes, and legal requirements are necessary to ensure a safe and secure work environment. The results of improvement will be measured using leading metric indicators and reported to the workforce to foster employee engagement.
Initiatives to Support Progress Toward the Policy Goal
Safety
• Complete outstanding safety projects, improvements, and corrective actions to apply and obtain Cal/OSHA Voluntary Protection Program (VPP) status; and continue to foster a culture where employees are accountable for their safety, as well as the safety of others.
Emergency Management
• Support facility and countywide emergency preparedness, response, and recovery efforts by partnering with entities, such as, the Water Emergency Response Organization of Orange County (WEROC), Orange County Sheriff’s Department, and local fire departments to plan and continue to conduct disaster preparedness training and exercises.
Security
• Continually identify and assess vulnerabilities and implement solutions through the Security Committee and third-party assessments. Prevent/mitigate security breaches using physical security systems such as video monitoring, access control, and armed security patrols.
Reclamation Plant No. 1
(Administration Offices)
10844 Ellis Avenue
Fountain Valley, California 92708
714.962.2411
Treatment Plant No. 2
22212 Brookhurst Street
Huntington Beach, California 92646
For more information
Email: ForInformation@ocsan.gov
Phone: 714.962.2411
www.ocsan.gov
November 2019
Strategic PlanORANGE COUNTY SANITATION DISTRICT
Table of Contents
Board of Directors 4
Message from the General Manager 5
Executive Summary 6
Mission Statement and Vision Statement 9
Core Values 10
Policy Statements and Initiatives 11
Appendix: Policy Papers 17
3STRATEGIC PLAN NOVEMBER 2019 •
Board of Directors
4 STRATEGIC PLAN NOVEMBER 2019
Anaheim Brea Buena Park Cypress Fountain Valley Lucille Kring Glenn Parker Fred Smith Mariellen Yarc Steve Nagel
Fullerton Garden Grove Huntington Beach Irvine La Habra Jesus J. Silva Steve Jones Erik Peterson Christina Shea Tim Shaw
La Palma Los Alamitos Newport Beach Orange Placentia Peter Kim Richard Murphy Brad Avery Mark Murphy Chad Wanke
Santa Ana Seal Beach Stanton Tustin Villa Park Cecilia Iglesias Sandra Massa-Lavitt David Shawver Allan Bernstein Robert Collacott (Chairman)
Costa Mesa Midway City Irvine Ranch Yorba Linda Orange County Sanitation District Sanitary District Water District Water District Board of Supervisors James M. Ferryman Andrew Nguyen John Withers Phil Hawkins Doug Chaffee (Vice-Chairman)
Strategic Plan Message from the GM
The Orange County Sanitation District is celebrating 65 years of service
to the public this year. Over those years the Sanitation District has been
adapting itself to the changing requirements and needs of the communities
it serves. We have moved from an organization exclusively focused on
preservation of public health to a world class resource recovery facility
which protects the public health and the environment in ways our founders
could never imagine.
This on-going evolution is the intentional outcome of a very deliberate
strategic planning process that has been in place at the Sanitation District
from the very beginning. From the “Waste Water Disposal and Reclamation
for the County of Orange” in 1947 to the Master Plans of the 1980s to the
current Strategic Plan, the Sanitation District has always taken the long
view to craft a progressive vision and build the necessary infrastructure
and staffing to deliver world class service.
This forward-thinking vision of the Sanitation District begins with the Board
of Directors. The Board of Directors of the Sanitation District have a long
history of mapping out bold, clear visions for the staff to deliver including
energy recovery facilities, water reclamation facilities and partnerships,
innovative odor control facilities, full secondary treatment levels, urban
runoff beach protection partnerships, and the world’s largest indirect
potable water reuse facility.
I would like to thank the current Board of Directors for continuing the legacy
of leadership in strategic planning and innovation. Your commitment and
leadership drive the Sanitation District to continue to innovate and meet
the challenges facing our region. I look forward to working together to
accomplish all the initiatives in this Strategic Plan.
Sincerely,
James D. Herberg
General Manager
5STRATEGIC PLAN NOVEMBER 2019 •
6 STRATEGIC PLAN NOVEMBER 2019
Strategic Plan Executive Summary
The Orange County Sanitation District (Sanitation
District) is a regional wastewater collection and resource recovery agency utilizing extensive public works assets to deliver its vital public services. The Strategic Plan developed by the Board of Directors and staff defines the strategic initiatives to be pursued by the Sanitation District and provides a basis for long-term financial, capital, and operational planning. In addition, it provides for long-term continuity of vision as Board and staff members change over the many years it takes to deliver public works infrastructure.
The Sanitation District has developed a two-year, four-step management process that creates and maintains vision alignment between the Board
of Directors, the staff, and the public we serve.
Strategic planning is the first step to define the
Sanitation District’s ability to have people and
assets in place to meet its agreed upon mission
as defined by the Board. The second step is
capital and operational planning based on the
adopted strategic plan. The third step is budget development to execute the plan and define the tactical goals to work toward the strategic goals. The final step is execution of the budget plan and tactical goal attainment. These four steps are repeated every two years to maintain alignment and make course corrections based on new Board member input, legal and regulatory changes, and the needs of the communities we serve.
STRATEGIC PLANNING PROCESS
2019 2020 2021 2022 2023 2024
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4
Strategic PlanDevelopment Budget Development General Manager Work Plan
General Manager Work PlanBudget Update
General Manager Work Plan
General Manager Work PlanBudget UpdateRate Study Prop218
Strategic PlanDevelopment Budget Development
Strategic PlanDevelopment Budget Development
•
7STRATEGIC PLAN NOVEMBER 2019
The Strategic Plan is broken down into four broad
categories with fourteen topic areas that define
our responsibilities and the services we provide.
These areas are:
• Business Principles
o Budget Control and Fiscal Discipline
o Asset Management
o Cybersecurity
o Property Management
• Environmental Stewardship
o Energy Independence
o Climate and Catastrophic Event Resiliency
o Food Waste Treatment
o Water Reuse
o Environmental Water Quality, Stormwater
Management and Urban Runoff
• Wastewater Management
o Chemical Sustainability
o Biosolids Management
o Constituents of Emerging Concern
• Workplace Environment
o Resilient Staffing
o Safety and Physical Security
Each topic was collaboratively developed between
the Board of Directors and staff members. Initial
topic lists were discussed with the Steering
Committee. Initial policy statements and initiatives
were developed which formed the basis for a
survey instrument to the Board of Directors. Based
on the survey input, individual draft topic papers
were presented to the Board of Directors over
three meetings in August and September. The
topic papers were finalized based on the direction
received at these three meetings and are included
in this published plan.
The Strategic Plan policy papers break down each
area. They begin with a policy statement, provide
background, layout the current situation, layout a
future policy statement, and finish with initiatives
to support progress toward the policy goal.
The Strategic Plan presented in this document is
not a radical departure from the current direction,
but rather the well-defined iterative update to
the direction of the Sanitation District. With the
adoption of the Strategic Plan, staff will begin the
effort of updating the Asset Management Plan,
Capital Improvement Plan, and Financial Plan
that are the basis of a two-year budget that will
be adopted by the Board of Directors in June. The
Budget goals and the General Manager’s work
plan are the accountability step that measures
achievable progress toward the strategic initiatives
listed in the Strategic Plan topic papers.
•
8 STRATEGIC PLAN NOVEMBER 2019 •
9STRATEGIC PLAN NOVEMBER 2019
OUR MISSION
“To protect public health and the environment by providing effective
wastewater collection, treatment, and recycling.”
OUR VISION
ORANGE COUNTY SANITATION DISTRICT WILL BE A LEADER IN:
• Providing reliable, responsive and affordable services in line with customer needs and expectations.
• Protecting public health and the environment, utilizing all practical and effective means for wastewater,
energy, and solids resource recovery.
• Continually seeking efficiencies to ensure that the public’s money is wisely spent.
• Communicating our mission and strategies with those we serve and all other stakeholders.
• Partnering with others to benefit our customers, this region, and our industry.
• Creating the best possible workforce in terms of safety, productivity, customer service, and training.
•
10 STRATEGIC PLAN NOVEMBER 2019
OUR CORE VALUES
Our Core Values support the Mission and Vision Statements by expressing the values, beliefs, and philosophy that guides our daily actions. They help form the framework of our organization and reinforce our professional work ethic.
Honesty, Trust and Respect
We aspire to the highest degree of integrity, honesty, trust, and respect in our interaction with each
other, our suppliers, our customers, and our community.
Teamwork and Problem Solving We strive to reach OCSD goals through cooperative efforts and collaboration with each other and our constituencies. We work to solve problems in a creative, cost-effective and safe manner, and we acknowledge team and individual efforts.
Leadership and Commitment
We lead by example, acknowledging the value of our resources and using them wisely and safely to
achieve our objectives and goals. We are committed to act in the best interest of our employees, our
organization, and our community.
Learning/Teaching - Talents, Skills and Abilities We continuously develop ourselves, enhancing our talents, skills, and abilities, knowing that only through personal growth and development will we continue to progress as an agency and as individuals.
Recognition/Rewards
We seek to recognize, acknowledge and reward contributions to OCSD by our many talented employees.
•
11STRATEGIC PLAN NOVEMBER 2019
BUSINESS PRINCIPLES
Budget Control and Fiscal Discipline Policy
Policy Statement
The Sanitation District will prudently manage the public funds that it collects. It will take a long-
term planning approach to its facilities and rate
setting that provides a stable setting program,
prudent reserves, and pay-as-you-go philosophy
for operating and replacing capital expenses.
Initiatives
• Maintain a rate setting program that keeps
the Sanitation District in the lower third of our
comparative agencies.
• Maintain a “Pay as You Go” approach to fund
current operating expenditures.
• Maintain a portfolio management approach that
focuses on safety, liquidity and performance in
that order.
• Continually look for ways to reduce total debt
payments without lengthening its term.
• Ensure that no new debt issuances are used
to support currently programmed capital
expenditures and that all existing debt is paid
off by 2044.
Asset Management Policy
Policy Statement
The Sanitation District will assess and manage the collection system and treatment plant systems and assets to improve resilience and
reliability while lowering lifecycle costs. This will
be accomplished through adaptive operation,
coordinated maintenance and condition
assessment, and planned capital investment. Staff
will balance maintenance, refurbishment, and
replacement strategies to maximize useful life,
system availability and efficiency.
Initiatives
• Create an annual Asset Management plan
documenting the condition of the collection
system and treatment plants, and upcoming
maintenance or capital projects.
• Coordinate the efforts of operations, collections, mechanical maintenance, electrical maintenance, instrument maintenance and engineering through process teams to assure the Sanitation District’s resources are focused on the high priority work functions.
• Maintain a 20-year forecast of all CIP projects needed to maintain or upgrade the Sanitation District’s nearly $11 billion in assets on a prioritized risk basis to establish rate structures.
Cybersecurity Policy
Policy Statement
The Sanitation District must maintain adequate cybersecurity (information technology security) techniques that protect computer assets, networks, programs, data, and industrial control equipment from unauthorized access or attacks that are aimed for exploitation.
Initiatives
• Conduct various tabletop exercises to determine the organization’s ability to respond to a targeted cyberattack and to improve the quality of the response should an attack occur.
• Evaluate, enhance and monitor network security including activities to protect the usability, reliability, integrity and safety of the network by developing Security Operations Center capabilities that support continuous monitoring and is responsible for the continuous threat protection process.
• Conduct a comprehensive third-party cybersecurity operations assessment (Red Team). A thorough Red Team engagement will expose vulnerabilities and risks regarding:
° Technology — Networks, applications, routers, switches, appliances, etc.
° People — Staff, independent contractors, departments, business partners, etc.
° Physical — Offices, warehouses, substations, data centers, buildings, etc.
The Strategic Plan is broken down into four broad categories with 14 topic areas.
Below are the policy statements and corresponding initiatives to achieve the goals of the plan.
The complete policy papers can be found in the appendix.
•
12 STRATEGIC PLAN NOVEMBER 2019
Property Management Policy
Policy Statement
The Sanitation District owns and operates assets
throughout its service area located in property
owned in fee, through easements and in the public
right-of-way. The Sanitation District will identify and protect all of its property rights to assure that its assets are not encumbered or encroached upon so that the facilities may be properly operated, maintained, upgraded, and replaced.
Initiatives
• The Sanitation District will review its property rights to identify encroachments or encumbrances
that restrict operation, maintenance, inspection
or emergency repair access. Staff will work with
identified parties to remove encroachments or
encumbrances.
• Staff will consolidate real estate and property management activities to maximize its resources and effectiveness. With the completion of the property rights and real estate assessments,
the Sanitation District will evaluate the various
resources available and develop an appropriate
resource management plan to assess and
maintain its property assets.
i i Crrriw I
•
ENVIRONMENTAL STEWARDSHIP
Energy Independence Policy
Policy Statement
The Sanitation District will strive to be a net energy
exporter. Electrical, thermal, and methane gas
generation will be maximized. Energy utilization
will be minimized using sound engineering and financial principles.
Initiatives
• Maximize the anaerobic digestion conversion
of organics to methane through receipt of food waste and operational techniques.
• Investigate and install energy storage and
photovoltaic systems where practical to achieve
energy independence/resilience.
• Continue to support the conversion of biomethane into electricity and heat for process use. Improve systems as necessary to comply with air regulations.
Climate and Catastrophic Event
Resilience Policy
Policy Statement
The Sanitation District aims to design, maintain and
operate valuable wastewater assets that withstand
or adapt to adverse conditions in a reasonable
manner that is both cost-effective and sustainable for present and future generations. These adverse conditions include heavy rains, flooding, sea level rise, earthquakes, tsunamis, extreme heat, wildfires, and electrical grid interruptions.
Initiatives
• Complete an engineering study of the seismic
vulnerabilities of the treatment plants. Incorporate necessary upgrades into future capital improvement projects.
• Complete the biannual high flow exercise to
assure readiness for a high flow event. Maintain a higher level of readiness October 15 through March 15 and in advance of predicted significant rain events.
• Study the potential impact of tsunami and
changing climate conditions including flooding
due to high tides and heavy rain events.
Food Waste Treatment Policy
Policy Statement
The State of California limits the volume of organic
waste that may be diverted to landfills. The
Sanitation District will collaborate with the County
of Orange, other local agencies, and waste haulers to find ways to beneficially reuse food waste, a type of organic waste to assist cities in our service area in meeting their diversion requirements while increasing the Sanitation District’s energy production.
Initiatives
• The Sanitation District will accept a preprocessed
food waste slurry from contracted waste haulers that will be fed to existing anaerobic digesters. The Sanitation District will charge a tipping fee to offset its costs for capital construction, operations, handling, maintenance, and biosolids disposal.
• Design, build, and operate a food waste receiving station. Create a specification for food waste slurry and contract with solid waste haulers to receive and process food waste.
Water Reuse Policy
Policy Statement
The Sanitation District will seek to beneficially
reuse all reclaimable water for potable, industrial,
irrigation, and environmental uses.
Initiatives
• Support the completion of the final phase of
the Groundwater Replenishment System and maximize reclaimable wastewater availability to the Orange County Water District.
• Support Green Acres project water production
to provide reclaimed water for industrial and
irrigation uses.
Environmental Water Quality, Stormwater
Management and Urban Runoff Policy
Policy Statement
The Sanitation District will partner with storm water
permittees to accept up to ten million gallons per
day of dry weather urban runoff at no charge in
order to improve water quality in streams, rivers, and beaches as long as the constituents within the flow do not adversely impact the Sanitation
13STRATEGIC PLAN NOVEMBER 2019 •
District’s worker safety, treatment processes, reuse
initiatives, or permit compliance. The Sanitation
District facilities are subject to significant flow
increases during wet weather events and are not
capable of accepting stormwater flow volumes.
Initiatives
In accordance with Resolution No. 13-09, the
Sanitation District intends to continue accepting up
to ten million gallons per day of pumped dry weather
urban runoff diversion where existing conveyance
capacity exists, and the constituents of the flow will
not adversely impact the Sanitation District. The
Sanitation District also intends to continue working
with industries, agencies, and other facilities to
offer alternatives to stormwater and runoff disposal
through special purpose discharge permits or
other written authorization in accordance with the
Sanitation District’s Ordinance, where doing so
does not negatively affect the Sanitation District’s
operation or compliance with local, state, and
federal regulations, and wastewater can be held for
evaluation prior to discharge.
Additionally, to act as a regional partner in
resolving issues associated with disposing of and
reusing stormwater, the Sanitation District intends
to work with local jurisdictions to determine the
feasibility of regional wet weather runoff capture,
storage, and use projects.
• Issue dry weather urban runoff connection
permits up to a total of ten million gallons
per day to other service area local agencies to
accept pumped dry weather urban runoff flows
where existing conveyance capacity exists, and
the constituents of the flow will not adversely
impact the Sanitation District.
• Continue working with industries, facilities,
agencies, and local jurisdictions that have
authority over stormwater or surface water
runoff to determine the feasibility of regional
wet weather runoff capture, storage, and use
projects or offer alternatives to stormwater
and runoff disposal through permits or other
written authorization. The Sanitation District
will promote responsible stormwater utilization
and sewer protection, where doing so does
not negatively affect the Sanitation District’s
operation or compliance with local, state, and
federal regulations, and wastewater can be held
for evaluation prior to discharge.
14 STRATEGIC PLAN NOVEMBER 2019 •
WASTEWATER MANAGEMENT
Chemical Sustainability Policy
Policy Statement
The Sanitation District has a need to use chemicals
in its treatment process to improve plant
performance, reduce odor and corrosion potential,
and meet its regulatory requirements. These commodity chemicals are provided by outside vendors through the purchasing process. Some of these chemicals are subject to price swings due to market condition changes such as energy cost impacts, raw material cost changes, commercial competition changes, and transportation cost volatility. The Sanitation District will identify chemicals key to its operation, investigate the market risks for those chemicals and devise strategies to mitigate identified risks to availability and pricing.
Initiatives
• Reduce reliance on any particular chemical or
vendor and establish flexibility to utilize other chemicals/processes to accomplish the same operational objectives.
• Update the Sanitation District’s Chemical
Sustainability Study and incorporate the results
in future procurement recommendations.
Biosolids Management Policy
Policy Statement
The Sanitation District will remain committed to a
sustainable biosolids program and will beneficially
reuse biosolids in accordance with Resolution No.
OCSD 13-03 and the 2017 Biosolids Master Plan.
Initiatives
• Educate and advocate with the local, state, and
federal agencies to assure biosolids will continue to be safely and legally used as a soil amendment and monitor and research the development of initiatives of constituents of emerging concerns such as polyfluoroalkyl substances (PFAS) and microplastics that may impact biosolids.
• Stay abreast of new technology options to
convert organics to energy and other regional biosolids recycling and renewable energy partnerships within Southern California.
• Proceed with mesophilic and thermophilic
biosolids facility at Plant No. 2 to enhance
biosolids quality and marketability while
improving the Sanitation District’s operational
resiliency against seismic events.
Constituents of Emerging Concern Policy
Policy Statement
The Sanitation District will partner with other
agencies, associations, and institutions to
support the use of sound science to inform
policy and regulatory decisions on constituents
of emerging concern (CECs) at the federal, state,
and regional levels. Staff will obtain and maintain
current knowledge on CECs under regulatory
consideration, including occurrence, analytical
methods, regulations, and treatment to support
the Sanitation District’s mission.
Initiatives
• The Sanitation District will continue to actively
engage water and wastewater stakeholders to
stay abreast of the scientific progress and any
potential operational and financial impacts
of CECs and provide timely briefings to the
Sanitation District’s Management Team and
Board to facilitate informed decision making.
• The Sanitation District will continue to develop
capacity to detect, quantify, and characterize
CECs throughout the service area and treatment
process in order to promote treatment
effectiveness and the communication of credible
risks.
• The Sanitation District will actively research
laboratory techniques and other scientific
research to understand the real and potential
impact of CECs, like polyfluoroalkyl substances
(PFAS) and perfluorooctanoic acid (PFOA), on
the reuse of water and biosolids. The Sanitation
District will use science-based knowledge to
help shape legislation and regulation to protect
the public health and environment.
15STRATEGIC PLAN NOVEMBER 2019 •
WORKPLACE ENVIRONMENT
Resilient Staffing Policy
Policy Statement
The Sanitation District will attract and retain high-
quality talent to support its mission and continue to
be an industry leader. It will safeguard leadership
continuity and support effective performance of the organization by proactively monitoring the changing work environment and requirements to ensure development programs are relevant and build a skilled bench of readily available successors for key leadership and mission-critical positions.
Initiatives
• Maintain and enhance current effective
development programs that are in place to provide the direction to identify, develop and select the next generation of prepared, capable and engaged leaders, which include:
° Vocational/Professional Student Internship
Programs
° Employee Development Program
° Workforce Vulnerability Assessments
° Talent Readiness Assessments
° Building Leaders and Skills for Tomorrow
(BLAST) Program
° Strengthening Operator Training Programs
• Continue cyclical Classification and Compensation
studies to ensure job classifications accurately depict the work being performed, to set compensation levels accordingly, and stay abreast of market benefit and salary data.
• Prior to the next scheduled Classification &
Compensation study, Human Resources will work with the Board of Directors and meet and confer with the unions to review selected survey agencies based on recognized classification and compensation standards and the job market in which we compete.
Safety and Physical Security
Policy Statement
The Sanitation District will ensure the safety
and security of employees, contractors, and
visitors through standard practices, policies,
and procedures that support a safe and secure environment, provide an appropriate level of security, and safeguard OCSD’s property and physical assets.
Initiatives
Safety
• Complete outstanding safety projects,
improvements, and corrective actions to apply and obtain Cal/OSHA Voluntary Protection Program (VPP) status; and continue to foster a culture where employees are accountable for their safety as well as the safety of others.
Emergency Management
• Support facility and countywide emergency
preparedness, response, and recovery efforts by partnering with entities, such as, the Water Emergency Response Organization of Orange
County (WEROC), Orange County Sherriff
Department, and local fire departments to plan
and continue to conduct disaster preparedness
training and exercises.
Security
• Continually identify and assess vulnerabilities
and implement solutions through the Security Committee and third-party assessments. Prevent/mitigate security breaches using physical security systems such as video monitoring, access control, and armed security patrols.
16 STRATEGIC PLAN NOVEMBER 2019 •
17STRATEGIC PLAN NOVEMBER 2019
Appendix: Policy Papers
•
18 STRATEGIC PLAN NOVEMBER 2019 •
Business Principles
19STRATEGIC PLAN NOVEMBER 2019 •
20 STRATEGIC PLAN NOVEMBER 2019
Budget Control and Fiscal Discipline Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will prudently manage the public funds that it
collects. It will take a long-term planning approach to its facilities and rate setting that provides a stable
setting program, prudent reserves, and pay-as-you-go philosophy for operating and replacing capital
expenses.
Background
The Sanitation District manages nearly $500 million annually. These funds support the Sanitation
District’s operating, capital, and debt expenditures. The Sanitation District focuses its fiscal policy
around three distinct areas: Revenues, Portfolio Management, and Debt Management. These areas are
described in the Budget, Investment Policy, and Debt policy all of which are updated annually.
Current Situation
Revenues
The majority of the Sanitation District’s revenue is generated by user fees and charges. Currently, the
Sanitation District fees are in the lower third of its comparison agencies’.
The Sanitation District’s revenues come from three general areas: Fees and Charges (74%), Property
Taxes (21%) and other smaller revenue sources (5%).
• Fees and Charges: User fees are ongoing fees for services paid by Single Family and Multifamily
customers connected to the sewer system. Also included in this category are Permit Fees (User fees paid by large industrial and commercial business owners connected to the sewer system and Capital Facility Capacity Charges (CFCC) (a one-time charge imposed at the time a newly constructed building or structure is connected to the Sanitation District system). The Sanitation District policy has been to focus on cost recovery while keeping fees as low as possible.
• Property Taxes: The Sanitation District receives a share of the basic property tax levy proportionate to
what was received in the 1976 to 1978 period less $3.5 million allocated to school districts. These funds are dedicated to the payment of debt service.
• Other Revenue: Other Revenue includes Interest Earnings, Intra-District Transfers and small revenue
sources.
Portfolio Management
The Sanitation District Investment Policy is governed by three tenets:
• Safety: The safety and preservation of principal is the foremost objective of the investment program.
Investments shall be selected in a manner that seeks to ensure the preservation of capital in the overall portfolio. This will be accomplished through a program of diversification and maturity limitations.
• Liquidity: The investment program will be administered in a manner that will ensure that sufficient
funds are available for the Sanitation District to meet its reasonably anticipated operating expenditure needs.
• Return on Investments: The Sanitation District’s investment portfolio will be structured and
managed with the objective of achieving a rate of return throughout budgetary and economic cycles, commensurate with legal, safety, and liquidity considerations.
The Sanitation District’s investments are separated into two distinct portfolios, Long-term and Short-
term, with a primary focus on the Long-term portfolio.
•
21STRATEGIC PLAN NOVEMBER 2019
The Long-Term portfolio always focuses on four elements, duration, sector allocation, term structure,
and security selection.
Duration
• Typically, the Sanitation District keeps the duration of a portfolio ‘close’ to the benchmark duration as
we feel the benchmark duration is consistent with the risk tolerance of the strategy.
• The investment policy of the Sanitation District stipulates the average duration must not exceed 60
months and be within 80-120% of the benchmark.
• Historically the deviation of the long-term portfolio versus the benchmark is close to 5%. Large
deviations in the duration of the portfolio compared to the benchmark are an anomaly.
Sector Allocation
• The Sanitation District takes an active approach to asset allocation, differentiating our holdings versus
the benchmark, with typically a modestly higher risk exposure compared to the benchmark.
• Some of the asset classes we find more attractive in the current investing environment include
Corporate notes, Asset Backed Securities, and Treasury notes relative to the Agency and Supranational
sectors.
• The sector allocation of the portfolio will evolve over time as our outlook for the various eligible
investment options changes.
Term Structure
• The Sanitation District manages the term structure of the portfolio by focusing on either a bullet,
ladder or barbell structure, relative to the benchmark.
• For most of 2018 the structure was gravitating towards more of a bullet structure in light of the change
in the sharp of the yield curve, with short term interest rates moving higher at a greater velocity than
longer maturity securities.
• Currently, with the yield curve very flat, we are migrating back towards more of a barbell structure,
with new purchases focused at the short and long end of the eligible maturity distribution. We also
find the middle to the maturity distribution, near the three-year maturity point, to be the most
expensive from an absolute and relative value perspective, further supporting the barbell structure.
Security Selection
Within the Corporate and Asset Backed sector, the Chandler team focuses on adding stability to improve credits to be consistent with the overall investment objective of safety, liquidity, and return.
• As a Corporate holding becomes more seasoned, with a short maturity, it is often utilized as a ‘source
of funds’ to facilitate new holdings in the portfolio.
• Typically, Asset Backed securities are held to maturity, but in the event of a liquidity need and/or a
deteriorating credit situation we would look to reduce the exposure.
The Sanitation District allocates to the Agency and Supranational asset classes when we find the spread over a like maturity Treasury notes to be attractive.
• Considering the lack of issuance in the Agency sector since the financial crisis, the relative value of
the sector has become more challenging.
• The Sanitation District has a core view that the Supranational Asset class should offer a modest
spread concession to the Agency sector, and the team is typically active in the sector when the
additional spread pick-up is compelling.
•
22 STRATEGIC PLAN NOVEMBER 2019
Across all asset classes, the Sanitation District will remove exposure to a security that is faced with a
deteriorating credit situation and/or trading at an irrational valuation where a swap into an alternative
security will be beneficial to the portfolio over a reasonable investment time horizon.
Debt Management
Due to the magnitude of the capital improvement program, the Sanitation District has utilized a combination of user fees, property taxes and debt to meet its total obligations and maintain
generational equity.
It is the Sanitation District’s policy not to issue any new additional debt for any existing obligations. However, the Sanitation District will actively review opportunities to refinance existing debt where
possible provided the new refinancing results in a lower total cost and/or shortens the length of the
obligations.
The primary debt financing mechanism used is Certificates of Participation (COP). COPs are a repayment
obligation based on lease or installment sale agreements. As of July 1, 2019, the total outstanding COP
indebtedness was $973 million with a blended interest rate of 3.05%. It is anticipated that the debt will
be paid off by 2044.
Future Policy Statement
The Sanitation District will effectively manage its revenues and expenses to support all OCSD operating and capital activities while maintaining a fair and reasonable rate structure. The Sanitation District will maintain reserves and available resources to ensure the access to funds as needed and guarantee
payment of all outstanding debt issuances. The Sanitation District will manage its investment by
focusing on safety, liquidity and return on investment, in that order of priority.
Initiatives to Support Progress Toward the Policy Goal
• Maintain a rate setting program that keeps OCSD in the lower third of our comparative agencies.
• Maintain a “Pay as You Go” approach to fund current operating expenditures.
• Maintain a portfolio management approach that focuses on safety, liquidity and performance in that
order.
• Continually look for ways to reduce total debt payments without lengthening its term.
• Ensure that no new debt issuances are used to support the currently programmed capital
expenditures and that all existing debt is paid off by 2044.
•
23STRATEGIC PLAN NOVEMBER 2019
Asset Management Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will assess and manage the collection system
and treatment plant systems and assets to improve resilience and reliability while lowering lifecycle
costs. This will be accomplished through adaptive operation, coordinated maintenance and condition
assessment, and planned capital investment. Staff will balance maintenance, refurbishment, and replacement strategies to maximize useful life, system availability and efficiency.
Background
The Sanitation District is a regional governmental agency principally chartered to protect the public
health through collection and treatment of wastewater. The governing Board of Directors has defined
this role to include the recovery and utilization of resources from wastewater for the public good as a
part of that mission. The environmental impact mitigation of the human activity of 2.6 million people and the natural drainage of the 471 square miles the Sanitation District serves is our principal concern.
The Sanitation District owns and operates extensive facilities to achieve its mission. The Sanitation
District estimates the replacement value of the civil, mechanical, and electrical assets in its collection system, Plant No 1 in Fountain Valley, and Plant No. 2 in Huntington Beach to be nearly $11 billion. The Sanitation District has been building the piping, pumping, and treatment infrastructure it utilizes for more than sixty-five years. It is necessary to expand, renew, replace, demolish, and rebuild components of the system to deal with wear and tear and meet new challenges.
The early years for the Sanitation District were characterized mostly by capacity expansion to meet the challenges of increased flows as the county grew. The late 1970s to the 2000s were more defined by improved levels of treatment. The last ten years have been focused on increasing the level of resource reuse. One of the key success factors for the Sanitation District has been the ability to upgrade and repurpose its operating facilities to accomplish high levels of treatment and reuse.
Current Situation
The Sanitation District is a highly planned, forward-looking organization. The collection system and each of the treatment plants are broken down into granular functional parts. Each part is well defined and future requirements are estimated. The Sanitation District has a detailed understanding of what is owned, what condition it is in, and how it is capable of performing.
The collection system is made up of independent pipe networks that were installed by the former independent sanitation districts to deliver flow to the joint treatment works. Generally speaking, the natural watershed drainages in the service area are served by major trunk sewer systems. The Sanitation District has worked with member city and agency staff to understand future development plans, flow estimates, and has collected historical inflow and infiltration rates during wet weather events to assure adequate flow carrying capability exists in each trunk sewer system. The Sanitation District also factors in the effects of drought and lower domestic water usage rates to make sure the sewers operate properly at low-flow rates.
The treatment plants are broken down into the discrete process units that make up the whole. Each plant has a headworks unit that brings in flow and does preliminary treatment, a primary treatment unit which does gravity settling, multiple biological secondary treatment systems, solids handling and dewatering, power generation and distribution utilities, water and air system utilities, and an outfall system to release treated water to the ocean. Each plant can treat 320 million gallons per day of wet weather flow, but only 185 million gallons total on average is treated. The Sanitation District must always maintain the ability to treat both the average flow and peak wet weather flow.
The Sanitation District understands that every asset has an expected life. Electrical systems are generally limited by component obsolescence to 20 years of life. Mechanical and coating systems are also generally limited by erosion, corrosion, and wear to 20 years of life. Civil structures and pipes are generally limited to 60 to 80 years of life if maintained on a regular basis.
•
24 STRATEGIC PLAN NOVEMBER 2019
With this in mind, the Sanitation District has created a facilities master plan that plans to renew or
replace facilities on this regular basis. Collection system projects are driven by growth projections or
condition findings. Pipes are upsized or renewed based on flow projections, corrosion observation,
coating system failure, or the ability to increase reclamation. The 15 regional pump stations are renewed
on a more frequent basis due to the mechanical wear and tear and electrical component obsolescence
needs, about every 25 years.
The master plan for the treatment plants is much more dynamic. In addition to the electrical,
mechanical, and civil asset considerations, there is also the need to meet new requirements. The new
requirements are driven by regulatory agencies or by the Board of Directors to change a discretionary
level of service. Examples include: capacity demands (more water, more solids), lower discharge
requirements (lower BOD/TSS to the outfall, lower nutrients to the ocean), more water for reclamation,
better energy conversion of solids, and many more. The 2017 Facilities Master Plan took a snapshot in
time looking at the anticipated needs and levels of service to lay out a detailed project plan to morph
the Sanitation District infrastructure over time to meet the expectation. Renewal or replacement
projects with costs and schedules were laid out for each individual unit of the treatment plants to
address capacity, condition, level of service, and anticipated new regulatory drivers.
Future Policy Statement
The Sanitation District will continue to invest in the infrastructure necessary to meet its mission.
The Sanitation District will seek to provide its required level of service at the minimum lifecycle cost
for its collection and treatment systems. The 2017 Master Plan was the snapshot basis of the Capital
Improvement Plan, but the Asset Management Plan is the means to update and modify the Capital
Improvement Plan to meet new requirements and conditions as time goes by.
The Sanitation District will understand in a transparent way: what it owns, the condition of those assets,
the capacity of collections and treatment required, the level of service required by its regulators and
Board of Directors and will anticipate new regulations that may require system improvement. This
understanding will drive coherent operations, targeted maintenance, and capital investment strategies
to assure resilient, lowest lifecycle cost compliance with the requirements.
Operations is committed to optimizing the operation of the systems to extend equipment life and
minimize energy and chemical utilization, while meeting all regulatory and level-of-service requirements.
Maintenance is committed to maintain the installed assets in a ready state for operations. Maintenance
will seek to balance individual component preventive maintenance, repair, and renewal in harmony with
the Capital Improvement Program (CIP). The CIP is based on the Master Plan, modified by the annual
Asset Management Plan, and will execute the projects to install, renew, or replace trunk sewers or
treatment plant units on a scheduled basis.
Asset Management at the Sanitation District is the living management of the operation strategies,
maintenance plans, and implementation of the Capital Improvement Plan. The Sanitation District
will find creative ways to maximize asset life or meet new capacity or level of service goals through
operations and maintenance. The Sanitation District will annually reassess its condition, capacity, level
of service, and regulatory conditions to drive operations and maintenance practices and modify the
Capital Improvement Plan projects.
Initiatives to Support Progress Toward the Policy Goal
• Create an annual Asset Management plan documenting the condition of the collection system and
treatment plants, and upcoming maintenance or capital projects.
• Coordinate the efforts of operations, collections, mechanical maintenance, electrical maintenance,
instrument maintenance and engineering through process teams to assure the Sanitation District’s
resources are focused on the high priority work functions.
• Maintain a 20-year forecast of all CIP projects needed to maintain or upgrade the Sanitation District’s
nearly $11 billion in assets on a prioritized risk basis to establish rate structures.
•
25STRATEGIC PLAN NOVEMBER 2019
Cybersecurity Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) must maintain adequate cybersecurity
(information technology security) techniques that protect computer assets, networks, programs, data,
and industrial control equipment from unauthorized access or attacks that are aimed for exploitation.
Background
Developing an effective, sustainable cybersecurity program is a pressing challenge for organizations
of all sizes. The reasons behind the scope of the challenge are many. Cyber risk continues to grow at
an exponential rate with routine attacks from nation states, criminal elements, hacktivists, and insider
threats. The bottom line is cybercrime pays. The booming cybercrime economy is productizing malware
and making cybercrime as easy as shopping at Amazon. With this easy access to cybercriminal tools
and services, enterprises are experiencing rapid increases in the volume, scale, and sophistication of cyberattacks. Complex and dynamic information security disciplines are subject to continuous changes in the business, technology and threat environments. Many organizations will struggle to implement security programs that support continuous improvements in this challenging environment.
Current Situation
The Sanitation District has evolved over recent years from dedicating less than half of a position
towards cybersecurity, to one position, to currently two full-time positions. The Sanitation District’s cybersecurity portfolio consists of strategic policy management, defense in depth practices, periodic risk assessments, ongoing awareness communication and operational (e.g., security monitoring and incident response, threat and vulnerability management, user provisioning) processes. For example:
• Cybersecurity Awareness and Training Program - The Sanitation District understands that our
employees are our best line of defense in protecting and defending our enterprise from attack. We have built a comprehensive security awareness program by focusing on four critical functions: phishing attack simulations and reporting, quarterly education requirements, targeted training for IT developers and SCADA engineers, and pervasive communications utilizing internal communication tools.
• Vulnerability Management — IT staff subscribe to and monitor security advisories and threat
bulletins from Microsoft, US-CERT, ICS-CERT, KnowBe4, Cisco, and other vendors to understand and manage new vulnerabilities. All internet accessible servers and applications are scanned weekly for vulnerabilities and remediated as necessary. Microsoft operating system and application patches are deployed monthly while third party updates are deployed weekly. We use a vulnerability platform for continuous assessment of our security and compliance posture.
• Intrusion Detection and Response — We have implemented several security solutions to be able to
detect, prevent and respond to malicious network activity. These include firewalls, intrusion prevent systems, web security gateway, and next-generation anti-malware. In addition, we also have user behavior analysis tools to identify insider threats and ransomware activity.
• Privileged Access Management Program — We use a privilege access management solution to remove
and manage local administrative rights on workstations/servers to prevent lateral movement. The solution is also used to protect, control, and monitor privileged access across files and systems.
• Backup and Restore Capabilities — IT practices a 3-2-1 backup strategy:
3 – Keep three copies of critical data 2 – Have your data on two types of media 1 – One copy must be offsite and offline
•
26 STRATEGIC PLAN NOVEMBER 2019
Restores are performed on at least a weekly basis in response to customer incidents. Disaster Recovery
Testing is performed monthly by selecting a major system and testing restore capabilities of that system
to our secondary treatment facility, as well as our remote site. We sandbox the restores and provide
access to our application subject matter experts to conduct application-specific testing. These tests are
logged and kept for auditing and management purposes.
• Security Incident Response — An incident response plan is an organized approach to handle a
cyberattack. We have developed an incident response plan, playbooks and procedures for various
attacks as well as trained IT security staff. In addition, there are external contacts we can call for
assistance including the FBI, Department of Homeland Security and organizations that specialize in
incident response like Mandiant, Cylance, and Microsoft.
• Security Assessments — The purpose of a security assessment is to identify the current security
posture of a system, network, or organization. The assessment provides recommendations to improve
the security posture by mitigating identified risks. Our goal is to do one or two a year. The two most
recently conducted assessments are the Office 365 Security Assessment from Microsoft in April 2019
and the Center for Internet Security Control Gap Assessment in July 2018.
Future Policy Statement
The main objective of our information security program is the establishment of a continuous,
iterative regimen of planning, building, running and governing security capabilities that are derived
from business requirements. Our security program cannot be a static entity. It must be adapted
and continuously refined to keep pace with the ever-changing threat environment and changes in
how the Sanitation District adopts digital business practices. Cybersecurity incidents are inevitable.
Mistakes and/or a lack of preparation in the response can have serious repercussions. The ability of an
organization to respond effectively to a security incident is a direct result of the time spent preparing
for such an eventuality. If you fail to prepare, then you effectively prepare to fail. The Sanitation District
will be prepared. This will be accomplished by the following proposed initiatives.
Initiatives to Support Progress Toward the Policy Goal
• Conduct various tabletop exercises to determine the organization’s ability to respond to a targeted
cyberattack and to improve the quality of the response, should an attack occur.
• Evaluate, enhance and monitor network security including activities to protect the usability, reliability,
integrity and safety of the network by developing Security Operations Center capabilities that support
continuous monitoring and is responsible for the continuous threat protection process.
• Conduct a comprehensive third-party cybersecurity operations assessment (Red Team). A thorough
Red Team engagement will expose vulnerabilities and risks regarding:
• Technology — Networks, applications, routers, switches, appliances, etc.
• People — Staff, independent contractors, departments, business partners, etc.
• Physical — Offices, warehouses, substations, data centers, buildings, etc.
•
27STRATEGIC PLAN NOVEMBER 2019
Property Management Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) owns and operates assets throughout its
service area located in property owned in fee, through easements and in the public right-of-way. The
Sanitation District will identify and protect all of its property rights to assure that its assets are not
encumbered or encroached upon so that the facilities may be properly operated, maintained, upgraded, and replaced.
Background
The Sanitation District owns and operates more than $10 billion in assets. A portion of those assets
include buildings, easements, rights of way and other encroachments. OCSD has recently sold and
purchased property to support its efforts. The Sanitation District does not maintain expertise in the real
estate discipline. As these transactions are limited and not core to OCSD, it has been determined that it is more cost effective to augment the Sanitation District resources with contracted specialized real estate services.
Current Situation
The Sanitation District manages its physical property and property rights. Additionally, it manages
landscaping, building maintenance, security and building maintenance. District staff primarily manages
these activities.
Future Policy Statement
The Sanitation District will effectively manage its assets and proactively research and maintain all
encroachments, encumbrances and easements. Many of these activities are not core to OCSD’s mission.
The Sanitation District will maintain sufficient resources using a combination of contracted specialized
real estate and property management services and internal staffing. Although OCSD is not in the
business of managing property as a revenue enhancement or core activity, it does own and operate millions in physical property and property rights.
Initiatives to Support Progress Toward the Policy Goal
• The Sanitation District will review its property rights to identify encroachments or encumbrances that
restrict operation, maintenance, inspection or emergency repair access. Staff will work with identified parties to remove encroachments or encumbrances.
• Staff will consolidate real estate and property management activities to maximize its resources
and effectiveness. With the completion of the property rights and real estate assessments, the Sanitation District will evaluate the various resources available and develop an appropriate resource management plan to assess and maintain its property assets
•
28 STRATEGIC PLAN NOVEMBER 2019 •
29STRATEGIC PLAN NOVEMBER 2019
Environmental Stewardship
•
30 STRATEGIC PLAN NOVEMBER 2019
Energy Independence Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will strive to be a net energy exporter.
Electrical, thermal, and methane gas generation will be maximized. Energy utilization will be minimized
using sound engineering and financial principles.
Background
The Sanitation District must balance the impacts of its operation between land, air, and water. For
example, as a water focused utility, the Sanitation District seeks to produce the cleanest water possible
to minimize the impacts of human activity on the ocean, as well as to renew freshwater resources for
further domestic and commercial use. A natural result of cleaning this water is the separation and
concentration of constituent solid and gaseous materials. These solid and gaseous products can impact
land and air. The balance of impact on land, air, and water are shifted by application or creation of energy through chemical, biological, or thermal conversion techniques.
The Sanitation District is also committed to be a good neighbor. As such, significant amounts of energy
are spent capturing and converting odorous air and vapor streams. The Sanitation District has pursued a comprehensive program to cover and seal its liquid and solid processes. Air streams are ducted to large fans which move thousands of cubic feet of foul air per minute through chemical, biological, and activated carbon beds to scrub the air of odorants that are regulated or may be perceived as a nuisance by the community.
The Sanitation District has utilized an anaerobic digestion process that relies on biological conversion of solid organic material to methane and carbon dioxide gas. The methane is converted to electrical and heat energy in power plants for internal use. The Sanitation District’s secondary treatment system is another example of using energy to convert water impacts to air emissions. Approximately 23% of the Sanitation District’s energy usage within the treatment process is devoted to aerating water so biological agents can convert soluble organic material to nitrogen and carbon dioxide. The generation of energy itself creates an impact on the environment in air and thermal emissions.
Current Situation
The potential exists to further shift environmental impacts between land, air, and water through the utilization of energy. The Sanitation District is an environmental steward that seeks to balance and minimize overall impact by efficiently utilizing the energy inputs to its processes and maximizing the harvesting of energy available in the incoming wastewater.
On the energy use side of the ledger, the Sanitation District invests prudently in lifecycle energy efficiency to minimize the use of energy to achieve its mission. Pumping systems to lift water and move material for premium efficiency. Thermal energy is harvested from power production for use in the process and to heat and cool occupied buildings. Aeration compressors and diffusers are selected by overall efficiency. Lighting systems are upgraded over time to more efficient technologies and lighting levels are balanced between safety and security needs versus energy utilization and light pollution concerns. Facility designers and operators make careful choices regarding the utilization of every watt of electricity, BTU of heat, and therm of gas consumed.
On the energy generation side of the ledger, the Sanitation District seeks to maximize the internal creation of energy. The primary source of energy creation is in digester gas, also called biogas, which is mostly methane. Organic solids collected and concentrated in the water treatment processes are converted biologically to biogas composed of 65% methane, 34% carbon dioxide, and other trace constituents. The Sanitation District has been using this technology since the 1950s. Research has been ongoing since that time to maximize the production of digester gas. Some of the areas of research include improved mixing and heating; improved feeding; chemical addition to limit trace pollutant production; introduction of food waste; injection of fats, oils, and grease; and cell lysing.
•
31STRATEGIC PLAN NOVEMBER 2019
The Sanitation District cleans the biogas and converts this biogas into electricity, heat, and exhaust gas.
The exhaust gas is regulated ever more tightly for nitrogen compounds, carbon monoxide, particulates,
and volatile organic compounds which require costly and performance degrading engine control
technologies. This is another example of an air impact/energy trade off. These internal systems of
energy harvesting provide roughly 66% of the Sanitation District’s electrical demand and 92% of the
Sanitation District’s thermal demand in the treatment plants. The Sanitation District can shift the
digester gas between treatment plants via an interplant pipeline and has roughly 8 MW of additional
generation capacity if more gas is produced.
In addition, the Sanitation District is installing electrical battery storage capacity. This system is
primarily in place to lower operating cost by importing electricity for charging during low-cost nighttime
hours and discharging that energy for process use during peak-cost hours. The slight energy loss due to
system inefficiencies is outweighed by the cost savings and benefit to the region by lowering the peak
demand of the Sanitation District by up to five megawatts.
Future Policy Statement
The Sanitation District seeks to be energy independent by self-generating all the electrical and thermal
energy necessary to sustain its operations. This will be accomplished by economically minimizing
its utilization requirements and maximizing energy harvested from the wastewater it receives. The
Sanitation District will also study and use photovoltaic cells in non-process areas where it makes
economic sense. Energy independence will improve the Sanitation District’s environmental impact and
improve its operational reliability and resiliency.
When the Sanitation District has achieved energy independence, it will seek to make excess biogenic or
green energy available to external users via gas sales, power grid exports, or transportation fuels. The
State of California has set goals for renewable energy utilization for electrical production and hydrogen
transportation fuels. The Sanitation District’s biogas is viewed favorably in these industries to meet the
State of California targets. The Sanitation District is working very diligently and creatively to maximize
the production of gas and reduce its own energy needs, but energy independence is the first goal which
has not yet been met.
Staff recommends that innovative research continue to maximize energy harvesting and to minimize
energy inputs first to make the Sanitation District energy independent in the most basic mission of
protecting the public health and the environment. Once this has been achieved, excess energy can be
made available for meeting the State of California’s goals for the electrical grid and transportation fuels.
Initiatives to Support Progress Toward the Policy Goal
• Maximize the anaerobic digestion conversion of organics to methane through receipt of food waste
and operational techniques.
• Investigate and install energy storage and photovoltaic systems where practical to achieve energy
independence/resilience.
• Continue to support the conversion of biomethane into electricity and heat for process use. Improve
systems as necessary to comply with air regulations.
•
32 STRATEGIC PLAN NOVEMBER 2019 •
33STRATEGIC PLAN NOVEMBER 2019
Climate and Catastrophic Event Resilience Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) aims to design, maintain and operate valuable
wastewater assets that withstand or adapt to adverse conditions in a reasonable manner that is both
cost-effective and sustainable for present and future generations. These adverse conditions include
heavy rains, flooding, sea level rise, earthquakes, tsunamis, extreme heat, wildfires, and electrical grid interruptions.
Background
The Sanitation District owns and operates extensive wastewater collection and treatment facilities
valued at nearly $11 billion. The Sanitation District service area faces special challenges because of
the geographic location of its facilities. These challenges include: its position on and near seismic risk
factors, its proximity to the Pacific Coast, adjacency of its treatment facilities to the Santa Ana River, and being served by increasingly fragile energy utilities.
The Sanitation District’s facilities are situated on or near several seismic risk factors. Plant No. 2 is
located directly on top of the Newport-Inglewood fault. Both plants and the collection system are influenced by many adjacent major and minor faults capable of delivering damaging energy. Both of our treatment plants and the majority of our collection system sit on top of silty, alluvial soils that can have the effect of amplifying the earth motion and risk liquefaction during a seismic event. The Sanitation District has invested significantly over the last 50 years to improve the soils, foundations, and structures to mitigate these seismic risks. As geotechnical and structural knowledge and building codes progress, upgrades and facility replacements will be necessary.
Another seismic risk associated with having a treatment plant and several pump stations located on the Pacific Coast, is the risk of tsunami inundation. The Sanitation District has been working with and reviewing the plans of the City of Huntington Beach and the City of Newport Beach to understand and quantify this risk. The American Society of Civil Engineers (ASCE) has created a new standard, ASCE 7-16, to layout design parameters for lateral forces and inundation zone associated with potential tsunamis.
The Sanitation District understands that climactic factors we face change widely over time. The Sanitation District’s systems must perform in extreme wet weather situations (atmospheric rivers), extreme dry weather conditions (drought), extreme tidal conditions (king tides, rising sea levels), as well as high and low temperature extremes. The Sanitation District generally designs for historical and expected “average conditions” for optimal performance but must also assure operations for extreme weather events.
The Sanitation District serves a critical public health role. Its operations must be reliable 24 hours per day, 365 days a year. Electricity, and to a lesser extent natural gas, are necessary for pumping and treatment operations. Both electricity and natural gas supplies have become increasingly vulnerable to interruption. Electricity deliveries are more vulnerable due to wildfire outage criteria, loss of local generation assets, aging infrastructure and extreme weather events. Natural gas supplies are more vulnerable due to the loss of local storage capacity, aging infrastructure, line corrosion, and more stringent regulatory requirements. The Sanitation District has significant capacity to self-supply critical energy requirement for extended periods.
Current Situation
The Sanitation District has spent considerable effort quantifying its seismic, climate, and utility supply risks. Several key studies have been initiated and will be completed in the next two years. The most acute risk factor faced by the Sanitation District is seismic risk. Climate and utility supply risks are more accurately described as chronic risks.
Seismic risk factors include ground shaking, liquefaction, lateral spreading, and fault rupture. Both treatment plants are situated in historic riverbed with poor soil conditions. The collection system
•
34 STRATEGIC PLAN NOVEMBER 2019
is vulnerable to failures during seismic events. The state of the art for seismic design has changed
greatly over the Sanitation District’s history and will continue to do so. Many of our critical structures
were designed or installed prior to the great learning that occurred in the earthquakes of the 1990s.
Significant effort has been expended to better characterize the soil conditions under our treatment
plants and pump stations. Projects to refurbish or replace existing unit processes are, or soon will be,
scoped and budgeted to provide enhanced seismic resilience. These measures include soil mixing to
stiffen the soil, various foundation designs and building structure improvements.
Tsunami resilience and flooding protection can go hand in hand. To a great extent, these two risk factors
can be mitigated in the same way. The Tsunami guidelines for inundation in ASCE 7-16 are a reasonable
peer reviewed standard. By complying with this standard for Huntington Beach and Newport Beach,
the Sanitation District will be reasonably prepared for flooding caused by extreme storm events and
conservative sea level rise estimates at Plant No. 2 and pump stations in the City of Newport Beach.
The Sanitation District has also expended significant effort to prepare for the effects of weather
extremes on its operations. Extreme wet weather impacts operations. Inflow and infiltration during
intense storm activity have multiplied average dry weather flow rate by up to three times in recent
years. The Sanitation District has significant wet weather capacity and will continue to maintain a 640
million gallon per day influent and outfall capacity which is roughly 3.5 times our average dry weather
flow. Historically high rains as seen in 1863 and 1938 will push our systems to the limit.
The Sanitation District has also adapted its systems to perform in extreme dry weather. The Sanitation
District in cooperation with OCWD operates the largest potable water reuse system in the world. This is
made possible by replumbing our treatment plants and adding new smaller pump stations to deal with
extreme low outfall flow rates in the morning hours. The Sanitation District also has, and continues to
grow, the ability to shift influent flow between its treatment plants which creates additional resilience
for risk factors.
Finally, on the topic of utility supply, the Sanitation District built redundant supplies for its most
critical needs: electricity, natural gas and water. The Sanitation District has maintained three sources
of electricity supply for more than 25 years. The treatment plants can be supplied with power from
Southern California Edison, the Sanitation District’s Central Generation Plants or on-site diesel
generation systems to maintain basic operation to protect public health. In terms of natural gas, the
Sanitation District has been producing bio-methane through anaerobic digestion since the 1950s with
enough capacity to provide electricity and necessary process heat.
Future Policy Statement
The Sanitation District will continue to build and improve its facilities to meet the seismic, climate and
energy infrastructure risks that it faces with a long-term, planned approach. Acute life-safety risks that
are identified or facilities that are damaged or fail in a catastrophic event will be addressed very quickly.
However, it is not practical to update $11 billion in facilities every time a code is updated, or new
climate change estimate is released. The Sanitation District will stay abreast of code and climate change
estimates as they occur and will implement improvements or replacements to facilities on a long-term
basis in line with its asset management practices. The Sanitation District generally plans to refurbish or
replace its mechanical and electrical assets every 20 to 25 years with an average capital improvement
investment of $250 million per year.
The Sanitation District facilities are designed to meet industry codes. As time goes on and codes are
updated, it is not required to upgrade existing facilities to meet those latest codes unless there is
a mandate to do so, or a risk in not doing so is recognized. The Sanitation District will accept some
incremental risk in having some facilities that are not necessarily compliant with latest building
codes or subject to increased greater risks until a project to rehabilitate or replace these facilities
is developed. All of the Sanitation District’s facilities have a planned life span with two to three
refurbishment cycles. Identified seismic or flooding vulnerabilities may drive a replacement versus
refurbishment decision in the normal capital planning process.
•
35STRATEGIC PLAN NOVEMBER 2019
The Sanitation District will continue to aspire to energy independence which will help mitigate
vulnerabilities to loss of electrical and gas utilities. In addition, the Sanitation District will continue
to maintain third level, diesel generator, electrical supply capability for critical loads. On-site diesel
storage will provide up to three days of power to run the plants. Pump stations diesel generation will be
site specific in its design based on flow risks, hydraulic storage capacity, and site constraints. Either on-
site generation or quickly deployable mobile generators will provide emergency power for up to days at
a time.
Initiatives to Support Progress Toward the Policy Goal
• Complete an engineering study of the seismic vulnerabilities of the treatment plants. Incorporate
necessary upgrades into future capital improvement projects.
• Complete the biannual high flow exercise to assure readiness for a high flow event. Maintain a higher
level of readiness October 15 through March 15 and in advance of predicted significant rain events.
• Study the potential impact of tsunami and changing climate conditions including flooding due to high
tides and heavy rain events.
•
36 STRATEGIC PLAN NOVEMBER 2019
Food Waste Treatment Policy
Summary Policy Statement
The State of California limits the volume of organic waste that may be diverted to landfills. The Orange
County Sanitation District (Sanitation District) will collaborate with the County of Orange, other local
agencies, and waste haulers to find ways to beneficially reuse food waste, a type of organic waste to assist
cities in our service area in meeting their diversion requirements while increasing the Sanitation District’s
energy production.
Background
Whether supplying secondary treated wastewater for the Groundwater Replenishment System, creating
renewable energy in the form of biogas from anaerobic digestion to produce electricity, or benefiting from
the use of biosolids as a soil amendment, the Sanitation District is a resource recovery agency committed
to providing resilient and reliable wastewater treatment service while protecting the public health and the
environment.
In recent years, there has been a significant change in the regulatory landscape in California related to
the diversion of organics such as food, green material, wood, paper, biosolids, digestate, and sludges from
landfills. Currently, much of the state’s diverted organics are being composted or used as alternative daily
cover on landfills. With the phaseout of organics as alternative daily cover, the regulatory shift is creating
an organics market for the wastewater sector to provide a solution to manage organics such as food waste
by way of co-digestion. There is an opportunity for the Sanitation District to produce additional biogas,
reducing the need to purchase electricity from the local utility.
Anaerobic digestion is currently at the nexus of important State of California mandates, namely:
(1) organics diversion from landfills (AB 1826 and SB 1383), and (2) increased renewable energy and fuels
generation (SB 32 and SB 100). The primary alternatives for organics management are anaerobic digestion
and composting — of which anaerobic digestion is the only process offering energy recovery potential.
Over the next few years, California’s cities and counties, along with municipal solid waste haulers,
material recovery facilities, and landfills will need to develop collection, processing, and energy recovery
infrastructure to address new state legislation and goals. Existing wastewater treatment plants such as the
Sanitation District are uniquely positioned to play a role in the new organics marketplace since solid waste
management facilities do not typically have anaerobic digesters, the energy recovery infrastructure in
place, or experience regarding the management of biosolids for beneficial use.
In 2017, the Sanitation District completed a comprehensive Biosolids Master Plan (Plan) that provides a
roadmap and framework for sustainable and cost-effective biosolids management options and future
capital facilities improvement over a 20-year planning horizon. Considering the timeliness of the regulatory
mandates requiring organic diversion from landfills and increased renewable energy, the Plan evaluated
the feasibility of implementing a high strength organic waste receiving program involving the co-digestion
of preprocessed food waste.
While food waste digestion appears to be feasible, the Sanitation District’s existing infrastructure isn’t well
suited for receiving, handling, or digesting green waste. Current digester feed, mixing, heating, dewatering
and truck loading facilities aren’t designed to deal with cellulosic products in green waste. The highly
fibrous material doesn’t readily break down and clogs the various systems optimized for sewage sludge
treatment. In addition, there are legal hurdles specified in the California Health and Safety Code, Section
4700, that must be addressed before the Sanitation District could operate a refuse transfer facility.
Current Situation
Project Viability
The Sanitation District’s Plan concluded that the costs to construct and operate a food waste receiving
facility could be offset by tipping fees charged to food waste processors/haulers and by additional power
•
37STRATEGIC PLAN NOVEMBER 2019
generated from the increased digester gas production. The Plan recommended that the Sanitation
District build an interim food waste receiving station immediately to take advantage of existing
digestion and power generation capacity of approximately 150-250 wet tons per day at Plant No. 2. The
Sanitation District will construct a more permanent facility in the future to coincide with the planned
construction of new digesters at Plant No. 2, allowing an additional capacity to co-digest approximately
500 wet tons per day of food waste. The Sanitation District also has at least 6 MW of installed electrical
generation capacity that can convert the produced digester gas to electricity and heat.
Based on these recommendations, in 2018 the Sanitation District’s Board approved a project (P2-124)
to construct an interim (10-15 years) food waste facility to receive, store, and feed preprocessed food
waste slurry to the digester complex at Plant No. 2 to generate additional digester gas. This project will
be designed to accept approximately 150 wet tons per day of preprocessed food waste and will produce
approximately 15 percent more methane gas for on-site energy production, resulting in a greenhouse
gas reduction of approximately 10,800 metric tons of carbon dioxide equivalent annually which is
equivalent to the annual greenhouse gases generated by approximately 2,000 passenger vehicles. This
is consistent with the Sanitation District’s Energy Independence Policy which is to strive to be energy
independent by minimizing energy utilization and maximizing useful energy recovery from the sewage it
receives. The interim receiving station is scheduled to be completed in 2022.
The final biosolids product currently produced by the Sanitation District is anticipated to be largely
unaffected by the addition of food waste slurry. Pilot testing conducted by the Sanitation District
indicates that there will be increased gas production due to mixing sewage sludge and food waste feed
stock, but the final biosolids product will remain largely unchanged.
A draft Preliminary Design Report was issued in June 2019 for the interim receiving facility which
included a viability evaluation concluding that the project is economically justifiable based on project
costs and anticipated tipping fees. Final Design work has started and among other important items, the
tipping fee and food slurry specifications will be further refined and validated.
There are three large municipal solid waste haulers that have expressed interest in collaborating with
the Sanitation District to provide preprocessed food waste for digestion. Of these, two haulers are
located within the county and one is located outside the county. Another important partner for the
Sanitation District is Orange County Waste and Recycling (OCWR). The Sanitation District has met with
OCWR and they have expressed interest in partnering with the Sanitation District to find local solutions
to meet SB 1383’s organics diversion mandate including in-county biosolids management, composting,
food waste co-digestion, and biogas production.
Future Policy Statement
Food Waste Slurry
The Sanitation District will only accept a preprocessed food waste slurry. We do not have available land
or air permits to handle, sort, and process solid or green wastes. The Sanitation District will work with
other public agencies and waste haulers to develop an industry standard for food waste slurry that
specifies water, organic, metal, plastic, and glass content requirements. A common specification for
slurry will help all parties make investment decisions.
Food Waste Volume
The Sanitation District has identified available capacity within its infrastructure at Plant No. 2 to
accommodate food waste conversion to energy. The processes impacted by food waste conversion are
digestion, gas cleaning, gas compression, generation, process heating, biosolid dewatering and biosolids
loading. These impacted systems have the capacity to accept 150 to 250 wet tons per day for the next
ten years. Beyond ten years, the Sanitation District plans on upgrading its digestion, gas compression,
and gas treatment systems. Based on the lessons learned from the interim system and the development
of the food waste market, the Sanitation District plans to be able to accept up to 500 wet tons per day
when the new digestion, gas compression, and gas treatment systems are completed.
•
38 STRATEGIC PLAN NOVEMBER 2019
The Sanitation District believes that the full implementation of the current regulations will create a food
waste slurry market significantly greater than 500 wet tons per day in Southern California.
Tipping Fee Basis
The acceptance of food waste has the opportunity to more fully utilize the system capacity that already exists for the benefit of the Sanitation District’s rate payers.
The Sanitation District staff will develop a base tipping fee rate schedule for Board of Directors’ approval that meets the following criteria:
• Recover all capital costs to construct facilities within five years (this will allow the Sanitation District
and waste haulers to properly invest in processing facilities);
• Recover all on-going costs including operating cost, maintenance cost, electricity usage, biosolids
dewatering, and reuse costs;
• Food Waste will not be operated “for profit” but rather a cost recovered service with revenues
offsetting rates and passed on to OCSD’s rate payers.
Food waste generated and processed within the service area will be charged the base rate and will be prioritized over food waste from outside the service area. This is justified by the fact that the underlying
infrastructure of the Sanitation District is already owned by service area rate payers. The Sanitation
District contracts with service area waste haulers must provide for a pass-through savings to the
Sanitation District rate payers. That means waste haulers may charge for collection and processing of
food waste but must disclose to their City or Special District franchise partner the Sanitation District’s
tipping fees and negotiate pricing adjustments as necessary with City or Special District franchise
partners.
If additional capacity exists, but isn’t utilized by in service area users, then that capacity may be
contracted by out of service area users at a premium to help offset the cost of the underlying
infrastructure necessary to process the food waste.
The Sanitation District will pursue grant opportunities to the extent possible to reduce the overall
capital and operating cost basis for the program to reduce the tipping fee base rate.
Initiatives to Support Progress Toward the Policy Goal
• The Sanitation District will accept a preprocessed food waste slurry from contracted waste haulers
that will be fed to existing anaerobic digesters. The Sanitation District will charge a tipping fee to
offset its costs for capital construction, operations, handling, maintenance, and biosolids disposal.
• Design, build, and operate a food waste receiving station. Create a specification for food waste slurry
and contract with solid waste haulers to receive and process food waste.
•
39STRATEGIC PLAN NOVEMBER 2019
Water Reuse Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will seek to beneficially reuse all reclaimable
water for potable, industrial, irrigation and environmental uses.
Background
For over 40 years, the Sanitation District and the Orange County Water District (OCWD) have partnered to
beneficially reuse treated wastewater from the Sanitation District. OCWD, which serves roughly the same
service area as the Sanitation District, manages and replenishes the groundwater basin in northern and
central Orange County, ensures water reliability and quality, prevents seawater intrusion, and protects
Orange County’s rights to Santa Ana River water.
Beginning in 1975, the Sanitation District contributed treated wastewater from its Plant No. 1 to OCWD
for the operation of Water Factory 21, which reclaimed the treated wastewater and injected it along
with deep well water into the groundwater basin to prevent seawater intrusion. In the mid-1990s, OCWD
needed to expand Water Factory 21. At the same time, the Sanitation District faced the challenge of
having to build a second ocean outfall pipe to discharge treated wastewater into the Pacific Ocean. Both agencies collaborated to build an advanced water purification facility to resolve these challenges. This state-of-the-art facility, known as the Groundwater Replenishment System (GWRS), took the place of Water Factory 21, and began operation in 2008. The GWRS treats secondary treated wastewater from the Sanitation District Plant No. 1 to drinking water standards and uses the purified water for both injection and percolation, through injection wells and recharge basins, as source water to replenish the groundwater basin’s drinking water supplies. With approximately 75 percent of the water demand in northern and central Orange County cities coming from the groundwater basin, GWRS supplements existing water supplies by providing a new, reliable, high-quality source of water.
While the original GWRS facility was initially constructed to supply up to 70 million gallons per day (MGD) of purified water, the facility was designed for an ultimate treatment and conveyance capacity of 130 MGD. The original GWRS design intent was to expand the GWRS facility in two phases — an initial and a final expansion of an additional 30 MGD of treatment capacity with each expansion. The GWRS Initial Expansion Project was completed in June 2015 and has been producing up to 100 MGD of purified water for groundwater injection and recharge. The Final Expansion of GWRS is scheduled to be completed in 2023 and will produce the maximum capacity of 130 MGD.
In addition to providing treated wastewater to the GWRS, the Sanitation District also provides treated water to OCWD’s Green Acres Project, which provides recycled water for landscape irrigation at parks, schools, and golf courses; and industrial uses, such as carpet dying; toilet flushing; and power generation cooling.
Current Situation
The GWRS currently produces 100 million gallons per day of purified water — enough water for about 850,000 people. All of the Sanitation District’s Plant No. 1 secondary effluent, between 120-130 MGD, is sent to OCWD for the GWRS and Green Acres Project. However, secondary effluent from the Sanitation District’s Plant No. 2 and other non-reclaimable flows, such as brine from inland desalters and GWRS’s reverse osmosis process, and the Sanitation District’s process sidestreams, continue to be released into the ocean.
In 2016, the Sanitation District and OCWD jointly conducted the Effluent Reuse Study, which evaluated the feasibility of recycling the Sanitation District’s secondary effluent from Plant No. 2 and identified projects required to achieve the final expansion of the GWRS. The GWRS final expansion effort will include implementation of projects to construct new, modified or rehabilitated facilities at Plant No. 2 to separate reclaimable flows from non-reclaimable flows; to equalize, pump, and convey secondary effluent from the Sanitation District’s Plant No. 2 to the GWRS facility; and to treat the additional source water to produce 130 MGD of purified water.
•
40 STRATEGIC PLAN NOVEMBER 2019
Reverse Osmosis brine generated at the GWRS Initial Expansion is currently discharged into the ocean.
The 2016 Effluent Reuse Study identified alternative brine management strategies such as evaporation
ponds, deep well injection, and engineered wetlands. Evaporation ponds are land intensive and are also
energy intensive when combined with a brine crystallizer to remove solids from highly concentrated
brine system using heat and pressure. While the areas around both the Sanitation District treatment
plants have the appropriate geology for brine injection, there are concerns with contamination of
drinking water aquifers, and seismic risks due to the Newport-Inglewood zones near Plant No. 2. At this
time, it does not appear economically feasible to provide alternative management strategies for the
brine discharge.
In November 2016, the Sanitation District Board of Directors adopted the Second Amended and
Restated Joint Exercise of Powers Agreement for the Development, Operation and Maintenance of
the Groundwater Replenishment System and Green Acres Project, which committed the agency to
continue supporting the GWRS and the Green Acres Project, and specifically, the final expansion of the
GWRS. The implementation of the final phase of the expansion will be executed by multiple projects,
some executed by the Sanitation District while the others executed by OCWD. Project costs related to
GWRS are funded by OCWD, including $50 million reimbursement to the Sanitation District for its costs
incurred to execute related projects.
By supporting the GWRS Final Expansion, the Sanitation District will be able to recycle all reclaimable
wastewater generated in its service area and treated at its two treatment plants, and OCWD will have
sufficient water to run the GWRS facility to full capacity.
Future Policy Statement
The treated effluent produced from the Sanitation District’s Plant Nos. 1 and 2 is a valuable resource
that can help boost local water resources and reduce dependence on imported water, while reducing
the effluent discharged to the ocean. The Sanitation District will continue to seek opportunities for
beneficial reuse of all reclaimable wastewater collected and treated at its facilities.
The Sanitation District will continue to support the completion of the final expansion of the GWRS in
accordance to the adopted Second Amended and Restated Joint Exercise of Powers Agreement for the
Development, Operation and Maintenance of the Groundwater Replenishment System and Green Acres
Project. This includes providing secondary effluent as source water for GWRS free of charge; allowing
OCWD to discharge brine via the Sanitation District’s ocean outfall free of charge; leasing approximately
10 acres of land to OCWD at $1 per year for the GWRS Final Expansion project; allowing OCWD to
discharge North and South Basin extraction well flows to the Sanitation District sewers; managing
the design and construction efforts of the Plant No. 2 Headworks Modifications Project and the Plant
Water Pump Station Replacement Project (OCWD will reimburse up to $50 million of project cost);
managing and financing the construction of the Ocean Outfall Low Flow Pump Station at Plant No. 2
and the construction of Plant No. 2 primary and secondary facilities to allow segregation of
non-reclaimable flows.
The Sanitation District will continue to maximize the delivery of secondary effluent available to GWRS
and the Green Acres Project in order to maximize full production of purified recycled water for indirect
potable reuse, and industrial and irrigational uses. The Sanitation District has been operating the Steve
Anderson Lift Station to divert more flows to Plant No. 1. The two agencies regularly communicate and
coordinate the Sanitation District operations and construction projects that may have impacts on GWRS
operation and will continue this collaboration effort.
The Sanitation District has adequate flow to maximize the production of the GWRS through final
expansion. Diversion of additional non-wastewater into the sewer system is unnecessary. Non-
wastewater diversions create high flow risks during wet weather conditions and can introduce
constituents of concern to existing water and biosolid reuse programs.
•
41STRATEGIC PLAN NOVEMBER 2019
Initiatives to Support Progress Toward the Policy Goal
• Support the completion of the final phase of the Groundwater Replenishment System and maximize
reclaimable wastewater availability to the Orange County Water District.
• Support Green Acres project water production to provide reclaimed water for industrial and
irrigation uses.
•
42 STRATEGIC PLAN NOVEMBER 2019
Environmental Water Quality, Stormwater Management and Urban Runoff Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will partner with storm water permittees to
accept up to ten million gallons per day of dry weather urban runoff at no charge in order to improve water
quality in streams, rivers and beaches as long as the constituents within the flow do not adversely impact
the Sanitation District’s worker safety, treatment processes, reuse initiatives, or permit compliance. The
Sanitation District facilities are subject to significant flow increases during wet weather events and are not
capable of accepting stormwater flow volumes.
Background
The Sanitation District’s wastewater collection system is designed to be wholly separate from the
region’s stormwater systems, also referred to as storm sewers and/or storm drains. The Sanitation
District implements a system-specific Sewer System Management Plan in compliance with the California
Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Water Quality Order No.
2006-0003-DWQ. In the Sanitation District’s service area, most local sanitary sewer systems are owned
by city municipalities and discharge into the Sanitation District -owned regional sewers. Similarly, many
stormwater systems are also owned and maintained at the local level, referred to as municipal separate
storm sewer systems or MS4. These publicly owned conveyances or a system of conveyances are designed
to collect/convey stormwater, are not combined with sanitary sewers, and not part of the sewage
treatment works. Stormwater runoff is water generated from precipitation events that flows over land or
impervious surfaces including streets, parking lots, and building rooftops — this water does not return to
groundwater basins, because it does not soak into the ground. This runoff accumulates pollutants from
transportation, construction, industrial, and residential sources that can include trash or other solid waste,
chemicals, oil, and other sediments. MS4 stormwater that is not captured for reuse, typically discharges
into regional systems, most notably flood control channels (e.g. the Santa Ana River), that subsequently
flow to the ocean and are regulated by the National Pollutant Discharge Elimination System (NPDES) that
also regulates the Sanitation District’s discharge to the ocean.
Due to the design and operation of local and regional sanitary sewers, there is not system capacity to
allow ‘wet weather’ stormwater discharges to the sewer. Excessive flows into the sewer beyond its design
capacity can lead to sanitary sewer overflows (also called SSOs), spills, and potential sewage backups. The
Santa Ana River can provide massive storm-flow capacity at approximately 22,000 cubic feet per second
(cfs) of water, and the Delhi Channel at 325 cfs, as compared to the peak wet weather flow for both the
Sanitation District Plant Nos. 1 and 2 combine to less than 1,000 cfs — much of which is utilized for sanitary
sewer service at all times. During ‘dry weather’, stormwater systems collect flow from ‘dry weather urban
runoff’ activities, such as residential or industrial use, irrigation, water released from previous precipitation,
among others. Most sanitary sewer systems are gravity draining, that is, most non-industrial facilities
passively drain to the sewer and do not typically take action to commence discharge of wastewater. As a
result, it’s important that facilities are constructed in such a way that they will not drain active stormwater
or urban runoff flow to the sewer, especially during rain. Additionally, stormwater best management
practices (BMPs) typically dictate that the generation of contaminated stormwater should be mitigated
through proper facility design including berms and grading.
The Sanitation District’s Wastewater Discharge Regulations Ordinance, which sets quality standards and
requirements for facilities discharging to the Sanitation District, includes language to prohibit sewer
users from discharging groundwater, stormwater, surface runoff, or subsurface drainage to the sewer
without written authorization or a permit issued for such a purpose. In addition to the concerns related
to insufficient capacity in the Sanitation District’s sewer collection system, there is a concern that
uncontrolled discharge to the sewer from these types of systems can introduce pollutants that may cause
issues in the Sanitation District’s treatment and reclamation plants, discharge to the ocean, or affect the
agency’s ability to recycle water or reuse biosolids. The Sanitation District’s Ordinance was recently revised
•
43STRATEGIC PLAN NOVEMBER 2019
to clarify these restrictions and include a prohibition on drainage from non-domestic surface and floor
drains to address these types of uncontrolled discharges.
However, given the public health and environmental protection issues that may arise from runoff-
carried pollutants being transferred into the Sanitation District’s coastal beaches and waters, in April
2000 the Sanitation District initiated a permitting program to assist in the economical and practical
control of these pollutants during dry weather conditions.
Following the Sanitation District’s sponsored legislation (AB 1892), the Sanitation District’s charter
was amended to authorize the Board of Directors to adopt Resolution No. 00-04 establishing a dry
season urban runoff policy that allowed local agencies to obtain a Dry Weather Urban Runoff Permit to
discharge to the Sanitation District. Agencies could apply for this permit type where there was not an
economically or practically feasible alternative (i.e. discharge to storm drain, reclamation/reuse, etc.) to
discharging dry weather urban runoff to the sewer, and the discharger met other conditions including
complying with the Sanitation District’s Wastewater Discharge Regulations Ordinance.
In September 2000, the Sanitation District modified the Dry Weather Urban Runoff Policy (Resolution No.
00-22) to cap discharges received to ten million gallons per day (MGD). Furthermore, the policy revision
established the waiving of fees associated with the program until discharges exceeded four MGD, or
until the policy underwent future revisions. There were a number of other modifications to the policy
that added facility and compliance requirements for Dry Weather Urban Runoff permittees.
The Sanitation District Board Resolution No. 01-07, adopted in March 2001, added language to the
policy clarifying conditions in which the Sanitation District would and would not be indemnified against
liability associated with diversion systems. Indemnification is a critical component of Dry Weather Urban
Runoff agreements necessary to address the risks posed to the Sanitation District associated with water
quality, flooding, trash, infrastructure damage, and other concerns. In June 2013, the Sanitation District’s
current policy was established when Resolution No. 13-09 was adopted. This included a revision where
upon reaching a dry weather urban runoff influent rate of nine MGD, the Sanitation District will take
action to reevaluate the policy.
In addition to Dry Weather Urban Runoff Permits, the Sanitation District’s Ordinance allows for
normally prohibited wastes such as groundwater, stormwater, surface runoff, and subsurface drainage
to be discharged to the Sanitation District as authorized through a Special Purpose Discharge Permit
or written authorization from the Sanitation District; only when no alternate method of disposal is
reasonably available or to mitigate an environmental risk or health hazard.
The Dry Weather Urban Runoff and Special Purpose Discharge permit programs are intended to assist
in the protection of public health and the environment by routing contaminated discharges into the
Sanitation District’s treatment and reclamation plants. For example, the toxic amounts of selenium
in the Upper Newport Bay Watershed have resulted in regulatory requirements to remove selenium
loadings from upstream creeks and channels to protect downstream aquatic life. For dry weather urban
runoff discharges, the Sanitation District is able to accommodate certain waste streams that mitigate
these hazards. However, the Sanitation District treatment and reclamation plants also have limitations
on the loading of pollutants that can be discharged to them — particularly because traditional
sewage treatment plants are not designed to remove toxic pollutants, but are designed to remove
the conventional pollutants typically found in wastewater generated from normal sanitary uses. The
Sanitation District’s Ordinance dictates that permitted users, such as Dry Weather Urban Runoff or
Special Purpose Discharge users, must comply with numeric effluent limit standards for toxic pollutants.
Continuing the example from above, discharges must meet a selenium effluent limit of 3.9 milligrams
per liter (mg/L), a derived value based on the compliance standard, the Sanitation District is held
accountable in order to reuse biosolids. In this example, the Sanitation District may choose to issue a
permit to mitigate a public health or environmental concern, but must do so in such a way as to also
address the potential impact on the Sanitation District’s plants and its reuse initiatives — with permit
numeric limits and conditions.
•
44 STRATEGIC PLAN NOVEMBER 2019
Current Situation
As of June 2019, the Sanitation District maintains 21 active Dry Weather Urban Runoff Permits for diversions owned and operated by the City of Huntington Beach, the City of Newport Beach, OC Public
Works, Irvine Ranch Water District, and a LLC responsible for the areas in and around Pelican Point
community. For the June to December 2018 reporting period, the Sanitation District received an average
of 1.03 MGD from these facilities, well below the current ten MGD policy cap and nine MGD action
threshold. Since the program’s inception in 2000, the Dry Weather Urban Runoff Program has treated
9.4 billion gallons of dry weather urban runoff. The success of this program is captured succinctly in
reviewing the Heal the Bay 2018-2019 Beach Report Card. Heal the Bay is an environmental non-profit
organization focused on coastal water and watershed quality, and reported that 92 percent of beaches
in Orange County received an ‘A’ rating during summer dry weather conditions — some the Sanitation
District -service area beaches made the report card ‘honor roll’ with an A+ rating. It should be noted
that this overall rating is negatively impacted by south Orange County beaches that are not in the
Sanitation District’s service area.
Both the permitted Dry Weather Urban Runoff users and the Sanitation District staff collect samples
from Dry Weather Urban Runoff facilities (during dry season discharge) on a semi-annual basis to
evaluate compliance with pollutant limits establish in the Sanitation District’s Ordinance.
Periodically, the Sanitation District works with other organizations and industries that have intentionally
or unintentionally captured stormwater or runoff on-site and seek guidance on disposing of the water.
The Sanitation District may authorize such a discharge request where: there is adequate capacity,
wastewater meets applicable effluent discharge standards, there is no practical alternative method
of disposal, and the wastewater is captured and held until it can be released to the sewer apart
from a high-capacity or storm event. The Sanitation District can utilize written authorizations, special
conditions on an existing wastewater discharge permit, or a Special Purpose Discharge Permit — issued
for planned short-or-long-term discharges. In other instances, the Sanitation District has observed
unauthorized stormwater connections to the sewer during routine inspections of facilities and worked
with the dischargers to mitigate these to prevent potential overflow conditions.
Special discharges described above, where acceptable through a Special Purpose Discharge Permit or
written authorization, are not included in the ten MGD allowance under the Dry Weather Urban Runoff
program.
Key Issues for the Future
Under the current policy, the Sanitation District has the capacity to accept additional dry weather
urban runoff flows (up to ten MGD), however, this allotted capacity is not typically the limiting factor
in increasing the volume of runoff diverted to the Sanitation District. As Dry Weather Urban Runoff
diversion projects are initiated and funded at the local municipality level, capital support for such
projects can be limited. Without funding and operational support from a public agency that has
jurisdiction and authority over surface water runoff and wastewater, this water cannot be diverted.
Diversion systems must be pumped (not gravity-fed) into the Sanitation District’s collection system to
ensure the necessary level of control. Furthermore, diversions cannot be implemented just anywhere. In
order for the Sanitation District to accept this dry weather runoff water, the supporting sewer hydraulic
capacity and infrastructure must already be in place at the specific location where the gravity diversion
exists. Otherwise constructing new Sanitation District facilities to convey diverted waters would require
a significant capital investment from the Sanitation District and its rate-payers. In short, acceptance
of dry weather runoff must be evaluated based on the site-specific capacity of the Sanitation District’s
collection system, i.e. the hydraulic capacity of a specific interceptor/sewer trunkline. In addition,
where the intention is to also recycle this runoff water as well as divert it from the Sanitation District’s
coastal beaches and waters, it must be routed to the Sanitation District’s Plant No. 1 facility in Fountain
Valley where it can discharge to OCWD’s Groundwater Replenishment System (GWRS). At present, the
Sanitation District’s Plant No. 2 facility does not discharge wastewater to GWRS for recycling, and the
majority of existing dry weather urban runoff facilities discharge to Plant No. 2.
•
45STRATEGIC PLAN NOVEMBER 2019
The Sanitation District is working to divert the majority of Plant No. 2 influent wastewater to GWRS,
however, the expected completion date of this project is not until 2023. It should be noted that the
recycling capacity of GWRS is not unlimited and the plan to divert wastewater from Plant No. 2 is
expected to provide the near maximum level of influent to GWRS. Therefore, the Sanitation District
is not in a position to accept additional wastewater for recycling, and the notion that stormwater is
necessary to augment GWRS influent is not a valid assumption.
Given the above conditions, to expand the current programs to a larger-scale stormwater/rain-event
capture and discharge program, means an investment for stormwater-authority agencies to build water
storage systems in addition to existing or new diversion systems.
The regional benefit for such an initiative would be the increased capture and recycling of water
that would otherwise be discharged to the ocean. The potential risk to the Sanitation District and its
reuse initiatives from pollutants in stormwater and runoff would be directly impacted by our agency’s
future ability to control these wastes — that is permit, inspect, and monitor discharging facilities, and
when warranted — enact enforcement to ensure compliance with the Sanitation District’s Wastewater
Discharge Regulations Ordinance. To protect the Sanitation District, this means issuing stringent
requirements on discharges or suspending a discharge when an existing or potential sewer user
does not meet a compliance obligation. Moreover, the Sanitation District will only be able to accept
stormwater and runoff discharges that can be captured and held beyond storm events, and where that
water can be adequately evaluated before being released for discharge into the Sanitation District’s
system.
The financial impact for the Sanitation District would translate to capital and operational costs where
the Sanitation District is involved in the construction and maintenance of facilities to support these
diversion systems. In addition, a larger-scale stormwater/rain-event capture and discharge program
most certainly will require an investment in additional Sanitation District staff in the workgroup that
oversees the current permitting programs.
The larger question, beyond the scope of this white paper, is to evaluate at a regional level whether
stormwater capture from a rain event will provide an additional source of water significant enough
to offset the costs to capture this water and temporarily store it until it can be reused, including the
associated infrastructure, staff, and other public resources this would require; and considering the
intrinsic restrictions of the current sewer system, GWRS limitations, and the potential risks posed to the
Sanitation District’s existing water and biosolid reuse initiatives.
Initiatives to Support Progress Toward the Policy Goal
In accordance with Resolution No. 13-09, the Sanitation District intends to continue accepting up to
ten million gallons per day of pumped dry weather urban runoff diversion where existing conveyance
capacity exists, and the constituents of the flow will not adversely impact the Sanitation District. The
Sanitation District also intends to continue working with industries, agencies, and other facilities to
offer alternatives to stormwater and runoff disposal through special purpose discharge permits or
other written authorization in accordance with the Sanitation District’s Ordinance, where doing so does
not negatively affect the Sanitation District’s operation or compliance with local, state, and federal
regulations, and wastewater can be held for evaluation prior to discharge.
Additionally, to act as a regional partner in resolving issues associated with disposing of and reusing
stormwater, the Sanitation District intends to work with local jurisdictions to determine the feasibility of
regional wet weather runoff capture, storage, and use projects.
• Issue dry weather urban runoff connection permits up to a total of ten million gallons per day to
other service area local agencies to accept pumped dry weather urban runoff flows where existing
conveyance capacity exists, and the constituents of the flow will not adversely impact the
Sanitation District.
•
46
ST
R
A
T
E
G
I
C
P
L
A
N
NO
V
E
M
B
E
R
2
0
1
9
• Co
n
t
i
n
u
e
w
o
r
k
i
n
g
w
i
t
h
i
n
d
u
s
t
r
i
e
s
,
f
a
c
i
l
i
t
i
e
s
,
a
g
e
n
c
i
e
s
,
a
n
d
l
o
c
a
l
j
u
r
i
s
d
i
c
t
i
o
n
s
t
h
a
t
h
a
v
e
a
u
t
h
o
r
i
t
y
o
v
e
r
st
o
r
m
w
a
t
e
r
o
r
s
u
r
f
a
c
e
w
a
t
e
r
r
u
n
o
f
f
t
o
d
e
t
e
r
m
i
n
e
t
h
e
f
e
a
s
i
b
i
l
i
t
y
o
f
r
e
g
i
o
n
a
l
w
e
t
w
e
a
t
h
e
r
r
u
n
o
f
f
c
a
p
t
u
r
e
,
st
o
r
a
g
e
,
a
n
d
u
s
e
p
r
o
j
e
c
t
s
o
r
o
f
f
e
r
a
l
t
e
r
n
a
t
i
v
e
s
t
o
s
t
o
r
m
w
a
t
e
r
a
n
d
r
u
n
o
f
f
d
i
s
p
o
s
a
l
t
h
r
o
u
g
h
p
e
r
m
i
t
s
o
r
ot
h
e
r
w
r
i
t
t
e
n
a
u
t
h
o
r
i
z
a
t
i
o
n
.
T
h
e
S
a
n
i
t
a
t
i
o
n
D
i
s
t
r
i
c
t
w
i
l
l
p
r
o
m
o
t
e
r
e
s
p
o
n
s
i
b
l
e
s
t
o
r
m
w
a
t
e
r
u
t
i
l
i
z
a
t
i
o
n
an
d
s
e
w
e
r
p
r
o
t
e
c
t
i
o
n
,
w
h
e
r
e
d
o
i
n
g
s
o
d
o
e
s
n
o
t
n
e
g
a
t
i
v
e
l
y
a
f
f
e
c
t
t
h
e
S
a
n
i
t
a
t
i
o
n
D
i
s
t
r
i
c
t
’
s
o
p
e
r
a
t
i
o
n
o
r
co
m
p
l
i
a
n
c
e
w
i
t
h
l
o
c
a
l
,
s
t
a
t
e
,
a
n
d
f
e
d
e
r
a
l
r
e
g
u
l
a
t
i
o
n
s
,
a
n
d
w
a
s
t
e
w
a
t
e
r
c
a
n
b
e
h
e
l
d
f
o
r
e
v
a
l
u
a
t
i
o
n
p
r
i
o
r
to
d
i
s
c
h
a
r
g
e
.
•
C
. , .,. ,, C ,
.. , C
C.
~
l" ~ , , , C ,, C , C ,
,f
' , C ,('
(}
C -~ ' ~ C
C 'r C C ' , C
'C ', '('CC
C C • p
C C t ' c-, cfr ' cc t c C
C <
C :c ff t fe C C C C C C
' C ~ e
~
47STRATEGIC PLAN NOVEMBER 2019
Wastewater Management
•
48 STRATEGIC PLAN NOVEMBER 2019
Chemical Sustainability Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) has a need to use chemicals in its treatment
process to improve plant performance, reduce odor and corrosion potential, and meet its regulatory
requirements. These commodity chemicals are provided by outside vendors through the purchasing
process. Some of these chemicals are subject to price swings due to market condition changes such as energy cost impacts, raw material cost changes, commercial competition changes, and transportation cost volitility. The Sanitation District will identify chemicals key to its operation, investigate the market risks for those chemicals and devise strategies to mitigate identified risks to availability and pricing.
Background
The Orange County Sanitation District (Sanitation District) treatment plants and collection system use
several bulk chemicals. A sustainable supply of these chemicals is critical to maintaining an acceptable level of treatment and for ensuring compliance with all regulatory requirements. The Sanitation District spends about $13 million annually on the procurement of eight key chemicals which generally can be broken down into four categories: coagulants, odor/corrosion control, disinfection, and boiler water treatment. Boiler water treatment chemicals are low volume and readily available and will not be considered here.
Coagulant Chemicals
Coagulant chemicals include ferric chloride, anionic polymer, and cationic polymer. These chemicals are the workhorses of the sewage treatment process. Coagulant chemicals work to clump together organic material so it can more readily be separated from water. Ferric chloride is the first chemical added in the treatment process. It is a powerful settling agent that causes organics to clump together and settle to the bottom of primary basins. It is a double-duty chemical in that it also controls the formation of hydrogen sulfide gas, which is a major odorant, by binding to suspended sulphur compounds and causing them to settle before they can be converted by natural bacterial processes to hydrogen sulfide.
Ferric chloride is an iron salt that is produced by reacting iron with hydrochloric acid. It is generally a byproduct of steel treatment, a leftover pickling agent. Ferric chloride is commonly used in the water and wastewater industries. Historically, this chemical has been the subject of a limited supplier base in Southern California. The Sanitation District has been actively splitting supply contracts to multiple vendors to ensure multiple vendors are available. On-site generation of the chemical is impractical due to the hazardous nature of the manufacturing process and acid handling, the bulk steel handing logistics, and waste products disposal.
Anionic polymer works with ferric chloride to further aid in the coagulation or settling of organic compounds in the primary treatment process. These long-chain molecules are designed to be negatively charged to attract or collect positively charged ferric chloride induced organic clumps or flocculant. The use of ferric chloride and anionic polymer is called Chemically Enhanced Primary Treatment or CEPT. The Sanitation District has been using CEPT for more than thirty years.
Anionic polymers are specially designed chains with many potential variants and multiple vendors. Part of the purchasing process for polymers involves polymer trials to document the efficacy of different products from different vendors to get the best cost-performance balance.
Cationic polymer is generally used to thicken sludge or biosolids in centrifuges or dissolved air floatation thickeners (DAFT). These long-chained, positively charged molecules are essential to the proper operation of centrifuges and DAFT units. Part of the purchasing process for these polymers also involves polymer trials to document the efficacy of different products from different vendors to get the best cost-performance balance. It is important to note that it is entirely possible that four different cationic polymers will be used to optimize the performance of Plant No. 1 dewatering centrifuges, Plant No. 1 thickening centrifuges, Plant No. 2 dewater centrifuges, and Plant No. 2 DAFTs, because the performance can vary greatly depending on the equipment or process. Each process will have its own polymer trial to determine the cost-performance balance for each application.
•
49STRATEGIC PLAN NOVEMBER 2019
Odor Control Chemicals
The Sanitation District uses several chemicals in the collection system and the treatment plant to reduce the odors normally attributed to sewage and sewage treatment. These chemicals can either
prevent the formation of odor causing compound, called odorants, or they can destroy odorants that
already exist. Chemicals that prevent the formation of odorants include ferrous chloride, calcium
nitrate, magnesium hydroxide, and caustic.
Chemicals used in the collection systems tend to be more benign than chemicals used in the treatment
plants due to their proximity to the public. Ferrous chloride is closely related to Ferric chloride as
described above. It is a powerful settling agent that prevents the formation of hydrogen sulfide by tying
up and settling sulfide compounds in the collection system. It is a preferred chemical because of its
dual role, but it isn’t as benign as other choices.
Calcium nitrate is another choice for collection system odor control. It works in a different way. Calcium
nitrate alters the biological equilibrium in sewage. Generally, bacteria that live by respirating oxygen
are the most robust organisms, followed by nitrogen respirating bacteria, and finally sulfur respirating
bacteria. Adding calcium nitrate to sewage creates an environment where sulfur loving bacteria don’t
thrive or create hydrogen sulfide.
Magnesium hydroxide is a third choice for collection system odor control. It works primarily by raising
the pH of sewage to a point that is not conducive for odor causing bacteria to thrive. Magnesium
hydroxide is the most benign of the chemical choices as it is the main ingredient in Milk of Magnesia.
All three of these chemicals are continuously fed into sewer systems at different points to consistently
control the formation of odorants in the system. Where the Sanitation District doesn’t have the ability to
site a chemical dosing station and persistent odors are being experienced, there is the option to utilize
caustic slug dosing. Caustic slug dosing involves using tanker trucks to discharge up to 6,000 gallons of
sodium hydroxide into a sewer manhole structure. The very high pH has the effect of killing the bio-
slime layer on sewer pipes that creates hydrogen sulfide. This treatment has an instant benefit that
reduces hydrogen sulfide production for days to weeks depending on system conditions.
The final major odor fighting chemical is bleach. Bleach is used in treatment plant chemical scrubbers
to oxidize odorants in air scrubber units. Bleach is an effective neutralizer of hydrogen sulfide, methyl
mercaptan, methyl disulfide, dimethyl disulfide, and many others.
Disinfection
The Sanitation District successfully discontinued disinfection of its effluent to the long outfall.
This means that thousands of gallons of bleach and sodium bisulfate are no longer required to
be purchased or discharged to the ocean. However, in the event of a discharge to the short outfall
or river overflow, disinfection by bleach will be required. Significant on-site storage of bleach and
dechlorination chemical, sodium bisulfite, is necessary for this emergency contingency.
Bleach does have a shelf life of about six months. The Sanitation District rotates its disinfection supply
to its odor control and plant water treatment systems to prevent product waste.
Process Specific Chemicals
The Sanitation District uses pure oxygen to support its activated sludge secondary treatment process
for Plant No. 2. The Sanitation District previously self-generated pure oxygen using a cryogenic oxygen
plant rated at 70 tons per day. This plant was removed because it was inefficient at the current average
utilization of 35 tons per day and was at the end of its useful life. The Sanitation District contracts for
delivery of liquid oxygen and uses a vaporization system to deliver pure gaseous oxygen to the activated
sludge process.
•
50 STRATEGIC PLAN NOVEMBER 2019
Chemical Supply — Purchase vs. Make
The Sanitation District has relied on purchasing bulk commodity chemicals for its treatment plants and collection system. This has proven to be an effective strategy for operational flexibility and to
allow concentration on core business. Operationally, the types and volume of chemicals change over
time. Over time the types of polymers that are most efficient change. There is a need for more or less
volume of chemicals based on sewage flow, sewage quantity, and flow splits between plants. Managing
the generation of specialized chemicals using hazardous materials imposes a significant training
burden on staff, increases the regulatory oversight and requirements, and increases overall risk to the
organization.
The Sanitation District has maintained a policy to split the volume of orders between two vendors to
assure competition exists in the marketplace for ferric chloride. While the Sanitation District generally
cooperates with other public agencies to pool purchasing power to secure the lowest possible cost
through high volume purchasing, some specialty chemicals like ferric chloride require split orders to
maintain competitive market forces.
Current Situation
The Sanitation District is constantly changing and improving its facilities to meet new challenges.
Each of the facility changes offer new opportunities to reconsider how the Sanitation District operates
its processes and how chemicals are used. The best chemical stability outcome is to cost-effectively
eliminate the use of the chemical. This is the strategy behind cessation of bleach disinfection of the
outfall effluent.
Staff are in the process of studying the potential to operate the treatment plants differently to
minimize or eliminate use of selected chemicals. Facilities like centrifuge sludge thickening provide
new opportunities to adjust ferric chloride and anionic polymer usage. Opportunities for substitute
chemicals will be explored to understand overall cost and efficiency savings potential. This includes
iron vs. aluminum coagulant studies, anionic polymer trials, and cationic polymer trials. Staff will also
reevaluate operating parameters such as in-basin sludge co-thickening, primary basin sludge blanket
level parameters, as well as the greater loading of the secondary treatment systems.
When optimized chemical types and dosages are confirmed, staff will review the market conditions for
each important chemical. This will serve as the basis for a procurement strategy for each chemical.
Future Policy Statement
The Sanitation District will thoroughly understand its treatment processes, the potential modes of
operation, and the benefit and cost of chemicals to improve or stabilize its process. The Sanitation
District will create a list of necessary chemicals for optimal treatment operations which will consider
chemical cost, chemical availability, treatment stability, energy utilization, energy creation, nuisance
odor control, biosolids generation/cost, and regulatory permit compliance risks.
Chemicals that are deemed most beneficial will be procured at the lowest overall cost from market
providers to the extent possible. Where there are market stability concerns, the purchasing division
will devise procurement strategies to mitigate procurement risks. Where procurement risk cannot be
satisfactorily mitigated, technical staff will evaluate alternatives such as alternate operating methods,
substitute chemical usage, or on-site generation of a chemical if feasible.
Initiatives to Support Progress Toward the Policy Goal
• Reduce reliance on any particular chemical or vendor and establish flexibility to utilize other
chemicals/processes to accomplish the same operational objectives.
• Update the Sanitation District’s Chemical Sustainability Study and incorporate the results in future
procurement recommendations.
•
51STRATEGIC PLAN NOVEMBER 2019
Biosolids Management Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will remain committed to a sustainable
biosolids program and will beneficially reuse biosolids in accordance with Resolution No. OCSD 13-03
and the 2017 Biosolids Master Plan.
Background
Wastewater solids at both our treatment plants are separated, thickened, digested, and dewatered
before being recycled offsite by contractors for composting and land application. Biogas created from
the digesters is used to generate electricity to offset the need to purchase power from a local utility.
The Sanitation District currently receives sewage sludge from the Irvine Ranch Water District at Plant
No. 1, which is scheduled to cease by 2021 when Irvine Ranch Water District completes their own solids
treatment facility.
Prior to 2019, the Sanitation District produced an average of 800 wet tons per day (~20% solids) of Class
B biosolids dewatered by belt press units. Presently, with the construction and commissioning of co-
thickening sludge and dewatering centrifuges, the Sanitation District has been producing approximately 500-600 wet tons per day (25%-29% solids) with biosolids hauling cost savings of approximately $200,000-400,000/month due to the reduction in volume.
The Sanitation District‘s biosolids program is shaped by federal, state, and local regulations and by the Sanitation District’s biosolids policy (Board Resolution 13-03), our biosolids management system, and the 2017 Biosolids Master Plan (Plan). The Sanitation District manages a high quality biosolids program built on a solid policy that emphasizes the diversification of product markets for Class A and B biosolids utilized as a soil amendment for agriculture and horticulture uses. The policy also sets direction to seek opportunities in emerging markets such as biosolids-to-energy technologies to produce renewable energy in the form of biogas or used as a heating value source.
These marketing principles are aligned and supported by the Plan, which provides the Sanitation District a roadmap and framework for reliable and sustainable biosolids management options while minimizing cost. In addition, the Plan sets future capital facilities improvements over a 20-year planning horizon. The Sanitation District will be implementing the Plan to develop a capital improvement project for Plant No. 2 that will result in a major change to the Sanitation District’s biosolids program; namely, the construction of new mesophilic and thermophilic digesters that will generate Class A biosolids beginning in 2030. These new digesters are needed for operational resiliency against seismic events. Plant No. 1 will continue to produce Class B biosolids.
The Plan evaluated end-use management alternatives for the Sanitation District’s biosolids. This work supports the Sanitation District’s biosolids policy and has taken into account the regulatory initiatives imposed on organic management in California as explained below. The Plan established a roadmap for the Sanitation District’s commitment to beneficial use of its biosolids. The biosolids management portfolio for the Sanitation District is expected to remain similar to the overall current biosolids management end use options as it is today. Currently about half of the annual biosolids production is going to composting (CA and AZ) and half going to Class B land application in Arizona.
The significant shift will begin when the Sanitation District starts reliably generating Class A biosolids at Plant No. 2. Although this is more than 10 years away, the Plan has identified early planning efforts on future end uses which include:
• Emerging markets: This end use refers to either markets in which biosolids have not been tested
in California at this time (e.g. land reclamation) or emerging-technology solutions (e.g. biosolids gasification, supercritical oxidation, fluidized bed combustion, cement kiln drying, pyrolysis etc.).
• Soil blending: This option involves working or partnering with local soil blenders to deliver and blend
Class A biosolids with soil to produce a soil amendment.
•
52 STRATEGIC PLAN NOVEMBER 2019
• Arizona land application: Land application in Arizona will continue to be a part of the Sanitation
District’s overall biosolids program and serves as a large-capacity outlet for biosolids management.
• California land application: While Class A compost and granules are currently land-applied in
California, land application of Class A cake is still restricted in most counties. However, it is
anticipated that the implementation of California’s organics diversion mandates will loosen local land
applications restrictions.
This programmatic framework described above has led to a reliable and sustainable biosolids
management program that is designed for the beneficial use of the Sanitation District’s biosolids
through the utilization of diverse biosolids management options using multiple biosolids contractors,
markets, and merchant facilities, while maintaining a failsafe backup capacity of at least 100 percent
of the Sanitation District’s daily biosolids tonnage. This forethought is necessary due to the flux of
regulatory, environmental, market, and financial factors that poses potential risks to the biosolids
management in California.
Current Situation
The legislative and regulatory landscapes in California are changing regarding organic management. For
the past 15 years, direct land application of Class B biosolids has been predominately prohibited due to
strict local ordinances and conditional use requirements, which preempts state recycling laws. However,
in recent years there has been a need for organics diversion from landfills, healthy soils, renewable
energy, and reduction of Green House Gases (GHGs), which are reflected in several important bills (laws)
and initiatives that have been adopted:
• AB 1826 (2014) - Mandatory Organics Recycling for Businesses.
• SB 1383 (2016) - 50% organics diversion from landfill by 2020 and 75% by 2025, which includes
biosolids and mandatory organics procurement (compost and biogas) for impacted jurisdiction.
• SB 32 (2016) - 40% Reduction GHG below 1990 levels by 2030
• SB 100 (2018) - 50% renewable resources (i.e. anaerobic co-digestion of food waste) target by
December 31, 2026, and to achieve a 60% target by December 31, 2030
• Increasing soil carbon and carbon sequestration under the Healthy Soils Initiative and Forest Carbon
Plan.
These measures are expanding “organic waste markets,” thereby stimulating interest in siting more
composting facilities and organic waste-to-energy projects and encouraging soil blending and direct
land application of biosolids, opening opportunities for wastewater treatment plants such as the
Sanitation District to locally manage more biosolids. Regulatory agencies such as the State Water
Resource Control Board, CalRecycle, California Department of Food and Agriculture, California Air
Resources Board, and California Energy Commission are developing regulations to implement the new
laws. During the rule making process, the Sanitation District has been actively involved through the
California Association of Sanitation Agencies (CASA) and the Southern California Alliance of POTWs
(SCAP), advocating regulators to open more biosolids management options in California. In particular,
the proposed regulations for SB 1383 will require jurisdictions such as cities and counties to procure
recycled organics such as compost and biogas for beneficial use. This organic market will provide
opportunities for regional public and/or private partnerships for biosolids management options.
Although there is growing interest in California for organics management, there has also been a rising
concern from the regulatory community regarding emerging contaminants such as polyfluoroalkyl
substances (PFAS) and microplastics that may have some potential impact to the wastewater sector.
Although to date there are no regulatory limits of these contaminants in biosolids or wastewater in
California, the Sanitation District has been actively monitoring the development of the science and
regulation concerning these emerging concerns.
•
53STRATEGIC PLAN NOVEMBER 2019
Future Policy Statement
As the regulatory landscape shapes to stimulate organic waste markets in California, the Sanitation District seeks to leverage its memberships with various industry associations to advocate local, state,
and federal agencies to assure biosolids proposed regulations encourage the beneficial use of biosolids
as a soil amendment, renewable energy, and a healthy end-use market. The Sanitation District also
leverages its memberships to monitor the development of initiatives related to constituents of emerging
concern that may impact the beneficial use of biosolids. The Sanitation District’s leadership role in
these organizations enables us to have a greater influence in key regional, state, and national issues.
The Sanitation District seeks to stay abreast of developments in organic waste markets as they develop
in California. The Sanitation District seeks both public and private partnerships with regional biosolids
management opportunities including new innovative technology options that convert biosolids to
energy and other biosolids recycling operations. This is consistent with the Sanitation District’s biosolids
policy and plan. To accomplish this, the Sanitation District will issue a request for information (RFI) to
research and evaluate available emerging market such as biosolids-to-energy options or other biosolids
recycling operations within a 200-mile radius of the Sanitation District to potentially develop a scope of
work and minimum requirements for a future contract solicitation.
Consistent with the Sanitation District’s Plan, staff will seek to collaborate with OC Waste and Recycling
(OCWR) for regional biosolids management opportunities as well as partnering with OCWR to find local
solutions to meet SB 1383’s organics diversion mandates, including in-county biosolids utilization,
composting, food waste co-digestion, and biogas production.
Initiatives to Support Progress Toward the Policy Goal
• Educate and advocate with the local, state, and federal agencies to assure biosolids will continue to
be safely and legally used as a soil amendment and monitor and research constituents of emerging
concern such as PFAS and microplastics that may impact biosolids.
• Stay abreast of new technology options to convert organics to energy and other regional biosolids
recycling and renewable energy partnerships within Southern California.
• Proceed with implementation of new mesophilic and thermophilic biosolids facilities at Plant No. 2
to enhance biosolids quality and marketability while improving the Sanitation District’s operational
resiliency against seismic events.
•
54 STRATEGIC PLAN NOVEMBER 2019
Constituents of Emerging Concern Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will partner with other agencies, associations,
and institutions to support the use of sound science to inform policy and regulatory decisions on
constituents of emerging concern (CECs) at the federal, state, and regional levels. Staff will obtain and
maintain current knowledge on CECs under regulatory consideration, including occurrence, analytical methods, regulations, and treatment to support the Sanitation District’s mission.
Background
CECs also referred to as Constituents or Contaminants of Emerging Concern are pollutants that may
or may not be subject to regulatory requirements or statutes yet pose a risk to public health and/or
the environment. The Sanitation District is a recipient of CECs that are discharged along with domestic
and residential wastewater; discharges from industrial, commercial, and other governmental facilities; and tributary discharging jurisdictions. The concept of CECs evolves over time and often the Sanitation District and other entities must acknowledge and understand their impacts to address the effects posed by each CEC.
For more than 50 years, the Sanitation District has adopted and enforced standards and requirements to protect the public health and safety, the environment, and the Sanitation District’s workers and facilities, while collecting and treating wastewater. Initially the primary concern to the Sanitation District was conventional pollutants, those that originate from normal sanitary use and can be addressed by conventional wastewater treatment. With the 1972 amendment to the Clean Water Act, and as required by the Code of Federal Regulations, the Sanitation District implemented a mandated pretreatment program to control discharges containing toxic pollutants at their sources through permitting, enforcement, inspection, and sampling. The Sanitation District’s Pretreatment Program promulgates the Sanitation District’s Wastewater Discharge Regulations Ordinance (Wastewater Ordinance), which governs discharges to the sewer through various types of permits. The Wastewater Ordinance also includes numeric limits, referred to as Local Limits, that control the quality of non-domestic discharges to the sewer. These Local Limits are the result of a technical evaluation and comprehensive sampling and analysis effort, required under the Sanitation District’s permit issued by the state to discharge to the ocean — the National Pollutant Discharge Elimination System (NPDES) Permit.
The Sanitation District’s current NPDES Permit requires evaluation and monitoring of CECs. The Regional Water Quality Control Board (RWQCB) and EPA required the Sanitation District to study and report on certain newer CECs in the Sanitation District’s effluent and the receiving waters. The CEC study had to include the following categories and specified a set of particular constituents in each category: Hormones (8), Industrial Endocrine Disrupting Compounds (7), Pharmaceuticals and Personal Care Products (13), and Flame Retardants (9). Since 2014, California’s State Water Resource Control Board has been updating its Recycled Water Policy and has identified CECs under consideration for projects that conduct surface spreading of recycled water, including the Groundwater Replenishment System (GWRS). In addition, to meet the Sanitation District’s obligations to provide a high level of service for biosolids reuse and water reclamation through GWRS, the Sanitation District must evaluate and monitor CECs that affect these initiatives.
Although the Sanitation District has been involved with water reclamation with the Orange County Water District (OCWD) since the mid-1970’s, the Sanitation District’s mission changed significantly in the years leading up to 2008 when the Groundwater Replenishment System (GWRS) was commissioned. GWRS compelled the Sanitation District to consider impacts to drinking water limits and Notification and Response Levels, which are typically much lower than the standards in place for a wastewater treatment plant. For several critical constituents, OCWD and the Sanitation District established a Level of Service commitments. The Sanitation District and OCWD established a response plan to follow when a constituent becomes a concern to either agency. Where the source can be identified, the plan organizes responsive actions from the Sanitation District and OCWD for industrial and commercial facilities. Domestic and residential sources are typically addressed by way of educational outreach to the public.
•
55STRATEGIC PLAN NOVEMBER 2019
To determine the constituents that impact the Sanitation District’s operations and reuse initiatives,
the Sanitation District interacts with federal, state, and local agencies and monitors their regulatory
and legislative efforts. Sometimes the job is straightforward, because the federal, state, or local agency
focuses on a specific CEC chemical which yields a concentrated effort; however, sometimes, the effort
can be interpretative. This requires a comprehensive, well-established program and experienced subject
matter experts to identify the CECs that impact the Sanitation District. The Sanitation District must then
evaluate the sources and decide what methods will be employed to control the discharges, if necessary.
Current Situation
With newer equipment and techniques, federal, state, and local government agencies are detecting
constituents at very low concentrations in the drinking water. This has resulted in agencies studying
more constituents and requesting NPDES Permit holders, such as the Sanitation District, to monitor and
report CECs detected in the influent and effluent. However, wastewater is a much more complex matrix
than drinking water, so reproducible low-level analytical methods are much more difficult to develop
and implement for wastewater than drinking water.
The Sanitation District will also be required to develop new methods for addressing some of the CECs
primarily discharged from residential communities or are present in the existing drinking water supply.
The Sanitation District typically attempts to address such discharges through education and outreach
while working with other agencies. Some CECs require the Sanitation District and other agencies to
sponsor legislation and regulation development or to comment on a particular subject to protect the
agency’s interests. For example, the Sanitation District has advocated for minimizing or eliminating the
use of specific CECs in manufacturing or consumer use to the California Department of Toxic Substances
Control. To achieve its mission, the Sanitation District will need to continue supporting a variety of
regulatory and legislative efforts.
Future Policy Statement
If source control, education and outreach, or legislative and regulatory efforts are not successful, the
Sanitation District may be required to implement a technological or operational process change/
investment to address a CEC.
The Sanitation District must align its resources to continue managing CECs throughout the service area
and treatment process in order to comply with the Sanitation District’s existing regulatory requirements
and sustain beneficial reuse of biosolids. The Sanitation District shall acquire and maintain a high
level of subject matter expertise and engagement across the wastewater, water, water reuse, air
quality, ocean monitoring, and biosolids sectors to monitor the threats posed by upstream sources to
its system; to continue to work with other agencies and professional organizations to develop robust
analytical methods; and to evaluate routinely the need to establish sound policies, local limits, or other
regulations and standards based on new local, state, and federal regulations to protect public health
and the environment. The Sanitation District is required to continue implementing its established
response plan by promoting effective source control and treatment, while also preparing for newer CECs
and regulatory obligations. The Sanitation District will continue to work to understand the operational
and financial impacts of current and future CECs by monitoring developing regulations and legislation
and actively engaging regulatory, environmental, academic, industry, and community stakeholders.
Two families of chemicals, PFAS and PFOA, have been identified as CEC’s with a probability of impacting
water and biosolids reuse. Attached is OCWD’s August 2019 PFOA and PFAS Fact Sheet. This is an
example of a CEC where the Sanitation District must be engaged helping to explore the science and
shape future legislation and regulation to help create practical solutions to real world concerns.
•
56 STRATEGIC PLAN NOVEMBER 2019
Initiatives to Support Progress Toward the Policy Goal
• The Sanitation District will continue to actively engage water and wastewater stakeholders to stay
abreast of the scientific progress and any potential operational and financial impacts of CECs and provide timely briefings to the Sanitation District’s Management Team and Board to facilitate informed decision making.
• The Sanitation District will continue to develop capacity to detect, quantify, and characterize CECs
throughout the service area and treatment process in order to promote treatment effectiveness and the communication of credible risks.
• The Sanitation District will proactively research laboratory techniques and other scientific research
to understand the real and potential impact of CECs, like PFAS and PFOA, on the reuse of water and biosolids. The Sanitation District will use science-based knowledge to help shape legislation and regulation to protect the public health and environment.
•
57STRATEGIC PLAN NOVEMBER 2019
Workplace Environment
•
58 STRATEGIC PLAN NOVEMBER 2019
Resilient Staffing Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will attract and retain high-quality talent
to support its mission and continue to be an industry leader. It will safeguard leadership continuity
and support effective performance of the organization by proactively monitoring the changing work
environment and requirements to ensure development programs are relevant and build a skilled bench of readily available successors for key leadership and mission-critical positions.
Background
At the Sanitation District, employees are the organization’s most valuable resource. With over 600
dedicated employees whose collective efforts make OCSD an industry leader, the Sanitation District
continues to receive national awards and recognition. That is why, OCSD has committed to invest in its
employees, resulting in a highly skilled and educated workforce carrying out the mission of protecting public health and the environment.
The Sanitation District has a diverse workforce and a wide range of expertise with approximately 70
percent of positions requiring a degree, certification, and/or license. Occupations on-site include scientists, engineers, environmental and regulatory specialists, operators, mechanics, construction inspectors, as well as professionals in public affairs, finance, IT, safety and human resources.
To cultivate a committed and engaged workforce in a competitive economy, OCSD must promote initiatives to attract and retain talent and prepare staff for successful careers. Strategic succession management initiatives have been developed and adopted that support the design and implementation of comprehensive workforce planning and development tools accompanied by activities that facilitate the improvement of workforce capability, adaptability, efficiency, and accountability. Strategic workforce planning empowers management to project the loss of knowledge and experience caused by retirement and attrition and utilizes a variety of methods to ensure that the Sanitation District has adequate access to talent internally and externally through the recruitment and selection process.
The Sanitation District has a competitive recruitment process that ensures we hire the best person for the job based on qualifications and merit. Human Resources utilizes an objective multi-hurdle approach to hiring which includes Human Resources review and recommendation, subject matter expert application screening, assessment centers, panel interviews (both for technical skills and fit), skills testing, background checks, and reference checks.
Programs that have proven effective in attracting, retaining and developing highly skilled staff for key positions, include:
• Vocational/Professional Student Internship Programs
Students from the Water Utility Science Program at Santiago Canyon College, and Los Angeles Trade
Technical College work 28 hours a week and rotate through five technical trades for 53 weeks in our
Operations and Maintenance Department. We started the program in 2010 with four positions and
have grown to offer ten positions for each fiscal year. Furthermore, 14 of the program participants have been hired full-time since the program inception. The Sanitation District is piloting the program with other technical colleges in Southern California, to include Cypress College. OCSD offers student and vocational internships, as well as job shadowing and externships.
The Sanitation District’s Professional Student Internship Program offers students an opportunity to work at the professional ranks while attending college full-time for a two-year maximum duration. OCSD partners with Cal State Fullerton, Long Beach, Cal Poly Pomona and UC Irvine, among others.
•
59STRATEGIC PLAN NOVEMBER 2019
• Employee Development Program
In addition to legally mandated training, the Sanitation District provides training and development
opportunities for the purpose of increasing job knowledge and to maximize skill sets in employees’
current positions and to prepare them for future mission-critical positions. Comprehensive training
programs include technical training through industry-specific associations or groups, local schools,
and professionals as well as informal on the job training. Employees are encouraged to obtain job-
related training necessary to keep OCSD current with recent industry best practices and developments
in their respective fields of expertise and can receive Development Pay in select categories that
the Sanitation District deems mission-critical. As 70 percent of OCSD’s positions require a degree,
certificate and/or license, the Sanitation District also promotes professional development through
its tuition and certification reimbursement programs for courses completed toward obtaining an
associate’s, bachelor’s or master’s degree at accredited colleges, universities, or other institutions or
industry specific certifications that are applicable to the industry.
• Workforce Vulnerability Assessments
Each year, the Sanitation District management conducts an evaluation of their respective departments
and identifies key and vulnerable positions based on three criteria: criticality, retention, and difficulty
to fill. Vulnerability assessments provide a broader view into the areas of the agency that could
potentially be facing a high risk in turnover and are essential to operations. Management is tasked
with identifying positions based on the criteria above, then making recommendations on the level of
action that is required, complete with proposed action plans. Human Resources staff works closely
with management to facilitate workforce vulnerability assessments to develop current and future
staffing plans. It is essential that the Sanitation District continues to focus its efforts on prioritizing
staffing needs.
• Talent Readiness Assessments
The process includes departmental leadership evaluating staff and identifying key employee talent, as
well as possible development efforts. Feeder positions are identified, and talent pools are developed
between employees and management that align with agency goals and builds the talent pipeline.
• Building Leaders and Skills for Tomorrow (BLAST) Program
In 2011, the Sanitation District began a comprehensive leadership development program to
supplement the technical training courses, and includes job shadowing, mentoring, web-based and
instructor-led training on soft skills and leadership development. The goal of this development
program is to ensure OCSD is building leaders at all levels. Development opportunities are offered
to address the potential loss of talent and feed into the Succession Management and Employee
Development programs, primarily focusing on soft skills training. The leadership development
components include a public sector leadership academy with Cal State Fullerton, and a supervisory
training program through Brandman University.
The Sanitation District partnered with University of California, Irvine, California State University, Long
Beach, and California Polytechnic University at Pomona, which provided students an opportunity to
job shadow Human Resources and Engineering staff to gain insight into the profession, employment
in the public sector and the wastewater industry. The Sanitation District employees also serve on
Advisory Councils that weigh in on course curriculum at various schools, both at the high school and
college level, across Southern California.
Throughout the agency, we have several employees who are active members of various professional
associations, serve on a Board, or volunteer in various capacities within the industry. The Sanitation
District staff is regularly asked to present and teach others about resource recovery. Recruiters
attend job fairs, and work closely with universities, professional organizations, and serve on advisory
committees.
•
60 STRATEGIC PLAN NOVEMBER 2019
Education and workforce investment programs represent the most important preparation we can
accomplish today to safeguard the agency’s future for tomorrow. Finding an adequate pool of
applicants and retaining qualified workers is increasingly difficult, which we anticipate will continue
on into the future. Retirements are disrupting employment within our industry and changes in
technology have made work more complex.
Current Situation
Academics studying the labor force attribute labor shortages to workforce demographics. Depending
on the source data, the timelines defining the start/end time of these groups may vary but generally —
Baby Boomers are those born between 46-64, followed by Gen Xers 65-81, and lastly Millennials from
82-00. Close to half of staff or 49 percent fall into the “Gen Xers” category, followed by 32 percent
made up of “Baby Boomers” and “Millennials” make up 19 percent of our employee population. The
Sanitation District is currently facing a potential loss of close to half of its workforce — about 45 percent
of employees, primarily from the Baby Boomers group, and some Gen Xers. This represents a potential
loss of about 271 people to retirement alone and does not account for other forms of turnover. Hence
the need to be proactive and strategic in OCSD’s approach to maintain its staffing levels and ensure
continuity of operations.
Currently, the majority of OCSD’s executives are eligible for retirement. Managers, our next level of
leadership, closely follow with 45 percent of them eligible to retire now, and that number increases to
90 percent in five years. The Sanitation District has a little more stability in the trades and professional
occupations with retirement eligibility at 53 percent in the next five years. OCSD has a lot of long-term
employees with vast knowledge in their respective areas of expertise. Some employees have been a
part of the OCSD family for over 35 years; and at last count, ten years was the average years of service.
Looking at OCSD’s total attrition over the last five years, we have lost 3,025 years of knowledge and
experience by 132 individuals leaving the agency since 2014.
In 2010, the Sanitation District proactively implemented a second retirement benefit formula (“classic
open plan”) ahead of the Public Employee Pension Reform Act, which offered candidates moving from
other public sector agencies to OCSD with a retirement benefit of 2.43 percent at 65, with zero employer
paid member contribution. Based on the Sanitation District’s classic open retirement plan, OCSD is
unable to compete for experienced talent from surrounding municipalities, who offer a retirement
benefit of 2.5 percent or 2.7 percent at 55 and pay a portion of the employees’ contribution. Since
implementation of the classic open plan in 2010, only 22 percent of new hires come from other public
sector agencies. The Sanitation District has had experience with public sector candidates withdrawing
from the process or declining job offers once they learn of the impact to the retirement benefit formula.
The vast majority of new hires are coming from private sector and have no public sector experience
requiring additional training. Given the legal restrictions which bind the Sanitation District to the
classic open formula, it is critical OCSD focus its efforts on retaining current staff, attracting qualified
candidates, and investing heavily into developing and growing employees’ knowledge, skills and abilities
for the future, to address any potential talent shortages.
Future Policy Statement
Human Resources will continue to implement strategic initiatives that ensure workforce capabilities
match the work required to meet the Sanitation District’s mission and levels of service. Staff is
dedicated to proactively monitoring the changing work environment and requirements to implement
programs now that address future vulnerabilities. Assessments of changes in business needs, workforce
composition, and legal requirements are necessary to ensure resilient staffing.
Initiatives to Support Progress Toward the Policy Goal
• Maintain and enhance current effective development programs that are in place to provide the
direction to identify, develop and select the next generation of prepared, capable and engaged
leaders, which include:
• Vocational/Professional Student Internship Programs
•
61STRATEGIC PLAN NOVEMBER 2019
• Employee Development Program
• Workforce Vulnerability Assessments
• Talent Readiness Assessments
• Building Leaders and Skills for Tomorrow (BLAST) Program
• Strengthening Operator Training Programs
• Continue cyclical Classification & Compensation studies to ensure job classifications accurately depict
the work being performed, to set compensation levels accordingly, and stay abreast of market benefit
and salary data.
Prior to the next scheduled Classification & Compensation study, Human Resources will work with the
Board of Directors and meet and confer with the unions to review selected survey agencies based on
recognized classification and compensation standards and the job market in which we compete.
•
62 STRATEGIC PLAN NOVEMBER 2019
Safety and Physical Security Policy
Summary Policy Statement
The Orange County Sanitation District (Sanitation District) will ensure the safety and security of
employees, contractors and visitors through standard practices, policies, and procedures that support
a safe and secure environment, provide an appropriate level of security and safeguard OCSD’s property
and physical assets.
Background
In California, employers must furnish employees with a place of employment free from recognized
hazards that cause death or serious physical harm, that is compliant with all legal requirements and
aligns with industry best practices. The safety and wellness of the public and employees is our number
one priority. OCSD is committed to identifying all hazards through inspection and providing engineering
controls, job specific safety training, and personal protective equipment.
Programs that have proved effective in ensuring the safety and wellness of OCSD’s workforce, visitors
and contractors include:
Safety Assessments and Engineering Controls
In 2014, OCSD conducted a Facility-Wide Safety Assessment Project (SP-145-1) to identify process
equipment design and configuration issues that may impact worker safety, and compliance with
regulations. The main purpose of this effort was to enhance worker safety and ensure compliance with
safety codes. At the same time, safety improvements allow for reliable and efficient operation, so that
our facilities can meet regulatory and process demands, while providing cost effective operation. All
the Project SP-145-1 recommendations to be implemented by OCSD have either been addressed by Maintenance or have been incorporated into the Safety Improvement Project (J-126).
Emergency Management
The Sanitation District must be prepared to control risks to the organization, and routinely recognize,
evaluate, and prepare for emergencies. An emergency can include a major explosion, fire, verified bomb
threat, civil disorder, active shooter situation, or uncontrolled materials release which interrupts OCSD’s
ability to provide safe and environmentally responsible wastewater treatment. The Sanitations District’s protocol to control and respond to emergencies is contained within the Integrated Emergency Response Plan (IERP).
The IERP identifies and assesses hazards regarding emergency events which OCSD may be confronted with and contains policies, plans, and procedures for preparing and responding to emergencies. The Sanitation District’s emergency response organization, called the Incident Command System (ICS), is activated when an emergency condition cannot be effectively responded to under routine operations. Once the immediate emergency has been controlled, then OCSD must resume normal operations. In the event of a prolonged emergency state, the return to normal operations is guided by a Continuity of Operations Plan (COOP). In May 2018, a COOP was completed with all divisions contributing to its development. Business continuity planning is an ongoing process for OCSD with plans being updated as information changes.
The Sanitation District collaborates with local agencies to ensure available resources are identified and engaged in the event of an emergency. OCSD has partnered with local agencies in the areas of emergency response for evacuation drills and resource sharing.
•
63STRATEGIC PLAN NOVEMBER 2019
• The Sanitation District participated in the 2019 Orange Crush Regional Emergency Preparedness
and Training Exercise in January 2019. This county-wide exercise used a scenario of a magnitude
7.8 earthquake strike along the San Andreas Fault. A full Emergency Operations Center activation
occurred for this functional exercise and gave the Sanitation District the opportunity to test the
Integrated Emergency Response Plan.
• The Orange County Sheriff’s Department and the Orange County Health Care Agency established a
Joint Information Center at Plant No. 2 on May 13-14, 2019 to host an enforcement event in Talbert
Park. In addition, the operation was overseen by three federal judges who were present to ensure the
rights of all citizens were not violated by law enforcement or The Health Care Agency. Officials utilized
Plant No. 2 contractor gates for points of entry.
• The Sanitation District is a member and funding agency of the Water Emergency Response of Orange
County (WEROC), which is an organization that is administered by the Municipal Water District of
Orange County (MWDOC). It supports and manages countywide emergency preparedness, planning,
response and recovery efforts among Orange County water and wastewater utilities.
Security
The Department of Homeland Security has designated 16 critical infrastructure sectors, which includes
water and wastewater systems. Wastewater systems are vulnerable to a variety of attacks, including acts
of terrorism, contamination with deadly agents; physical attacks, such as the release of toxic gaseous
chemicals, and cyberattacks. In addition, the Department of Homeland Security indicates that the
average time it takes for a critical incident to take place is up to 12 minutes while the average police
response time can be up to 11 minutes and that time could increase should there be a natural disaster.
Additional security concerns include physical violence, vandalism, theft, and trespassers. With
approximately 100 acres at each site, 600 employees, contractors, and members of the public on site
for tours and meetings, it is essential to maintain a security force that can respond to security threats
promptly.
The Sanitation District contracts with a security firm that supplies four armed and five unarmed
guards to provide round the clock security monitoring of over 80 cameras, monitoring gate access, and
patrolling the perimeter at both plants.
Current Situation
The Risk Management division has been given the responsibility and an adequate budget to assess and
control the safety, security, and health risks that employees, contractors, and guests may be exposed
to from OCSD operations. Assessment and control of risks is achieved collaboratively between Risk
Management staff and internal stakeholders. Risk Management, managers, and staff collaborate to
develop written procedures (e.g., policies) that are used for controlling and eliminating hazards at OCSD;
thus, ensuring compliance with occupational health and safety standards and laws.
Safety
As the health and safety of employees, contractors and visitors is the number one priority, the
Sanitation District strives to achieve safety excellence. This is exemplified by our pursuit of the
California Voluntary Protection Program (Cal/VPP). The Cal/VPP is a program created by Cal/OSHA
to recognize organizations who have implemented safety and health programs that effectively
prevent and control occupational hazards. A Cal/VPP workplace is expected to continually improve
its safety program; which means a safe workplace for all. A reduction in injuries and illness has been
documented at sites that have committed to the VPP approach. Cal/VPP is recognized as a higher level
of protection for the workplace, for this reason, OCSD is pursuing this designation.
In preparation for application to the Cal/VPP program, the Sanitation District conducted a Cal/VPP
readiness assessment in January 2019 and developed an implementation strategy. The assessment
•
64 STRATEGIC PLAN NOVEMBER 2019
included interviews with various OCSD subject matter experts and discussions with employees
during facility tours. OCSD procedures and records were reviewed, and limited visual inspection of
work locations and facilities was conducted. The assessment considered basic Cal/OSHA regulatory
compliance and additional best management practices that are expected to be implemented in VPP
certified workplaces. Based on the results of the VPP assessment, OCSD is working toward applying for
VPP before the end of calendar year 2019. The timing coincides with the implementation of most of the
Safety Improvement Project (J-126), which are critical for success in our VPP pursuit.
This Safety Improvement Project (J-126) is progressing on-schedule. Of the eleven J-126 projects, two
have been completed, seven are in the construction phase, and two are pending contractor award. It
is important to note that interim measures have been taken to ensure worker safety at the locations
identified for safety improvements. Workers are not exposed to hazards while projects are completed.
Eliminating hazards through engineering projects is critical, along with a positive safety culture. In
order to assess the safety culture at OCSD, a survey was conducted from February to April 2019. The
results of this survey indicated employees believe the safety culture is improving, desired an increase in
communication on safety issues, and wanted less online and more hands-on customized safety training.
Emergency Management
The Sanitation District partners with local agencies to ensure available resources are identified and
engaged in the event of an emergency. Collaborations currently scheduled include:
• In conjunction with WEROC, OCSD participated in the development of the Orange County Water and
Wastewater Hazard Mitigation Plan (Plan) which will be submitted for approval to the State. The
Plan provides a framework for participating water and wastewater utilities to plan for natural and
man-made hazards in Orange County. The Sanitation District is an active participant in the Plan, and
developed a hazard mitigation plan, which is Annex C of the Plan. The resources and information
within the Plan will allow OCSD, and participating jurisdictions to identify and prioritize future
mitigation projects, meet the requirements of federal assistance programs and grant applications, and
encourage coordination and collaboration in meeting mitigation goals.
• On July 27, 2019, the Sanitation District partnered with the Fountain Valley Police Department
Explorers during OCSD’s Open House event. The Police Explorers assisted Human Resources and Risk
Management with crowd and traffic control. Their assistance was beneficial in the management of
public during this important event.
Security
The designation of wastewater systems as critical infrastructure by the Department of Homeland Security requires OCSD to be diligent in protecting people and property from security breaches. OCSD
seeks to continually improve the security program. On June 7, 2019, OCSD issued a Request for Proposal
(RFP) for Security Services, which included a potential expansion of security services for OCSD’s new
Headquarters Complex. As part of the RFP evaluation, OCSD will review procedural and technical
enhancements/innovations that may improve the existing program.
In addition, OCSD has established a Security Committee, which includes stakeholders from a cross-
section of the organization, to collect input and assess physical and cybersecurity concerns and
suggestions. Responsibilities of the committee include, but are not limited to, development of a physical
and cybersecurity plan, reviewing orders and policies, reviewing incident reports, and planning drills.
The first meeting of the committee was held on June 6, 2019.
Future Policy Statement
Risk Management has and will continue to implement strategic initiatives that will ensure the safety,
health, and security of its workforce, and proactively plan for emergencies to ensure continuity
of operations. Staff is dedicated to proactively monitoring the changing work environment and
•
65STRATEGIC PLAN NOVEMBER 2019
requirements to implement programs now that address future vulnerabilities. Assessments of changes
in business needs, plant processes and legal requirements are necessary to ensure a safe and secure
work environment. The results of improvement will be measured using leading metric indicators and
reported to the workforce to foster employee engagement.
Initiatives to Support Progress Toward the Policy Goal
Safety
• Complete outstanding safety projects, improvements, and corrective actions to apply and obtain Cal/
OSHA Voluntary Protection Program (VPP) status; and continue to foster a culture where employees
are accountable for their safety as well as the safety of others.
Emergency Management
• Support facility and countywide emergency preparedness, response, and recovery efforts by
partnering with entities, such as, the Water Emergency Response Organization of Orange County
(WEROC), Orange County Sherriff Department, and local fire departments to plan and continue to
conduct disaster preparedness training and exercises.
Security
• Continually identify and assess vulnerabilities and implement solutions through the Security
Committee and third-party assessments. Prevent/mitigate security breaches using physical security
systems such as video monitoring, access control, and armed security patrols.
•
66 STRATEGIC PLAN NOVEMBER 2019 •
Reclamation Plant No. 1 (Administration Offices)
10844 Ellis Avenue • Fountain Valley, California 92708
Treatment Plant No. 2
22212 Brookhurst Street • Huntington Beach, California 92646
For more information
Email: forinformation@ocsd.com • Phone: 714.962.2411
www.ocsd.com
11/2019
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1881 Agenda Date:9/29/2021 Agenda Item No:CS-1
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(4)
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 2
A. Initiation of litigation regarding permittee: Aseptic Technology and Beverage Visions, LLC.
B. Potential initiation of eminent domain litigation regarding property owned by Bayside Village
Marina, LLC.
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:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 9/22/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1114541.2
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: September 20, 2021
RE: Closed Session Items
The Board of Directors desires to hold a closed session on September 29, 2021 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Board is deciding whether to initiate litigation against another party.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(4).
The facts and circumstances are as follows. An industrial facility is in arrears on user
fees. The Board will consider potential litigation to recover the charges owed.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
NOT A PUBLIC RECORD
1114541.2
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: September 20, 2021
RE: Closed Session Items
The Board of Directors desires to hold a closed session on September 29, 2021 for the
purpose of conferring with its legal counsel regarding potential litigation. Based on existing
facts and circumstances, the Board is deciding whether to initiate litigation against another party.
The closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(4).
The facts and circumstances are as follows. The District is planning to construct the Bay
Bridge Pump Station and Force Mains Rehabilitation Project. In order to construct the project,
the District must acquire certain property and easements adjacent to the current pump station.
Negotiations with the property owner have proven unsuccessful, so the Board of Directors must
meet to consider possible initiation of an eminent domain action.
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
NOT A PUBLIC RECORD
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1882 Agenda Date:9/29/2021 Agenda Item No:CS-2
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LEGAL COUNSEL RE EXISTING LITIGATION - GOVERNMENT CODE
SECTION 54956.9(D)(1)
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 3
A. Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski; Lorenzo Tyner; and
Does 1-100, inclusive. Superior Court of California, County of Orange, Case No. 30-2020-
01149812-CU-WT-CJC.
B. Heidi M. Janz v. Orange County Sanitation District; Its Board of Directors, Officers, Officials,
Agents and Celia Chandler, Director of Human Resources and Does 1 through 10, Superior
Court of California, County of Orange, Case No. 30-2021-01208616-CU-OE-CJC.
C. Raul Palazuelos v. Orange County Sanitation District, a government entity; Richard Kwiecien,
an individual; and Does 1 through 100, inclusive. Superior Court of California, County of
Orange, Case No. 30-2021-01217839-CU-OE-CJC.
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
Orange County Sanitation District Printed on 9/22/2021Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1882 Agenda Date:9/29/2021 Agenda Item No:CS-2
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Memoranda from General Counsel
Orange County Sanitation District Printed on 9/22/2021Page 2 of 2
powered by Legistar™
1411290.1
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: September 20, 2021
RE: Closed Session Items
The Board of Directors desires to hold a closed session September 29, 2021 for the purpose
of conferring with its legal counsel regarding existing litigation to which the District is a party.
The title of the case is Arlin Blazevic v. Orange County Sanitation District; Natasha Dubrovski;
Lorenzo Tyner; and Does 1-100, inclusive, Superior Court of California, County of Orange, Case
No. 30-2020-01149812. The closed session will be held pursuant to the authority of California
Government Code Section 54956.9(d)(1).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
1411290.1
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: September 20, 2021
RE: Closed Session Items
The Board of Directors desires to hold a closed session September 29, 2021 for the purpose
of conferring with its legal counsel regarding existing litigation to which the District is a party.
The title of the case is Heidi M. Janz v. Orange County Sanitation District; its Board of Directors,
Officers, Officials, Agents and Celia Chandler, Director of Human Resources; and Does 1-10,
inclusive, Superior Court of California, County of Orange, Case No. 30-2021-01208616. The
closed session will be held pursuant to the authority of California Government Code Section
54956.9(d)(1).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
1411290.1
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: September 20, 2021
RE: Closed Session Items
The Board of Directors desires to hold a closed session September 29, 2021 for the purpose
of conferring with its legal counsel regarding existing litigation to which the District is a party.
The title of the case is Raul Palazuelos v. Orange County Sanitation District; a government entity;
Richard Kwiecien, an individual; and Does 1-100, inclusive, Superior Court of California, County
of Orange, Case No. 30-2021-01217839 The closed session will be held pursuant to the authority
of California Government Code Section 54956.9(d)(1).
Respectfully submitted,
By_________________________________
Bradley R. Hogin, General Counsel
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1879 Agenda Date:9/29/2021 Agenda Item No:CS-3
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH LABOR NEGOTIATORS - GOVERNMENT CODE SECTION 54957.6
RECOMMENDATION: Convene in Closed Session:
Agency Designated Representatives: General Manager Jim Herberg, Assistant General Manager
Lorenzo Tyner, and Director of Human Resources Celia Chandler.
Employee Organizations: 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
Orange County Sanitation District Printed on 9/21/2021Page 1 of 1
powered by Legistar™
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: September 20, 2021
RE: Closed Session Items
The Board of Directors will hold a closed session on September 29, 2021 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 Jim Herberg, Lorenzo
Tyner, Rob Thompson and Celia Chandler. The closed session will be held pursuant to authority
of California Government Code Section 54957.6.
Respectfully submitted,
By: __________________________
Bradley R. Hogin, General Counsel
BOARD OF DIRECTORS
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1880 Agenda Date:9/29/2021 Agenda Item No:CS-4
FROM:James D. Herberg, General Manager
SUBJECT:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE SECTION
54956.8
RECOMMENDATION: Convene in Closed Session:
Number of Cases: 1
Property: Portions of 300 East Coast Highway, Newport Beach, CA; APN No. 440-132-60.
Agency negotiators: General Manager Jim Herberg, Assistant General Manager Lorenzo Tyner,
Assistant General Manager Rob Thompson, Director of Engineering Kathy Millea, and Controller
Wally Ritchie.
Negotiating parties: Bayside Village Marina, LLC
Under negotiation: Price and terms of payment
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
Orange County Sanitation District Printed on 9/21/2021Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
1395680.1
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: September 20, 2021
RE: Closed Session Items
The Board of Directors will hold a closed session on September 29, 2021 for the purpose
of conferring with its negotiators regarding the purchase of real property. The negotiating parties
and property are as follows: portions of 300 East Coast Highway, Newport Beach, CA - APN No.
440-132-60. The District’s negotiators are General Manager, Jim Herberg; Assistant General
Manager, Lorenzo Tyner; Assistant General Manager, Rob Thompson; Director of Engineering,
Kathy Millea; and Controller Wally Ritchie. Said closed session will be held pursuant to authority
of California Government Code Section 54956.8.
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.