HomeMy WebLinkAbout06-01-2022 Operations Committee Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
Governor Newsom signed Assembly Bill (AB) 361 on September 16, 2021, which, in part, addresses the conduct of public meetings in light of the continued State of Emergency order.
Effective October 1, 2021, AB 361 suspends the requirements located in California Government Code, Section 54953, Subdivision (b), Paragraph (3) specifically pertaining to the conduct of public meetings. As such, the Orange County Sanitation District (OC San) Board of Directors has determined that due to the size of OC San’s Board of Directors (25), and the health and safety of the members, the Board of Directors will be participating
in meetings of the Board telephonically and via Internet accessibility. PUBLIC PARTICIPATION
Your participation is always welcome. OC San offers several ways in which to interact during meetings. You will find information as to these opportunities below. ONLINE MEETING PARTICIPATION
You may join the meeting live via Teams on your computer or similar device or web browser by using the link below: Click here to join the meeting
We suggest testing joining a Teams meeting on your device prior to the commencement of the meeting. For recommendations, general guidance on using Teams, and instructions on joining a Teams meeting, please click here.
Please mute yourself upon entry to the meeting. Please raise your hand if you wish to speak during the public comment section of the meeting. The Clerk of the Board will call upon you by using the name you joined with. Meeting attendees are not provided the ability to make a presentation during the meeting.
Please contact the Clerk of the Board at least 48 hours prior to the meeting if you wish to present any items. Additionally, camera feeds may be controlled by the meeting moderator to avoid inappropriate content.
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
HOW TO PARTICIPATE IN THE MEETING BY TELEPHONE To join the meeting from your phone: Dial (213) 279-1455 When prompted, enter the Phone Conference ID: 745 241 468#
All meeting participants may be muted during the meeting to alleviate background noise. If you are muted, please use *6 to unmute. You may also mute yourself on your device. Please raise your hand to speak by use *5, during the public comment section of the meeting. The Clerk of the Board will call upon you by using the last 4 digits of your phone
number as identification. NOTE: All attendees will be disconnected from the meeting at the beginning of Closed Session. If you would like to return to the Open Session portion of the meeting, please login or dial-in to the Teams meeting again and wait in the Lobby for admittance. VIEW THE MEETING ONLINE ONLY The meeting will be available for online viewing only at:
https://ocsd.legistar.com/Calendar.aspx HOW TO SUBMIT A COMMENT
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please raise your hand as described above or alert the Clerk of the Board before or during the public comment period. You may also submit your comments and questions in writing for consideration in advance
of the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for the duration of the meeting. All written public comments will be provided to the legislative body and may be read into
the record or compiled as part of the record. TECHNICAL SUPPORT PRIOR TO AND DURING MEETINGS
For technical assistance before and during the meeting, please call 714-593-7431. For
any other questions and/or concerns, please contact the Clerk of the Board’s office at 714-593-7433. Thank you, in advance, for your patience in working with these technologies. We appreciate your interest in OC San!
May 25, 2022
NOTICE OF REGULAR MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, June 1, 2022 – 5:00 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Your participation is always welcome. Specific information as to how to
participate in this meeting is detailed in the Special Notice attached to
this agenda. In general, OC San offers several ways in which to interact
during meetings: you may join the meeting live via Teams on your
computer or similar device or web browser, join the meeting live via
telephone, view the meeting online, and/or submit comments for
consideration before or during the meeting.
The Regular Meeting of the Operations Committee of the Orange County
Sanitation District will be held at the above location and in the manner
indicated on Wednesday, June 1, 2022 at 5:00 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
OPERATIONS COMMITTEE MEETING DATE
BOARD MEETING DATE
06/01/22 06/22/22
07/06/22 07/27/22
AUGUST DARK 08/24/22
09/07/22 09/28/22
10/05/22 10/26/22
11/02/22 11/16/22 *
12/07/22 12/21/22 *
JANUARY DARK 01/25/23
02/01/23 02/22/23
03/01/23 03/22/23
04/05/23 04/26/23
05/03/23 05/24/23
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: June 1, 2022 Time: 5:00 p.m. Adjourn:
COMMITTEE MEMBERS (14)
Brooke Jones (Chair)
Ryan Gallagher (Vice-Chair) Stephen Faessel
Johnathan Ryan Hernandez
Steve Jones Sandra Massa-Lavitt
Paulo Morales
Kim Nichols
Bob Ooten
Jesus J. Silva
Donald P. Wagner
Chad Zimmerman
John Withers (Board Chair)
Chad Wanke (Board Vice-Chair)
OTHERS
Brad Hogin, General Counsel
STAFF
Jim Herberg, General Manager
Rob Thompson, Assistant General Manager
Lorenzo Tyner, Assistant General Manager
Celia Chandler, Director of Human Resources
Kathy Millea, Director of Engineering
Riaz Moinuddin, Director of Operations & Maintenance
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 03/07/2022 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim
Stephen Faessel
Gloria Ma’ae Brea Glenn Parker Cecilia Hupp Buena Park Art Brown Connor Traut Cypress Paulo Morales Anne Hertz-Mallari Fountain Valley Patrick Harper Ted Bui Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan
La Habra Rose Espinoza Steve Simonian La Palma Marshall Goodman Nitesh Patel Los Alamitos Ron Bates NONE Newport Beach Brad Avery Joy Brenner Orange Kim Nichols Chip Monaco Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen Mark Nguyen Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Ted Lindsey County Areas
Board of Supervisors Donald P. Wagner
Doug Chaffee
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, June 1, 2022 - 5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
ACCOMMODATIONS FOR THE DISABLED: If you require any special disability related accommodations,
please contact the Orange County Sanitation District (OC San) Clerk of the Board’s office at (714) 593-7433 at
least 72 hours prior to the scheduled meeting. Requests must specify the nature of the disability and the type
of accommodation requested.
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the OC San's Administration Building located at 10844 Ellis
Avenue, Fountain Valley, California, and on the OC San’s website at www.ocsan.gov not less than 72 hours
prior to the meeting date and time above. All public records relating to each agenda item, including any public
records distributed less than 72 hours prior to the meeting to all, or a majority of the Board of Directors, are
available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to be
considered or discussed. The recommended action does not indicate what action will be taken. The Board of
Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of the
meeting at https://ocsd.legistar.com/Calendar.aspx or by contacting the Clerk of the Board at (714) 593-7433.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must be
submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433 / klore@ocsan.gov at least 14
days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg, jherberg@ocsan.gov / (714) 593-7300
Asst. General Manager: Lorenzo Tyner, ltyner@ocsan.gov / (714) 593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsan.gov / (714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsan.gov / (714) 593-7202
Director of Engineering: Kathy Millea, kmillea@ocsan.gov / (714) 593-7365
Director of Environmental Services: Lan Wiborg, lwiborg@ocsan.gov / (714) 593-7450
Director of Operations & Maintenance: Riaz Moinuddin, rmoinuddin@ocsan.gov / (714) 593-7269
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 1, 2022
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. Specific information as to how to participate in a meeting is detailed in the
Special Notice attached to this agenda. In general, OC San offers several ways in which to interact during
meetings: you may join the meeting live via Teams on your computer or similar device or web browser, join the
meeting live via telephone, view the meeting online, and/or submit comments for consideration before or during
the meeting.
You may provide verbal comment in real time during the meeting. In order to provide a verbal comment, please
raise your hand (directions provided in the Special Notice attached to this agenda) or alert the Clerk of the Board
before or during the public comment period.
You may submit your comments and questions in writing for consideration in advance of the meeting by using the
eComment feature available online at: https://ocsd.legistar.com/Calendar.aspx or sending them to
OCSanClerk@ocsan.gov with the subject line “PUBLIC COMMENT ITEM # (insert the item number relevant to
your comment)” or “PUBLIC COMMENT NON-AGENDA ITEM”.
You may also submit comments and questions for consideration during the meeting by using the eComment
feature available online at: https://ocsd.legistar.com/Calendar.aspx. The eComment feature will be available for
the duration of the meeting.
All written public comments will be provided to the legislative body and may be read into the record or compiled as
part of the record.
REPORTS:
The Committee Chairperson and the General Manager may present verbal reports on miscellaneous matters of
general interest to the Directors. These reports are for information only and require no action by the Directors.
CONSENT CALENDAR:
Consent Calendar Items are considered to be routine and will be enacted, by the Committee, after one motion,
without discussion. Any items withdrawn from the Consent Calendar for separate discussion will be considered in
the regular order of business.
1.2022-2299APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held May 4,
2022.
Originator:Kelly Lore
Page 1 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 1, 2022
Agenda Report
05-04-2022 Operations Committee Minutes
Attachments:
2.2022-2203ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2022.
Originator:Kathy Millea
Agenda Report
CIP Contract Report 03-31-2022
Attachments:
3.2022-2262BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT
PAD, PROJECT NO. FR1-0012
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Building B Floor
Replacement, Jib Crane and Forklift Pad, Project No. FR1-0012;
B. Award a Construction Contract to Vicon Enterprise for Building B Floor
Replacement, Jib Crane and Forklift Pad, Project No. FR1-0012 for an amount
not to exceed $220,000; and
C. Approve a contingency of $22,000 (10%).
Originator:Kathy Millea
Agenda Report
FR1-0012 Contract Agreement
Attachments:
4.2022-2309PLANT NO. 2 TRICKLING FILTER “A” ROTARY DISTRIBUTOR MAST
REPLACEMENT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for
a direct replacement Center Mast assembly for the Plant No. 2 Trickling Filter
“A” solids contact, Secondary Treatment, in an amount not to exceed $461,500,
plus applicable sales tax and shipping; and
B. Approve a contingency of $46,150 (10%).
Originator:Riaz Moinuddin
Agenda ReportAttachments:
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 1, 2022
5.2022-2321SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL
GENERATION FACILITIES' CARBON MEDIA CHANGE-OUT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Carbon Bulk Sales LLC to install and dispose of
activated carbon media for Plant Nos. 1 and 2 Cen-Gen Facilities, Specification
No. S-2022-1289BD, for a total amount not to exceed $420,972 for the period
beginning July 1, 2022 through June 30, 2023, with four (4) one-year renewal
options; and
B. Approve an annual contingency of $42,097 (10%).
Originator:Riaz Moinuddin
Agenda Report
S-2022-1289BD General Services Contract
Attachments:
NON-CONSENT:
6.2022-2230ENERGY AND DIGESTER GAS MASTER PLAN, PROJECT NO.
PS21-04
RECOMMENDATION: Recommend to the Board of Directors to:
A Approve a Professional Services Agreement with Brown and Caldwell to provide
engineering services for the Energy and Digester Gas Master Plan, Project No.
PS21-04, for an amount not to exceed $1,438,037; and
B. Approve a contingency of $143,804 (10%).
Originator:Kathy Millea
Agenda Report
PS21-04 PSA Agreement & Attachment A Scope of Work
Presentation - PS21-04 Energy Master Plan PSA
Attachments:
7.2021-1944REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Redhill Relief Sewer
Relocation at State Route 55, Project No. FE18-13;
B. Award a Construction Contract to SRK Engineering, Inc. for Redhill Relief Sewer
Relocation at State Route 55, Project No. FE18-13 for an amount not to exceed
$2,213,000; and
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 1, 2022
C. Approve a contingency of $331,950 (15%).
Originator:Kathy Millea
Agenda Report
FE18-13 Contract Agreement Package
Attachments:
8.2022-2141BUSHARD DIVERSION STRUCTURE REPAIR, PROJECT NO. MP-307
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Bushard Diversion
Structure Repair, Project No. MP-307;
B. Award a Construction Contract to Abhe & Svoboda, Inc. for Bushard Diversion
Structure Repair, Project No. MP-307 for an amount not to exceed $1,762,545;
and
C. Approve a contingency of $176,255 (10%).
Originator:Kathy Millea
Agenda Report
MP-307R Contract Agreement
Presentation - MP-307 Construction Award
Attachments:
INFORMATION ITEMS:
9.2022-2340FY 2022-23 AND FY 2023-24 BUDGET PRESENTATION
RECOMMENDATION:
Information Item.
Originator:Lorenzo Tyner
Agenda Report
Presentation - Proposed FY 2022-23 & FY 2023-24 Budget
Attachments:
10.2022-2193ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
RECOMMENDATION:
Information Item.
Originator:Lan Wiborg
Agenda Report
Presentation - Environmental Lab & Ocean Monitoring
Attachments:
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, June 1, 2022
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
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 Committee meeting until the Regular Meeting of theOperations Committee on
July 6, 2022 at 5:00 p.m.
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2299 Agenda Date:6/1/2022 Agenda Item No:1.
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 Operations Committee held May 4, 2022.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure, an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-04
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Minutes of the Operations Committee meeting held May 4, 2022
Orange County Sanitation District Printed on 5/25/2022Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, May 4, 2022
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee of the Orange County Sanitation District was
called to order by Committee Vice-Chair Ryan Gallagher on Wednesday, May 4, 2022 at 5:02
p.m. in the Administration Building of the Orange County Sanitation District. Vice-Chair
Gallagher stated that the meeting was being held telephonically and via Internet accessibility
in accordance with new provisions in California Government Code Section 54953 and
Resolution No. OC SAN 22-13, due to the continued State of Emergency Order. Vice-Chair
Gallagher announced the teleconference meeting guidelines and led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Ryan Gallagher, Stephen Faessel, Johnathan Ryan Hernandez,
Steve Jones, Paulo Morales, Kim Nichols, Robert Ooten, Jesus Silva,
Donald Wagner, Chad Wanke, John Withers, Chad Zimmerman, Ted
Lindsey (Alternate) and Schelly Sustarsic (Alternate)
ABSENT:None
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mo Abiodun were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Jennifer Cabral; Tanya Chong; Raul Cuellar; Mike Dorman; Brian Engeln; April
Frost; Tina Knapp; Rob Michaels; Jeff Mohr; Adam Nazaroff; Wally Ritchie; Thomas Vu; Eros
Yong; and Ruth Zintzun were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel, and James H. Clark, Black & Veatch,
were in attendance telephonically.
PUBLIC COMMENTS:
No public comments were received.
Clerk of the Board Kelly Lore stated that a revised PowerPoint presentation for Item No. 10
had been emailed to the Directors today and was also made available to the public.
REPORTS:
Vice-Chair Gallagher and General Manager Jim Herberg did not provide reports.
Page 1 of 8
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes May 4, 2022
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2283
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held April 6,
2022.
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke and John
Withers
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones, Chad Zimmerman and
Schelly Sustarsic (Alternate)
ABSTENTIONS:Ted Lindsey (Alternate)
2.INSTALLATION AND DISPOSAL OF ACTIVATED CARBON FOR
PLANT NO. 1 T&D ODOR CONTROL SYSTEM, SPECIFICATION NO.
S-2022-1316BD
2022-2279
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order Contract to Karbonous, Inc. to provide Installation
and Disposal of Activated Carbon for Plant No. 1 T&D Odor Control System,
Specification No. S-2022-1316BD, for a total annual amount not to exceed
$202,920 for the period beginning August 1, 2022 through July 31, 2023, with
four one-year renewal options; and
B. Approve an annual contingency of $20,292 (10%).
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones, Chad Zimmerman and
Schelly Sustarsic (Alternate)
ABSTENTIONS:None
3.QUARTERLY ODOR COMPLAINT REPORT 2022-2257
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO:
Page 2 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
Receive and file the Fiscal Year 2021-22 Third Quarter Odor Complaint Report.
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones, Chad Zimmerman and
Schelly Sustarsic (Alternate)
ABSTENTIONS:None
4.SEAL BEACH PUMP STATION REPLACEMENT, PROJECT NO. 3-67 2022-2235
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Approve a Monitoring Wells Relocation Agreement between the Orange County
Sanitation District and Orange County Water District for Seal Beach Pump Station
Replacement, Project No. 3-67, in a form approved by General Counsel.
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones, Chad Zimmerman and
Schelly Sustarsic (Alternate)
ABSTENTIONS:None
5.PLANT NO. 2 OXYGEN REACTOR PURGE VALVE AND ACTUATOR
ASSEMBLIES REPLACEMENT
2022-2265
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Sole Source Purchase Order to Integrated Process Technologies for
the purchase of four DeZurik 20” 316 SST Oxygen Cleaned Purge Air Control
Valves and Limitorque Actuator assemblies for the Plant No. 2 Activated Sludge
Plant in an amount not to exceed $200,597; and
B. Approve a contingency of $20,059 (10%).
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers and Ted Lindsey (Alternate)
NOES:None
Page 3 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
ABSENT:Johnathan Ryan Hernandez, Steve Jones, Chad Zimmerman and
Schelly Sustarsic (Alternate)
ABSTENTIONS:None
Director Chad Zimmerman arrived at the meeting at approximately 5:08 p.m.
NON-CONSENT:
6.DIRECT ACCESS ENERGY PURCHASE CONTRACT 2022-2273
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve Master Service Agreements with two additional energy service
providers:
•Constellation NewEnergy and
•NRG/Direct Energy; and
B. Delegate to the General Manager and Purchasing Manager the authority to enter
into Transaction Agreements, in a form approved by General Counsel, with the
following energy service providers:
•Shell Energy Solutions, or
•Constellation NewEnergy, or
•NRG/Direct Energy.
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers, Chad Zimmerman and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones and Schelly Sustarsic
(Alternate)
ABSTENTIONS:None
7.SODIUM HYDROXIDE (CAUSTIC SODA) 50%, SPECIFICATION NO.
C-2018-915BD - CONTINGENCY INCREASE
2022-2247
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 4 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
Approve a unit price contingency increase of $44.40 per dry ton (an additional 6% of
the base cost) to the Liquid Caustic Soda (50%) contract with Brenntag Pacific for the
term July 1, 2022 through June 30, 2023, for a new total contingency amount not to
exceed $112.80 per dry ton (16%) with a total estimated usage of $481,153.
AYES:Ryan Gallagher, Stephen Faessel, Paulo Morales, Kim Nichols,
Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke, John
Withers, Chad Zimmerman and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez, Steve Jones and Schelly Sustarsic
(Alternate)
ABSTENTIONS:None
Director Steve Jones arrived at the meeting at approximately 5:18 p.m.
8.LIQUID FERRIC CHLORIDE SPECIFICATION NO. C-2019-1037BD
CONTINGENCY INCREASE
2022-2266
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a unit price contingency of $175 per dry ton (26%) to the liquid Ferric
Chloride Agreement with Pencco, Inc., Specification No.C-2019-1037BD, for the
period beginning July 1, 2022 through June 30, 2023. New unit cost not to
exceed $849 per dry ton, for a total estimated annual amount of $3,947,024;
B. Approve a unit price contingency of $277 per dry ton (40%) to the liquid Ferric
Chloride Agreement with Kemira, Inc., Specification No.C-2019-1037BD, for the
period beginning July 1, 2022 through June 30, 2023. New dry ton unit cost not
to exceed $965 per dry ton, for a total estimated annual amount of $1,936,062;
and
C. Approve a fuel surcharge of 2.5% on Ferric Chloride deliveries from Kemira, Inc.
with quarterly Consumer Price Index (CPI) adjustments.
AYES:Ryan Gallagher, Stephen Faessel, Steve Jones, Paulo Morales, Kim
Nichols, Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers, Chad Zimmerman and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Schelly Sustarsic (Alternate)
ABSTENTIONS:None
Page 5 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
9.REGIONAL ODOR AND CORROSION CONTROL SERVICES
(ROCCS) PROGRAM, SPECIFICATION NO. C-2017-899BD -
CONTINGENCY INCREASE
2022-2246
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a chemical unit price contingency increase of $146 per dry ton (an
additional 20% of the base price) to the Ferrous Chloride Contract with Hill
Brothers Chemical Company for the term July 1, 2022 through June 30, 2023,
for a new total unit price contingency of $257.30 per dry ton (35%) for total
estimated usage of $3,028,675;
B. Approve a unit price contingency increase of 15% for application and field
services fees for Ferrous Chloride with Hill Brothers Chemical Company for a
new total unit price contingency of $7.50 (30%);
C. Approve a fuel surcharge of 4% on Ferrous Chloride deliveries with Hill Brothers
Chemical Company, with quarterly Consumer Price Index (CPI) adjustments;
D. Approve a chemical unit price contingency increase of $65 per dry ton (an
additional 12% of the base price) to the Magnesium Hydroxide Contract with Hill
Brothers Chemical Company for the term July 1, 2022 through June 30, 2023,
for a new total unit price contingency of $146.26 per dry ton (27%) for total
estimated usage of $2,637,031; and
E. Approve a chemical unit price contingency increase of $0.58/gal (an additional
17% of the base price) to the Calcium Nitrate Contract with USP Technologies
for the term July 1, 2022 through June 30, 2023, for a new total unit price
contingency of $1.06/gal (32%) a total estimated usage of $847,427.
AYES:Ryan Gallagher, Stephen Faessel, Steve Jones, Paulo Morales, Kim
Nichols, Robert Ooten, Jesus Silva, Donald Wagner, Chad Wanke,
John Withers, Chad Zimmerman and Ted Lindsey (Alternate)
NOES:None
ABSENT:Johnathan Ryan Hernandez and Schelly Sustarsic (Alternate)
ABSTENTIONS:None
Alternate Director Schelly Sustarsic arrived at the meeting at approximately 5:36 p.m. during
the presentation of Item No. 10.
INFORMATION ITEMS:
10.CAPITAL IMPROVEMENT PROGRAM (CIP) PROPOSED BUDGET
FOR FY 2022-23 & 2023-24
2022-2229
Originator: Kathy Millea
Page 6 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
Engineering Manager Eros Yong provided a PowerPoint presentation regarding the
capital improvement program proposed budget for FY2022-23 and FY2023-24. The
presentation included an overview of the FY2021-22 CIP activities, performance,
10-year net outlay, the total budget authority, a review of new projects, the top budget
increases and decreases, as well as the projected FY2022-23 net CIP outlay, the
annual CIP outlay for the next 20 years, proposed construction management staff
positions. Assistant General Manager Lorenzo Tyner provided information related to
the growth of operating expenses with inflation, a budget summary, an expense
overview, projected rates and projected inflation, and an overview of annual single
family residential rates.
ITEM RECEIVED AS AN:
Information Item.
Board Vice-Chair Chad Wanke departed the meeting at approximately 5:46 p.m.
Board Chair John Withers departed the meeting at approximately 5:59 p.m.
Director Johnathan Ryan Hernandez arrived at the meeting at approximately 6:01 p.m.
11.OPERATIONS & MAINTENANCE: WASTEWATER 101 PART 2:
TREATMENT AND RECYCLING
2022-2189
Originator: Riaz Moinuddin
Plant No.1 Chief Plant Operator April Frost provided a PowerPoint presentation
regarding the Orange County Sanitation District's wastewater treatment which included
an overview of the water reclamation process, the metering and diversion structure, the
preliminary, primary, and secondary treatment process, the effectiveness of water
treatment, the solids recovery process, the dewatering operation process, information
regarding truckloading, central generation engines, a review of the evolution of ocean
discharge, agency partnerships, environmental compliance and reporting governance,
and a review of the FY2020-21 operating costs.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
Director of Engineering Kathy Millea provided a brief report on the status of the Headquarters
Complex and displayed photos of the steel being erected.
CLOSED SESSION:
None.
Page 7 of 8
OPERATIONS COMMITTEE Minutes May 4, 2022
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Vice-Chair Gallagher declared the meeting adjourned at 6:22 p.m. to the next Regular
Operations Committee meeting to be held on Wednesday, June 1, 2022 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 8 of 8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2203 Agenda Date:6/1/2022 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending March
31, 2022.
BACKGROUND
The Engineering Program involves awarding and managing many construction and consulting
contracts. In 2008, the Orange County Sanitation District (OC San) 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 March 31, 2022. 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 March 31, 2022
JM: jw
Orange County Sanitation District Printed on 5/25/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
DATE: May 5, 2022
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
Part 5 –On-Call Services Agreements page 21
Coating Inspection and Corrosion Testing Services
Surveying Services
Materials Testing, Inspection, and Other Geotechnical Testing Services
Page 1
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of March 31, 2022, 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 by plant and collections.
Two Board-awarded construction contract were closed in this quarter, as listed in Table 3.
No construction contract awarded by the General Manager was closed in this quarter, as
listed in Table 4.
Page 2
~SAN
ORANGE COUNTY SANITATION DISTRICT
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Page 3
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Page 7
-
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
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
C~SAN
ORANGE COUNTY SANITATION DISTRICT
12.00% Cumulative Change Order Rates
Closed Construction Contracts
11.00%
10.00%
9.00%
8.00%
7.00%
6.00%
5.00%
4.00%
3.00%
2.00%
N g 0 00 00 0 0 0 0
N st 0 0
<1l ~ 0 0 0
N st N g 0 0 0 0 0 ..-! ..-! ..-! 8 ..-! ..-! 0 0 0
-All
-collections
-Plant
N g N st N ~ N st N g N g 0 0 0 0 0 0 0 0 ~ N m m st .,., .,., <O <O r--r--..-! ..-t ..-! ..-! ..-! ..-! ~ ..-! ..-t ..-! ..-! 0 0 0 0 0 0 0 0 0 0 0 0
N g N g N 2; 0 0 0 00 00 ~ <1l 0 0 ..-! ..-! ..-! N N 0 0 0 0 0 0
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
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 interested 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. Task Orders are limited by OC San Ordinance No. OCSD-56 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
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u
n
t
Or
i
g
i
n
a
l
Co
n
t
i
n
g
e
n
c
y
Cu
r
r
e
n
t
Co
n
t
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n
g
e
n
c
y
Co
n
t
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n
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e
n
c
y
Us
e
d
Co
n
t
i
n
g
e
n
c
y
Re
m
a
i
n
i
n
g
2‐4
9
T
a
f
t
B
r
a
n
c
h
I
m
p
r
o
v
e
m
e
n
t
s
2‐
4
9
T
a
f
t
B
r
a
n
c
h
I
m
p
r
o
v
e
m
e
n
t
s
PD
S
A
W
o
o
d
w
a
r
d
a
n
d
C
u
r
r
a
n
02
/
0
3
/
2
0
2
1
1
0
%
$
2
,
2
0
0
,
0
0
0
$
2
6
,
0
0
0
$
2
,
2
2
6
,
0
0
0
1
0
.
0
%
1
0
.
0
%
1
.
2
%
8
.
8
%
2‐7
2
N
e
w
h
o
p
e
‐
P
l
a
c
e
n
t
i
a
T
r
u
n
k
R
e
p
l
a
c
e
m
e
n
t
2‐
7
2
N
e
w
h
o
p
e
‐
P
l
a
c
e
n
t
i
a
T
r
u
n
k
R
e
p
l
a
c
e
m
e
n
t
PC
S
A
L
e
e
&
R
o
03
/
2
3
/
2
0
1
6
9
2
%
$
3
,
2
5
3
,
9
4
6
$0
$
3
,
2
5
3
,
9
4
6
1
0
.
0
%
1
0
.
0
%
0
.
0
%
1
0
.
0
%
3‐6
2
W
e
s
t
m
i
n
s
t
e
r
B
l
v
d
F
o
r
c
e
M
a
i
n
R
e
p
l
a
c
e
m
e
n
t
3‐
6
2
W
e
s
t
m
i
n
s
t
e
r
B
l
v
d
F
o
r
c
e
M
a
i
n
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e
p
l
a
c
e
m
e
n
t
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C
S
A
S
t
a
n
t
e
c
C
o
n
s
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l
t
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n
g
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e
r
v
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c
e
s
,
I
n
c
.
1
2
/
1
8
/
2
0
1
9
3
8
%
$
1
,
1
8
3
,
0
0
0
$0
$
1
,
1
8
3
,
0
0
0
1
0
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0
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1
0
.
0
%
0
.
0
%
1
0
.
0
%
3‐6
4
R
e
h
a
b
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l
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t
a
t
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o
n
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f
W
e
s
t
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n
R
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g
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o
n
a
l
S
e
w
e
r
s
3‐
6
4
R
e
h
a
b
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l
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t
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t
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f
W
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t
e
r
n
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g
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n
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l
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s
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S
A
A
E
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e
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I
n
c
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0
1
/
2
7
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2
0
1
6
8
7
%
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1
7
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6
3
9
,
2
5
0
$
1
9
5
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8
5
0
$
1
7
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8
3
5
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1
0
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1
0
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0
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1
0
.
0
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1
.
1
%
8
.
9
%
3‐
6
4
B
L
o
s
A
l
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m
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t
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s
T
r
u
n
k
S
e
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e
r
R
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h
a
b
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l
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t
a
t
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n
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S
A
A
E
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M
T
e
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h
n
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c
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l
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e
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v
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e
s
,
I
n
c
.
0
5
/
2
6
/
2
0
2
1
1
9
%
$
6
1
0
,
0
0
0
$0
$
6
1
0
,
0
0
0
1
0
.
0
%
1
0
.
0
%
0
.
0
%
1
0
.
0
%
3‐6
7
S
e
a
l
B
e
a
c
h
P
u
m
p
S
t
a
t
i
o
n
R
e
p
l
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c
e
m
e
n
t
3‐
6
7
S
e
a
l
B
e
a
c
h
P
u
m
p
S
t
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t
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o
n
R
e
p
l
a
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m
e
n
t
PD
S
A
L
e
e
&
R
o
12
/
1
8
/
2
0
1
9
8
8
%
$
5
,
9
4
7
,
8
5
0
$
3
1
7
,
0
3
2
$
6
,
2
6
4
,
8
8
2
1
0
.
0
%
1
0
.
0
%
5
.
3
%
4
.
7
%
5‐6
7
B
a
y
B
r
i
d
g
e
P
u
m
p
S
t
a
t
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o
n
R
e
p
l
a
c
e
m
e
n
t
5‐
6
7
B
a
y
B
r
i
d
g
e
P
u
m
p
S
t
a
t
i
o
n
R
e
p
l
a
c
e
m
e
n
t
PD
S
A
A
r
c
a
d
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s
U
S
I
n
c
.
10
/
2
5
/
2
0
1
7
3
8
%
$
7
,
1
3
7
,
0
0
0
$
1
,
7
5
0
,
3
1
5
$
8
,
8
8
7
,
3
1
5
1
0
.
0
%
8
5
.
0
%
2
4
.
5
%
6
0
.
5
%
5‐6
8
N
e
w
p
o
r
t
B
e
a
c
h
P
u
m
p
S
t
a
t
i
o
n
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r
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s
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r
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t
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o
n
I
m
p
r
o
v
e
m
e
n
t
s
5‐
6
8
N
e
w
p
o
r
t
B
e
a
c
h
P
u
m
p
S
t
a
t
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o
n
P
r
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r
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t
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p
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o
v
e
m
e
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t
s
PD
S
A
D
u
d
e
k
05
/
0
6
/
2
0
2
0
7
7
%
$
5
4
2
,
9
8
8
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$
5
4
2
,
9
8
8
1
0
.
0
%
1
0
.
0
%
0
.
0
%
1
0
.
0
%
7‐6
5
G
i
s
l
e
r
‐
R
e
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H
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l
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n
t
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r
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e
p
t
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r
R
e
h
a
b
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l
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t
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t
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o
n
7‐
6
5
G
i
s
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r
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l
l
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n
t
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a
b
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l
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t
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t
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n
PD
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A
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D
M
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m
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t
h
I
n
c
.
09
/
2
3
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2
0
2
0
7
9
%
$
1
,
7
5
4
,
0
0
0
$
1
4
0
,
3
1
2
$
1
,
8
9
4
,
3
1
2
1
0
.
0
%
1
0
.
0
%
8
.
0
%
2
.
0
%
7‐6
6
S
u
n
f
l
o
w
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a
n
d
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l
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r
s
7‐
6
6
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r
s
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S
A
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D
07
/
2
8
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2
0
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1
1
9
%
$
1
6
6
,
0
0
0
$0
$
1
6
6
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0
0
0
1
0
.
0
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1
0
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0
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0
.
0
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1
0
.
0
%
7‐6
8
M
a
c
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r
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r
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e
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a
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n
I
m
p
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e
m
e
n
t
s
7‐
6
8
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a
c
A
r
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r
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r
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e
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a
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m
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t
s
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k
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n
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0
5
/
2
6
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2
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1
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0
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0
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5
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0
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0
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1
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1
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0
%
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1
1
7
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c
e
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n
O
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t
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n
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1
1
7
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O
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l
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w
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u
m
p
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t
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n
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S
A
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o
w
n
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n
d
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w
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l
12
/
1
9
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2
0
1
8
4
7
%
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8
,
5
6
3
,
9
1
3
$
6
9
2
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1
2
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9
,
2
5
6
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0
3
3
1
0
.
0
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1
0
.
0
%
8
.
1
%
1
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9
%
J‐
1
2
4
D
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g
e
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t
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G
a
s
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p
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m
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t
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1
2
4
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g
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r
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a
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t
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m
e
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t
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S
A
B
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o
w
n
a
n
d
C
a
l
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w
e
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l
11
/
1
5
/
2
0
1
7
9
5
%
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1
1
,
7
7
0
,
0
0
0
$
1
,
1
0
1
,
4
6
6
$
1
2
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8
7
1
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4
6
6
1
0
.
0
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1
0
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0
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9
.
4
%
0
.
6
%
J‐
9
8
E
l
e
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t
r
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c
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l
P
o
w
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b
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m
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9
8
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l
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l
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o
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b
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m
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D
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A
B
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w
n
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n
d
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01
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2
9
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2
0
2
0
6
1
%
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2
,
2
4
0
,
0
0
0
$
9
2
,
0
7
8
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2
,
3
3
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7
8
1
0
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0
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1
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0
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4
.
1
%
5
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9
%
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9
8
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l
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02
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2
6
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8
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2
9
6
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8
7
8
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1
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9
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8
7
8
1
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0
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1
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0
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1
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0
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F
R
‐
8
3
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a
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1
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0
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7
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n
t
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.
1
PS
A
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h
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c
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0
1
/
1
5
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2
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9
%
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*
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8
1
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3
5
1
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8
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3
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1
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0
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0
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0
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m
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1
7
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0
3
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o
.
2
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n
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0
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9
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6
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2
8
6
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1
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7
8
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1
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1
.
4
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8
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6
%
PS
1
8
‐
0
9
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c
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n
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t
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St
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d
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a
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s
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n
c
.
03
/
2
5
/
2
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2
0
0
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7
4
4
,
0
0
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$
8
8
5
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6
6
1
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3
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6
2
9
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6
6
1
1
0
.
0
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4
0
.
0
%
3
2
.
3
%
7
.
7
%
P1
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Page 10
En
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Page 11
En
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Page 12
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Page 13
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2020-21 and 2021-22 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
PS17‐03 Active Fault Location Study at Plant No. 2 Active 1,300,000$
PS18‐06 Go/No‐Go Lights and Signage Active 495,000$
PS18‐09 Ocean Outfall Condition Assessment and Scoping Study Active 4,205,117$
PS19‐03 Laboratory Rehabilitation Feasibility Study Active 450,000$
PS20‐01 Collections Yard Relocation Feasibility Study Active 375,000$
PS20‐02 Collection System Flow Level Monitoring Study Active 743,218$
PS20‐03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active 383,682$
PS20‐04 Power Generation Overhaul Feasibility Study Active 320,000$
PS20‐05 Cen Gen Pressure Vessel Integrity Assessment at Plant Nos. 1and 2 Active 400,000$
PS20‐07 College Pump Station Wet Well Condition Assessment Study Active 365,000$
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$
PS21‐01 Exterior Lighting Study at Plant Nos. 1 and 2 Active 550,000$
PS21‐03 Process Model for Denitrification Alternatives at Activated Sludge 1 Active 47,500$
PS21‐04 Energy and Digester Gas Master Plan Active 1,102,000$
Grand Total 12,136,517$
Number of Chartered Projects 15
Board Approved Program Budget 28,652,000$
Remaining Unallocated Budget 16,515,483$
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
Table 7 ‐ Planning Studies Status Report
Page 15
Project Number Project Name Status Allocated Budget
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$
RE21‐01 Supercritical Water Oxidation Demonstration at Plant No. 1 Active 6,890,000$
Grand Total 7,665,849$
Number of Chartered Projects 6
Board Approved Program Budget 8,500,000$
Remaining Unallocated Budget 834,151$
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
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$
FE17‐03 Battery Storage System at Plant No. 1 Active 650,000$
FE17‐05 Plant 1 ICS Network Extension Active 1,050,000$
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 Active 1,150,000$
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 605,000$
FE18‐12 Erosion Control at Santa Ana River and Hamilton Ave Active 445,000$
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 Active 3,470,000$
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 560,000$
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 Active 592,000$
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active 1,188,000$
FE18‐20 DAFT Air Compressors Replacement at Plant No. 1 Active 1,360,000$
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 2,900,000$
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 1,200,000$
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 560,000$
FE19‐13 VFD Replacements at Seal Beach Pump Station Active 520,000$
FE20‐01 Wastehauler Station Safety and Security Improvements Active 1,510,000$
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$
FE21‐01 Plasma Cutting Fume Extractor installation at Plant No. 1 Rebuild Shop Active 277,000$
FE21‐02 Lighting Improvements Boiler and Sludge Dewatering Areas at Plant No. 1 Active 320,000$
FE21‐04 Thickening and Dewatering Facility Handrail Installation at Plant No. 1 Active 230,000$
Grand Total 57,829,000$
Number of Chartered Projects 37
Board Approved Program Budget 90,000,000$
Remaining Unallocated Budget 32,171,000$
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
Table 9 ‐ Small Construction Projects Program Status Report
Page 17
Project Number Project Name Status Allocated Budget
IT18‐09 Records Management Information System Active 246,215$
IT19‐01 IT Safety VPP Systems (IT19‐01)Active 210,000$
IT19‐05 IT P1 & P2 Data Refresh (IT19‐05)Active 1,200,000$
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 797,000$
IT20‐10 Digitize Quality Assurance Tracking Processes /TNI/ELAP StandardsICE‐76_IT20‐10) 6520010 Active 145,700$
IT20‐12 Web‐based Cloud Proxy Security with an Isolation Platform (ICE‐78_6520012)Active 50,000$
IT21‐01 Access Network Equipment Obsolescence Replacement (ICE‐79_IT21‐01) 6521001 Active 1,249,500$
IT21‐02 Hyper Converged Infrastructure for Plant 1 ICS network (ICE‐80 IT21‐02) 6521002 Active 610,000$
IT21‐03 Door Access Control System for P2 Construction Management Trailers (ICE‐83_IT21‐036521003 Active 79,706$
IT21‐04 Databridge Scale Management Software (ICE ‐ 84_IT21‐04)Active 39,263$
Grand Total 5,297,384$
Number of Chartered Projects 14
Board Approved Program Budget 10,000,000$
Remaining Unallocated Budget 4,702,616$
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
Table 10 ‐ Information Technology Capital Program Status Report
Page 18
Project Number Project Name Status Allocated Budget
SC19‐03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No. 2 Active 890,000$
SC19‐06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active 1,600,000$
SC20‐02 Ocean Outfall Booster Station Elevator Rehabilitation Active 410,000$
Grand Total 2,900,000$
Number of Chartered Projects 3
Board Approved Program Budget 15,622,000$
Remaining Unallocated Budget 12,722,000$
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
Table 11 ‐ Operations & Maintenance Capital Program Status Report
Page 19
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
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 $28,862,907 70% 68 months 79%
Remaining $12,137,093 30% 18 months 21%
(1) Assuming one more 1‐year extension
Table 13 ‐ Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 9,621 210,607
Full Time Equivalents 21.4 20.6
Labor Costs (no expenses) $1,535,350 $28,181,186
Average Hourly Rate $160 $134
This existing contract can be extended through June 2023. Staff will be requesting
Board approval of two new supplemental engineering services agreements on April 27,
2022. All new resource requests will utilize these two new agreements, while the
existing resource requests will either be completed prior under the existing contract or
transferred some time in the next year to the new contracts.
Page 20
C~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program
Contract Performance Report
For the Period Ending March 31, 2022
PART 5 – ON-CALL SERVICES AGREEMENTS
OC San uses three sets of on-call services agreements for Coating inspection and
corrosion testing; surveying; and materials testing, inspection, and other geotechnical
testing. Services are typically requested by inspection supervisors as needs arise, and
the work is generally spread among the available firms.
Table 14 lists the contract limits and funds expended to date for each of the agreements
which became effective in May 2019 and expired on April 30, 2022. The contract limit for
Ninyo & Moore was increased from $300,000 to $600,000 in April 2020 because that firm
was conducting all the associated testing for Newhope-Placentia Trunk Sewer
Replacement Project, Project No. 2-72 B&C, and the original contract limit was not
adequate. For each of these services, OC San typically uses a single firm for a particular
construction contract.
Three new sets of contracts were approved by the Board on March 23, 2022 and expire
on April 30, 2025. The status of those contracts will be included in the next quarterly
report.
Page 21
~SAN
ORANGE COUNTY SANITATION DISTRICT
Engineering Program Contract Performance Report
for Quarter Ending 3/31/2022
Table 14 ‐ On‐Call Services Agreements Status Report
Consultant Contract
Limit
Total Costs
Incurred
Coating Inspection and Corrosion Testing Services (PSA2019‐001)
On‐Site Technical Services, Inc. $200,000 $158,809
Corrpro Companies, Inc. $200,000 $18,400
CSI Services, Inc. $200,000 $77,974
Surveying Services (PSA2019‐002)
Michael Baker International, Inc. $200,000 $170,422
Stantec Consulting Services, Inc. $200,000 $98,237
D. Woolley & Associates $200,000 $71,261
Bush and Associates, Inc. $200,000 $10,846
Cannon Corporation $200,000 $109,438
Materials Testing, Inspection, & Geotech Testing Services (PSA2019‐003)
Ninyo & Moore $600,000 $560,955
Atlas Technical Consultants $300,000 $169,282
Koury Engineering and Testing, Inc.$300,000 $167,075
Page 22
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2262 Agenda Date:6/1/2022 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD, PROJECT NO. FR1-
0012
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Building B Floor Replacement, Jib
Crane and Forklift Pad, Project No. FR1-0012;
B. Award a Construction Contract to Vicon Enterprise for Building B Floor Replacement, Jib
Crane and Forklift Pad, Project No. FR1-0012 for an amount not to exceed $220,000; and
C. Approve a contingency of $22,000 (10%).
BACKGROUND
Orange County Sanitation District’s (OC San) Maintenance Division uses Building B at Plant No. 1 as
a Rebuild Shop for repairs of heavy equipment, welding, and fabrication of new equipment and parts.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Provide a safe and collegial workplace
PROBLEM
Approximately 25% of the flooring in Building B has a 3-inch-thick layer of wood flooring inset into the
concrete base slab. The wood pieces have shrunk with age and are broken at various locations
causing safety concerns. The wood also contains creosote which poses a health hazard.
Working on heavy equipment sometimes requires a crane to lift loads up to 1,000 pounds, which is
greater than the crane’s available load in the building. The weight of a forklift used to move
equipment and materials has damaged the asphalt where it is parked just outside the building.
Orange County Sanitation District Printed on 5/25/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2262 Agenda Date:6/1/2022 Agenda Item No:3.
PROPOSED SOLUTION
Award a construction contract for Building B Floor Replacement,Jib Crane and Forklift Pad,Project
No.FR1-0012.This project will replace the wood flooring with concrete,install a base for a heavy jib
crane, and install a concrete slab where the forklift is parked.
TIMING CONCERNS
The problems that the project will be addressing will continue until the work is completed.
RAMIFICATIONS OF NOT TAKING ACTION
If the Project does not proceed,the Rebuild Shop functionality will be limited,and the work
environment will continue to be vulnerable to potential health and safety issues.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Building B Floor Replacement,Jib Crane and Forklift Pad,Project No.Project No.
FR1-0012 for bids on March 8,2022 and three sealed bids were received.A summary of the bid
opening follows:
Engineer’s Estimate $ 102,000
Bidder Amount of Bid
IE General Engineering Inc.$98,000
Vicon Enterprise $220,000
Tharsos Inc $222,844
The bids were evaluated in accordance with the OC San’s policies and procedures.During the bid
evaluation process,the apparent low bidder,IE General Engineering Inc.,was non-responsive as
they did not submit required OSHA logs and safety documentation and did not respond to multiple
emails and phone calls.The next lowest bidder,Vicon Enterprise,was found responsive and
responsible.
Staff had reviewed the plan holder list prior to bid opening and had expected five or six bids,so
competitive bids were expected.
The two responsive bids were more than twice the Engineer’s estimate.Using additional bid
information Vicon Enterprise provided to OC San,staff found items that had been missed or
underestimated in the Engineer’s estimate.These included underestimated costs for certain specific
items and a missed cost for the wood flooring removal.Work restrictions specified to protect
equipment and activities in the building may have increased indirect costs by extending the time
required to complete the work.The fact that the two valid bids were so close suggests that the price
is fair and reasonable for the work involved.
Orange County Sanitation District Printed on 5/25/2022Page 2 of 3
powered by Legistar™
File #:2022-2262 Agenda Date:6/1/2022 Agenda Item No:3.
OC San staff recommends awarding a Construction Contract to the lowest responsive and
responsible bidder, Vicon Enterprise, for a total amount not to exceed $220,000.
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 is
budgeted in the Budget Update FY 2022-2023,Operations and Maintenance Department,Repairs
and Maintenance, Page 45, and the available funding is sufficient for this 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
DD: jw
Orange County Sanitation District Printed on 5/25/2022Page 3 of 3
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C-CA-010422
PART A
CONTRACT AGREEMENT
C-CA-010422
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ....................................................................................... 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 22
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 23
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-010422 PROJECT NO. FR1-0012 BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FR1-0012
BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD
THIS AGREEMENT is made and entered into, to be effective, this June 22, 2022, by and
between Vicon Enterprise, hereinafter referred to as “CONTRACTOR” and the Orange County
Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
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shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FR1-0012
BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD
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SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FR1-0012
BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within one hundred eighty (180) calendar days from
the date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or authorized
by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes five (5) calendar days determined by OC SAN
likely to be inclement weather when CONTRACTOR will be unable to work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
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and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents,
OC SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
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SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of Two Hundred Twenty Thousand Dollars
($220,000) as itemized on the attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements, and General Conditions (including but
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not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions, “Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
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SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
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public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
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(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
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Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
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obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
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employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OC SAN in connection with the planning, development and construction of the Project.
In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages,
if applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Two Million
Dollars ($2,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
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extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of automobile
liability insurance on a comprehensive form covering all owned, non-owned, and
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hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage: combined single limit of One Million Dollars ($1,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OC SAN.
At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants,
and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
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C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
writing of any change in the terms of insurance, including reduction in coverage or
increase in deductible/SIR, within two (2) working days of receipt of such notice or
knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
general liability insurance and automobile liability insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
consultants, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OC SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, certificate of liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OC SAN with the above
referenced required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent
certificate of insurance form
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG 00 01
b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN
may reject alternatives that provide different or less coverage to OC SAN. c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation
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3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN
approval.
b. Cancellation Notice No endorsement is required. However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above.
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OC SAN for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OC SAN, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
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SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
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SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard, Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Vicon Enterprise 5433 E Spyglass Way Anaheim, CA 92807
Copy to: Telvis Artis, President Vicon Enterprise 5433 E Spyglass Way Anaheim, CA 92807
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Vicon Enterprise
5433 E Spyglass Way
Anaheim, CA 92807
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 1079004 (Expiration Date 07/31/2023)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
John B. Withers Board Chairman
By______________________________ Date _________________
Kelly A. Lore Clerk of the Board By______________________________ Date _________________ Ruth Zintzun Purchasing & Contracts Manager
C-EXA-062221
EXHIBIT A SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
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EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-062221 PROJECT NO. FR1-0012 BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD CONFORMED Page 5 of 8
acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and
agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to
resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that previously accepted;
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2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
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ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
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ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Vicon Enterprise BF-14 SCHEDULE OF PRICES, Pages 1 – 2
BF-14 SCHEDULE OF PRICES C-BF-010422PROJECT NO. FR1-0012 BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD
Page 1 of 2
Bid Submitted By: _______________________________________
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A.General
For Unit Prices, it is understood that the following quantities are approximate only and aresolely 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 bemore 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 attime of award, plus any additional or deleted costs approved by OC SAN via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorizedrepresentative 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 itemmultiplied by the quantity; and the correct Total Price for each item shall be totaled todetermine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costsand 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. Allapplicable 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 LOWESTRESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment andservices for the construction of the Project per the Contract Documents.
Vicon Enterprise
BF-14 SCHEDULE OF PRICES C-BF-010422PROJECT NO. FR1-0012 BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT PAD
Page 2 of 2
Bid Submitted By: ______________________________________
(Name of Firm)
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No. Description Unit of Measurement 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 $ 15,000
2. Permits: Allowance for permits, City of Fountain Valley inspection and other fees and charges required to complete the Work, in conformance with the Contract Documents.
Allowance $ 5,000
3. Completion of Work: Furnish all labor, materials and
equipment necessary for the completion of the Contract Work, except for the Work specified for Bid Items 1 and 2, in conformance with the Contract Documents, for a lump sum price of…
Lump Sum $
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
Vicon Enterprise
200,000.00
220,000.00
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2309 Agenda Date:6/1/2022 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
PLANT NO. 2 TRICKLING FILTER “A” ROTARY DISTRIBUTOR MAST REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order Contract to Ovivo USA, LLC (Ovivo) for a direct
replacement Center Mast assembly for the Plant No. 2 Trickling Filter “A” solids contact,
Secondary Treatment, in an amount not to exceed $461,500, plus applicable sales tax and
shipping; and
B. Approve a contingency of $46,150 (10%).
BACKGROUND
The Orange County Sanitation District (OC San) Trickling Filters at Plant No. 2 consist of three 150-
foot diameter. This Trickling Filter process provides secondary treatment rated at 60 MGD average
during dry weather and approximately 182 MGD during peak wet weather capacities. The trickling
filters are engineered to remove the organic content in wastewater utilizing micro-organisms living on
the filter media. Each trickling filter is equipped with a motor-operated rotary distributor assembly to
uniformly distribute the primary treated flow over the media.
RELEVANT STANDARDS
·Commitment to safety and reducing risk in all operations
·Maintain a proactive asset management program
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
During scheduled repair activities on the Trickling Filter A rotating gear mechanism, significant
damage was found with the Trickling Filter A rotary distributor arm assembly. Trickling Filter A is not
available to provide treatment until these structural failures are addressed.
Orange County Sanitation District Printed on 5/25/2022Page 1 of 2
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2309 Agenda Date:6/1/2022 Agenda Item No:4.
PROPOSED SOLUTION
Staff recommends a sole source purchase order contract to replace the Trickling Filter A Center Mast
Assembly by the original equipment manufacturer (OEM), Ovivo.
TIMING CONCERNS
The Trickling Filters at Plant No.2 are critical assets that support secondary treatment requirements.
With Trickling Filter A not available,there exists significant risk of not being able to provide the
required secondary treatment at the Plant No.2 trickling filter secondary process.In addition,this
trickling filter process will provide all the secondary treatment for the Ground Water Replenishment
System when the final expansion project comes on-line in early 2023.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to act increases the risk to provide required secondary treatment at the Plant No.2 trickling
filter process.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Ovivo is the Board of Directors Approved OEM for Plant No. 2 Trickling Filter parts and repairs.
A 10%contingency is requested due to potential delays due to additional unforeseen repairs that
may become known.The center mast is covered by the hard filter media so that only the top portion
is visible.The exact cause of the failure is not known.Additional repairs may be needed once the
mast assembly has been removed and further assessments made,which cannot be performed until
the filter media is removed.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted in the Adopted Budget Update Fiscal Year 2021-2022,Plant No.2 Maintenance,Page 44
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:
N/A
Orange County Sanitation District Printed on 5/25/2022Page 2 of 2
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2321 Agenda Date:6/1/2022 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL GENERATION FACILITIES'
CARBON MEDIA CHANGE-OUT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Carbon Bulk Sales LLC to install and dispose of activated
carbon media for Plant Nos. 1 and 2 Cen-Gen Facilities, Specification No. S-2022-1289BD, for
a total amount not to exceed $420,972 for the period beginning July 1, 2022 through June 30,
2023, with four (4) one-year renewal options; and
B. Approve an annual contingency of $42,097 (10%).
BACKGROUND
Orange County Sanitation District (OC San) Plant Nos. 1 and 2 Cen-Gen facilities use granular
activated carbon to remove siloxane, volatile organic carbon (VOC), and sulfur compounds from
digester gas. Removal of these constituents is necessary to meet air compliance standards and
maintenance requirements. Specifically, failure to remove these compounds will damage both the
reductive and oxidation catalysts necessary to control engine emissions.
Two vessels are used in series at Plant No. 1 and three vessels are used at Plant No. 2. The first
vessel is the primary tank for roughing and the second vessel is for polishing the residual compounds
from the biogas. The third vessel at Plant No. 2 is a standby vessel. Each vessel has three layers of
activated carbon media with different specifications recommended by the system manufacturer to
remove targeted components from biogas.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·24/7/365 treatment plant reliability
·Protect OC San assets
Orange County Sanitation District Printed on 5/25/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2321 Agenda Date:6/1/2022 Agenda Item No:5.
PROBLEM
The granular activated carbon removes targeted contaminants from digester gas before utilizing the
gas for combustion in the Cen-Gen facilities.The carbon media has a limited capacity to absorb the
contaminants.When the carbon material is fully consumed,the medium is exhausted and must be
replaced to comply with the AQMD facility permits and operational requirements.
PROPOSED SOLUTION
Staff recommends approving a Service Contract with Carbon Bulk Sales LLC to replace the carbon
media utilized to clean digester gas at Plant Nos.1 and 2 Cen-Gen facilities.
TIMING CONCERNS
With the exhaustion of the carbon media in the biogas cleaning system,siloxane,and hydrogen
sulfide break-through will occur,and the Cen-Gen facilities will not be able to meet air quality permit
requirements when using biogas.
RAMIFICATIONS OF NOT TAKING ACTION
The inability to clean digester gas will result in the inability to meet AQMD air permit requirements
using digester gas at both Central Generation Plants. Digester gas will be flared at both plants.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Staff developed a scope of work and invited vendors to submit bids.Three bids were received,as
listed below.
Company Bid Amount
(include tax)
Comments
Carbon Bulk Sales LLC $420,972 Bid Award - Responsive
Carbon Activated Corp.$476,746 Non-Responsive
Advanced Chemical Transport, Inc.$766,140 Responsive
Staff has identified Carbon Bulk Sales LLC as the lowest responsive and responsible bidder.
CEQA
N/A
Orange County Sanitation District Printed on 5/25/2022Page 2 of 3
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File #:2022-2321 Agenda Date:6/1/2022 Agenda Item No:5.
FINANCIAL CONSIDERATIONS
This request complies with OC San's Purchasing Ordinance authority levels.This item has been
budgeted in the FY 2021-22 Budget, Divisions 830 and 840, line item 65 Operating Budget.
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
RS:cf
Orange County Sanitation District Printed on 5/25/2022Page 3 of 3
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General Services Contract 1 of 10 Specification No. S-2022-1289BD Revision 022822
GENERAL SERVICES CONTRACT Installation and Disposal of Activated Carbon for P1 & P2 Co-Gen Facilities Specification No. S-2022-1289BD This GENERAL SERVICES CONTRACT (hereinafter referred to as “Contract”), is made and entered into as of the date fully executed below, by and between Orange County Sanitation District (hereinafter referred to as “OC San”) and Carbon Bulk Sales LLC (hereinafter referred to as
“Contractor”), and collectively referred to herein as the “Parties.” R E C I T A L S WHEREAS, OC San desires the Installation and Disposal of Activated Carbon for P1 & P2 Co-Gen Facilities as described in Exhibit “A” attached hereto and incorporated herein by this reference
(“Services”); and
WHEREAS, Contractor is qualified to perform the Services by virtue of experience, training, and expertise; and WHEREAS, OC San desires to engage Contractor to render the Services as provided herein; and WHEREAS, OC San selected Contractor to perform the Services in accordance with Ordinance No.
OC SAN-56; and WHEREAS, on June 22, 2022, OC San’s Board of Directors, by minute order, authorized execution of this Contract. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and benefits
specified below, the Parties agree as follows: 1. General. 1.1 This Contract and all exhibits hereto are made by OC San and the Contractor. 1.2 The following exhibits, in order of precedence, are incorporated by reference and made part of this Contract.
Exhibit “A” – Scope of Work Exhibit “B” – Bid Exhibit “C” – Determined Insurance Requirement Form
Exhibit “D” – Contractor Safety Standards Exhibit “E” – Human Resources Policies
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions in the Contract shall control and thereafter the provisions in the document highest in precedence shall be controlling.
1.4 Except as expressly provided otherwise, OC San accepts no liability for any expenses, losses, or actions incurred or undertaken by Contractor as a result of work performed in
anticipation of purchases of the Services by OC San. 1.5 Work Hours: All work shall be scheduled Monday through Thursday, between the hours of 7:00 a.m. and 4:00 p.m.
General Services Contract 2 of 10 Specification No. S-2022-1289BD Revision 022822
1.6 Days: Shall mean calendar days, unless otherwise noted.
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 provisions of this Contract may be amended or waived only by an amendment
executed by authorized representatives of both Parties. 1.9 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. 2. Scope of Work. 2.1 Contractor shall perform the Services identified in Exhibit “A” in accordance with generally accepted industry and professional standards. 2.2 Modifications to Scope of Work. OC San shall have the right to modify the Scope of Work at any time. All modifications must be made by an amendment signed by both Parties. 2.3 Product Availability. In the event the specified product becomes unavailable for any reason, including but not limited to supply chain issues, OC San reserves the right to
negotiate pricing with the Contractor, for a substitute product acceptable to OC San. 2.4 Familiarity with Work. By executing this Contract, Contractor warrants that: (a) it has
investigated the work to be performed; and (b) it understands the facilities, difficulties, and restrictions of the work under this Contract. Should Contractor discover any latent or unknown condition 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. 2.5 Performance. Time is of the essence in the performance of the provisions hereof. 3. Contract Term. 3.1 The term of this Contract shall be for one (1) year commencing on July 1, 2022 and continuing through June 30, 2023. 3.2 Renewals. At its sole discretion, OC San may exercise the option to renew this Contract for up to four (4) one-year periods. This Contract may be renewed by an OC San
Purchase Order. OC San shall have no obligation to renew the Contract nor to give a reason if it elects not to renew it.
3.3 Extensions. The term of this Contract may be extended only by an amendment signed by both Parties. 4. Compensation. 4.1 As compensation for the Services provided under this Contract, OC San shall pay Contractor a total amount not to exceed Four Hundred Twenty Thousand, Nine Hundred
Seventy-two Dollars ($420,972.00). 4.2 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the amount specified above.
General Services Contract 3 of 10 Specification No. S-2022-1289BD Revision 022822
5. Payments and Invoicing.
5.1 OC San shall pay itemized invoices for work completed in accordance with Exhibit “A”, at
the prices identified in Exhibit “B”, thirty (30) days from receipt of the invoice and after approval by OC San’s Project Manager or designee. OC San shall be the determining
party, in its sole discretion, as to whether the Services have been satisfactorily completed. 5.2 Contractor shall submit its invoices to OC San Accounts Payable by electronic mail to
APStaff@OCSan.gov. In the subject line include “INVOICE” and the Purchase Order Number. 6. California Department of Industrial Relations Registration and Record of Wages. 6.1 Pursuant to Labor Code sections 1720 et seq., and as specified in Title 8, California Code of Regulations section 16000, prevailing wages are required to be paid for all work under this Contract. It is Contractor’s responsibility to interpret and implement any prevailing wage requirements and Contractor agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. 6.2 Contractor and its subcontractors shall comply with the registration requirements of Labor Code section 1725.5. Pursuant to Labor Code section 1771.4(a)(1), the work is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (DIR).
6.3 Pursuant to Labor Code section 1773.2, a copy of the prevailing rate of per diem wages is available upon request at OC San’s principal office. The prevailing rate of per diem
wages may also be found at the DIR website for prevailing wage determinations at http://www.dir.ca.gov/DLSR/PWD.
6.4 Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations section 16461(e). Pursuant to Labor Code sections 1773.2 and 1771.4(a)(2), Contractor shall post a copy of the prevailing rate of per diem wages at the job site. 6.5 Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code section 1776. Contractor and its subcontractors shall submit payroll records to the Labor Commissioner pursuant to Labor Code section 1771.4(a)(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 the
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. Pursuant to Labor Code section 1776(h),
penalties for non-compliance with a request for payroll records may be deducted from progress payments.
6.5.1 As a condition to receiving payments, Contractor agrees to present to OC San, along with any request for payment, all applicable and necessary certified payrolls and other required documents for the period covering such payment request.
Pursuant to Title 8, California Code of Regulations section 16463, OC San shall withhold any portion of a payment, up to and including the entire payment amount, until certified payroll forms and any other required documents are properly submitted. In the event certified payroll forms do not comply with the
General Services Contract 4 of 10 Specification No. S-2022-1289BD Revision 022822
requirements of Labor Code section 1776, OC San may continue to withhold
sufficient funds to cover estimated wages and penalties under the Contract. 6.6 The Contractor and its subcontractors shall comply with Labor Code section 1774 and
section 1775. Pursuant to Labor Code section 1775, the Contractor and any of its subcontractors shall forfeit to OC San a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the
prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any work. 6.6.1 In addition to the penalty and pursuant to Labor Code section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or its subcontractor.
6.7 Contractor and its subcontractors shall comply with Labor Code sections 1810 through 1815. Contractor and its subcontractors shall restrict working hours to eight (8) hours per day and forty (40) hours per week, except that work performed in excess of those limits shall be permitted upon compensation for all excess hours worked at not less than one and one-half (1.5) times the basic rate of pay, as provided in Labor Code section 1815. The Contractor shall forfeit, as a penalty to OC San, twenty-five dollars ($25) per worker per calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of Labor Code sections 1810 through 1815.
6.8 Contractor and its subcontractors shall comply with Labor Code sections 1777.5,
1777.6, and 1777.7 concerning the employment of apprentices by Contractor or any
subcontractor. 6.9 Contractor shall include, at a minimum, a copy of the following provisions in any contract it enters into with any subcontractor: Labor Code sections 1771, 1771.1, 1775, 1776, 1777.5, 1810, 1813, 1815, 1860, and 1861. 6.10 Pursuant to Labor Code sections 1860 and 3700, the Contractor and its subcontractors will be required to secure the payment of compensation to employees. Pursuant to Labor
Code section 1861, Contractor, by accepting this contract, certifies that:
“I am aware of the provisions of section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the
work of this contract.” Contractor shall ensure that all its contracts with its subcontractors provide the provision above. 7. Damage to OC San’s Property. Any of OC San’s property damaged by Contractor, any
subcontractor, or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San.
General Services Contract 5 of 10 Specification No. S-2022-1289BD Revision 022822
8. 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. 9. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three (3) years after its expiration or 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. 10. 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, the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor, its subcontractors, and all of their employees shall adhere to the safety requirements in Exhibit
“A,” all applicable Contractor Safety Standards in Exhibit “D,” and the Human Resources Policies in Exhibit “E.” 11. Insurance. Contractor and all its subcontractors shall purchase and maintain, throughout the term of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Exhibit “C” – Determined Insurance Requirement Form. 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 obtain and maintain the required insurance coverage shall result in termination of this Contract.
12. Bonds. Not used. 13. 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 may 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 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 loss, damage, or injury. Contractor agrees to provide this defense
General Services Contract 6 of 10 Specification No. S-2022-1289BD Revision 022822
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 Contract. 14. Independent Contractor. The 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. 15. 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. 16. Disclosure. Contractor agrees not to disclose, to any third party, data or information generated from this Contract without the prior written consent from OC San. 17. 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 under the terms of this Contract. 18. Third-Party Rights. Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OC San and Contractor. 19. 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 OC San harmless from any and all damages and liabilities assessed against OC San as a result of Contractor’s noncompliance therewith. Any provision required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically included or referenced. 20. 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 provide the Services. 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 this Contract will be paid by Contractor.
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 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. South Coast Air Quality Management District’s Requirements. It is Contractor’s responsibility to ensure that all equipment furnished and installed be in accordance with the
General Services Contract 7 of 10 Specification No. S-2022-1289BD Revision 022822
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 SCAQMD.
24. Warranties. In addition to the warranties stated in Exhibit “A,” the following shall apply: 24.1 Manufacturer’s standard warranty shall apply. All manufacturer warranties shall
commence on the date of acceptance by the OC San Project Manager or designee of the work as complete. 24.2 Contractor’s Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit “A,” OC San informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OC San and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor’s sole expense. 25. Dispute Resolution. 25.1 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. 25.2 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 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 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. 26. Liquidated Damages. Not used.
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 (a) cancel the Contract; (b) recover whatever amount of the purchase price OC San has paid, and/or (c) “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
(c), 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.
General Services Contract 8 of 10 Specification No. S-2022-1289BD Revision 022822
28. 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 the affected 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 of the Parties.
29. Termination. 29.1 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. 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) through 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 through the date of termination. 29.2 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 for any other default of this Contract. 29.3 OC San may also immediately terminate this Contract for default, 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 the total amount of compensation exceeds the amount authorized under this
Contract. 29.4 All OC San’s property in the possession or control of Contractor shall be returned by Contractor to OC San on demand or at the expiration or early termination of this Contract, whichever occurs first. 30. 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 the prevailing party may be entitled.
31. Waiver. The waiver by 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.
32. Severability. If any section, subsection, or provision of this Contract; or any agreement or instrument contemplated hereby; or the application of such section, subsection, or provision is
held invalid, the remainder of this Contract or instrument in the application of such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to substantially frustrate the expectations of the Parties.
General Services Contract 9 of 10 Specification No. S-2022-1289BD Revision 022822
33. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum
for enforcement shall survive expiration or early termination of this Contract. 34. 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. 35. Notices. 35.1 All notices under this Contract must be in writing. Written notice shall be delivered by personal service, by electronic telecommunication, 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: Darius Ghazi Senior Buyer Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, CA 92708 dghazi@ocsan.gov
Contractor: Joseph Hunter Account Manager Carbon Bulk Sales LLC
1781 Kaiser Avenue Irvine, CA 92614 jhunter@carbonbulksales.com 35.2 Each party shall provide the other party written notice of any change in address as soon as practicable. 36. Read and Understood. By signing this Contract, Contractor represents that it has read and understood the terms and conditions of the Contract. 37. 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.
38. Entire Agreement. This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral communications and all contemporaneous oral agreements, understandings, and negotiations between the Parties with respect to the subject matter
hereof.
General Services Contract 10 of 10 Specification No. S-2022-1289BD Revision 022822
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by their 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 CARBON BULK SALES LLC
Dated: _________________ By: Print Name and Title of Officer CMM
EXHIBIT “A” Specification No. S-2022-1289BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT A Page 1 of 3 Specification No. S-2022-1289BD
EXHIBIT A SCOPE OF WORK Installation and Disposal of Activated Carbon for P1&P2 Co-Gen Facilities Specification No. S-2022-1289BD
A. PURPOSE
This scope of work describes the materials, and installation and disposal requirements for one change out of the digester gas fuel filter system media located at the Orange County Sanitation District’s (OC San) Plant No. 1 (10844 Ellis Ave. Fountain Valley, CA) & Plant No. 2 (22212 Brookhurst, Huntington
Beach, CA). Services are to be performed up to twelve (12) times per year.
Plant No. 1 gas cleaning system consists of two (2) vessels. The vessels normally operate in series (primary vessel and polisher vessel). Plant No. 2 gas cleaning system consists of three (3) vessels. Two vessels normally operate in series (primary vessel and polisher vessel), and the third vessel is a standby vessel Appendix A includes the system pictures and Appendix B has the system drawings.
B. SCOPE OF WORK
The change out of filter media will occur as soon as possible after contract award. The Contractor shall be responsible for providing a Certificate of Analysis for the
carbon prior to installation. The delivery process shall include the following steps:
1. Delivery of the media to the OC San plant 2. Purging the storage vessel with nitrogen prior to opening 3. Removal of the existing spent media with vacuum truck 4. Installation of the new media in order as specified below
5. Resealing of vessel, purging of the vessel with Nitrogen, and checking for leaks 6. Inspect and replace tank gasket, as needed.
7. Testing of the spent media for suitability for transport and disposal (if required by Contractor) 8. Removal and disposal of spent media
The Contractor is required to equip their worksite staff with the following safety equipment:
1. One keyed lock per employee
2 Hard hat 3. Safety Glasses
4. Steel Toed Shoes
5. Hand protection
6. Safety Vest
7. Full Body Harness 8. Proper length Lanyard
9. 4-gas personal monitors
The Contractor is also required to provide the nitrogen required for purging the Carbon vessel, a vacuum truck capable of holding all 9900lbs, a man lift and a
EXHIBIT A Page 2 of 3 Specification No. S-2022-1289BD
forklift to facilitate the work. The equipment shall be on site prior to the start of work. The Contractor shall coordinate the schedule and the work with OC San
and shall make every effort to minimize the total time for the change out. C. THE ORDER OF INSTALL FOR EACH VESSEL WILL BE AS FOLLOWS:
1. 80, 4mm will be on the bottom of the vessel 2. 70, 4x8 Coconut shell will be in the center of the vessel 3. 70, 4mm will be the top layer of the vessel
D. FILTER MATERIAL FOR EACH VESSEL SHALL BE: 1. 3300 pounds of 4mm pelletized 70 CTC Virgin based Coal based activated carbon (Top) 2. 3300 pounds of 4x8 70 CTC Virgin based Coconut shell activated carbon
(Middle) 3. 3300 pounds of 4mm pelletized 80 CTC Virgin based Coal based activated carbon (Bottom)
It shall have the following physical properties:
1. Carbon Tetrachloride Active (ASTM D3467) 70-80% min. (as noted above) 2. Density (ASTM D2854) 0.5 ± 0.03 g/cc 3. Moisture Content (ASTM D2867) 2-5% 4. Ash (ASTM D2866) 12% max
5. Hardness (ASTM D3802) 87-90 minimum 6. Mesh size (4mm and 4X8 as noted above) The filter media shall be clean and free from all dirt, wood, plastic particulate matter or foreign substances. The Certificate of Analysis from an independent laboratory indicating above physical properties as well as Material Safety Data
Sheet (MSDS) sheet must be submitted with the bill of lading. The Certificate of Analysis shall contain the analysis date, Bill of Lading number, and above properties. The Carbon Tetrachloride Activity Test may be replaced by Butane Activity Test (ASTM D5742) by the certified laboratory. Analysis of product samples and product troubleshooting analysis are the responsibility of the
Contractor. OC San reserves the right to verify product quality using the methods above, as needed, at the Contractor’s expense. OC San may reject any delivery of the filter material which does not meet the product specifications. The Contractor shall remove the rejected material
immediately following telephone notification. The Contractor shall replace the volume of removed material immediately.
EXHIBIT A Page 3 of 3 Specification No. S-2022-1289BD
E. STAFF ASSISTANCE
An OC San Project Manager will be assigned to work with the Contractor for this
project. All work will be scheduled through the Project Manager or a designee.
Appendix “A”
Plant 1 - Gas Cleaning System
T1INI<
I
POLISHING
T1\NK
2
PRIMARY
I
. -NO-
.' SMOKING :
Plant 2 - Gas Cleaning System
'
-
I I I
111 I
AIIGNY.lS
,...
PRIMARY
POLI SHING
Appendix “B”
96.00
SSL
TYP.
0 FF ELE.
139.50
181.56
9.00
11.34
31.50
86.00
54.00
76.50
178.25
168.00
98.50
15EBV-680J 15EBV-640J15EBV-680I 15EBV-640I
17 8
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90.00
0 14
4
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0
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0
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6
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5
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28
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7
2
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0
.
6
8
31
3
.
5
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15EFLT-640
15ENV-680A
15EBV-680H
15EBV-680G 15EBV-640G
FI-680 FI-640
TI-640TI-680
PRV-680 PRV-640
15EBV-610
15EFLT-680
EXISTING CONCRETE PADNEW CONCRETE PAD
PI-640DPI-640DPI-640PI-640
CL
15EBV-680E15EBV-680A15EBV-680B
15EBV-640E15EBV-640A15EBV-640B
2 2
GAS COMPRESSOR BUILDING
?
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25
215 9 15713
12
23
11
10
20
33
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28
27
31
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22
35291924
26
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6
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.
0
0
12
3
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9
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18
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8
17
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82.56
BED
DPTH
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NOTES:1. WEIGHT LISTED IS FULLY LADEN, WITH VESSELS FILLED WITH 9900 LB'S OF SAG MEDIA PER VESSEL2. VESSEL GROUNDING LUG LOCATIONS
REVISIONS
ZONE REV.DESCRIPTION DATE APPROVED
ITEM NO.PART NUMBER DESCRIPTION QTY.
1 502102 WORK PLATFORM ASSY B&V PLATFORM ASSY 1
2 500063 90IN DIA. X 96IN SSL VESSEL ASSY_AS_BUILT Right Hand Vessel 1
3 500063 90IN DIA. X 96IN SSL VESSEL ASSY_AS_BUILT Existing Vessel 1
4 Pipe_5-502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY PIPE SPOOL 1
5 502101 SEPTA FILTER Septa, 6" 150# x 82"6
6 800640 6in 150LB KNIFE GATE VALVE Fabricast FV 150-BB 1
7 800447 Pressure Relief Valve, 1in x 1in Kunkle 916, 1in inlet X 1in outlet 2
8 800216 1 IN FNPT BALL VALVE Valve, ball, 1" SS thd, APOLLO 2
9 800022 .5in ball valve 304 SS Ball .5in Valve 6
10 Flowmeter, 6in 150LB Flanged.John C. Ernst #216 Flow indicator 2
11 800486 THERMOWELL, .75in .75in NPT X .5in NPT X6in U Dim.2
12 800488 Temp Indicator 6IN STEM LENGTH, STD MOUNT 2
13 4452K476 1in MNPT x FNPT Elbow. 2
14 Threaded Pipe 1 in, Sch 40-2 1IN, SCH 40, CLOSE, PIPE NIPPLE 3
15 Threaded Pipe 0.5 in, Sch 40-2 SCH 40 Threaded Pipe 6
16 CLASS 150 THREADED ELBOW, 1.00 IN 1" Threaded Elbow 1
17 Flg. Bld, NPS 2in, CLASS ASME 150, RF BLIND FLANGE 1
18 Flg. Bld, NPS 1in, CLASS ASME 150, RF BLIND FLANGE 1
19 502104 OUTDOOR INSTRUMENTATION PANEL PI/DPI INST. PANEL 2
20 Pipe_14-502105 OCSD SITE 1 ASSEMBLY Vessel Outlet Header Spool 1
21 Pipe_17-502105 OCSD SITE 1 ASSEMBLY GAS INLET SPOOL 1
22 Pipe_13-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 1
23 Pipe_15-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 2
24 Pipe_12-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 1
25 Pipe_9-502105 OCSD SITE 1 ASSEMBLY GAS INLET SPOOL 1
26 Pipe_10-502105 OCSD SITE 1 ASSEMBLY Vessel Outlet Header Spool 1
27 Pipe_16-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 2
28 Pipe_18-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 1
29 Pipe_19-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 1
30 Pipe_20-502105 OCSD SITE 1 ASSEMBLY-001 PIPE SPOOL 1
31 800638 FLEX JOINT, 8INCH 150LB 8IN 150LB FLEXIBLE COUPLING 4
32 Pipe_21-502105 OCSD SITE 1 ASSEMBLY PIPE SPOOL 2
33 800632 6in, 150LB Flanged Ball Valve Ball Valve, 6inch 150lb RFSO 5
34 800641 6IN, 150LB, 3 WAY BALL VALVE 6IN, 150LB, 3 WAY BALL VALVE 4
35 502109 CONSTANT SUPPORT ASSY CONSTANT SUPPORT ASSY 2
36 502110 CONSTANT SUPPORT ASSY 1
37 800643 GEAR OPERATOR,SHARPE SG-16, GEAR OPERATOR 9
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SHEET 1 OF 1
SITE 1, 2 VESSEL ARRANGEMENT
7/24/2014MRH
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:48 WEIGHT: 139162
REVDWG. NO.DSIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
ENG APPR.
CHECKED
DRAWN
FINISH
MATERIAL
INTERPRET GEOMETRICTOLERANCING PER:
DIMENSIONS ARE IN INCHESTOLERANCES:FRACTIONALANGULAR: MACH BEND TWO PLACE DECIMAL THREE PLACE DECIMAL
APPLICATION
USED ONNEXT ASSY
PROPRIETARY AND CONFIDENTIAL
0
THIS DRAWING IS THE PROPERTY OF ROBINSON GROUP LLC, AND IS SUBJECT TO RETURN UPON REQUEST. THE INFORMATION SHOWN IS CONFIDENTIAL AND THE RECIPIENT, BY ACCEPTING THIS DRAWING, AGREES NOT TO USE ANY INFORMATION CONTAINED HEREIN, IN ANY MANNER, WITHOUT PRIOR WRITTEN AUTHORIZATION OF ROBINSON GROUP LLC.
ASME Y14.5-2009
P&ID REF #
502105 OCSD SITE 1 ASSEMBLY
1
ROBINSON GROUP LLC20203 95th AVETUALATIN OR 97062(425)420-1979
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25EVKG-885
25EBV-885J
25EVKG-890
25EBV-890J
25EBV-89025EBV-890G 25EBV-88525EBV-885G 25EBV-88025EBV-880G
TI-890 TI-885 TI-880
FI-890 FI-885 FI-880
25EFLT-890 25EFLT-885 25EFLT-880
PRV-890 PRV-885 PRV-880
25EBV-880I
25EBV-880H25EBV-885H25EBV-890H
25EBV-890I 25EBV-885I
25EBV-890A25EBV-890B 25EBV-885A25EBV-885B
25EBV-880A25EBV880B
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PDI-890
PDI-885PI-885 PI-880
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33
32
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DEPTH
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DETAIL BPRESSURE INST. RACKTYP.SCALE 1 : 18
25 282726
NOTES:1. WEIGHT LISTED IS FULLY LADEN, WITH VESSELS FILLED WITH 9900 LB'S OF SAG MEDIA PER VESSEL2. VESSEL GROUNDING LUGS.
REVISIONS
ZONE REV.DESCRIPTION DATE APPROVED
ITEM NO.PART NUMBER DESCRIPTION QTY.
1 502102 WORK PLATFORM ASSY B&V PLATFORM ASSY 2
2 500063 90IN DIA. X 96IN SSL VESSEL ASSY_AS_BUILT Right HandVessel Alt Drain 1
3 500063 90IN DIA. X 96IN SSL VESSEL ASSY_AS_BUILT Left Hand Vessel 1
4 500063 90IN DIA. X 96IN SSL VESSEL ASSY_AS_BUILT Right Hand Vessel 1
5 Pipe_2-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY GAS INLET SPOOL 3
6 Pipe_3-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY PIPE SPOOL 3
7 Pipe_4-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY PIPE SPOOL 3
8 Pipe_5-502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY PIPE SPOOL 3
9 Pipe_6-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY Vessel Outlet Header Spool 3
10 Pipe_7-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY PIPE SPOOL 1
11 Pipe_8-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY PIPE SPOOL 1
12 Pipe_9-502100 OCSD SITE 2, 3 VESSEL ASSEMBLY PIPE SPOOL 1
13 Threaded Pipe 1 in, Sch 40-2 1IN, SCH 40, CLOSE, PIPE NIPPLE 6
14 Threaded Pipe 0.5 in, Sch 40-1.5 .5IN SCH40, CLOSE, PIPE NIPPLE 9
15 4452K476 1in MNPT x FNPT Elbow. 3
16 CLASS 3000 THREADED ELBOW, 1.00 IN 90 degree elbow, threaded 3
17 800216 1 IN FNPT BALL VALVE Valve, ball, 1" SS thd, APOLLO 3
18 800640 6in 150LB KNIFE GATE VALVE Fabricast FV 150-BB 3
19 800447 Pressure Relief Valve, 1in x 1in Kunkle 916, 1in inlet X 1in outlet 3
20 800022 .5in ball valve 304 SS Ball .5in Valve 9
21 502101 SEPTA FILTER Septa, 6" 150# x 82"9
22 Flowmeter, 6in 150LB Flanged.John C. Ernst #216 Flow indicator 3
23 800486 THERMOWELL, .75in .75in NPT X .5in NPT X6in U Dim.3
24 800488 Temp Indicator 6IN STEM LENGTH, STD MOUNT 3
25 502104 OUTDOOR INSTRUMENTATION PANEL PI/DPI INST. PANEL 3
26 Tube_3-502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY PI TUBING ASSY 3
27 Tube_4-502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY HI DPI TUBING 3
28 Tube_5-502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY LOW DPI TUBING 3
29 800632 6in, 150LB Flanged Ball Valve Ball Valve, 6inch 150lb RFSO 7
30 800641 6IN, 150LB, 3 WAY BALL VALVE 6IN, 150LB, 3 WAY BALL VALVE 6
31 800643 GEAR OPERATOR,SHARPE SG-16, GEAR OPERATOR 13
32 502110 PIPE SUPPORT RACK FIXED PIPE SUPPORT RACK, SITE 2 4
33 502112 PIPE SUPPORT RACK ASSY W8X28 PIPE RACK SUPPORT 3
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SHEET 1 OF 1
3 VESSEL, DOWNFLOW, LEAD LAG, SAG ASSY, 90IN DIAX 96IN SSL
7/25/2014MRH
UNLESS OTHERWISE SPECIFIED:
SCALE: 1:48 WEIGHT:
REVDWG. NO.DSIZE
TITLE:
NAME DATE
COMMENTS:
Q.A.
MFG APPR.
ENG APPR.
CHECKED
DRAWN
FINISH
MATERIAL
INTERPRET GEOMETRICTOLERANCING PER:
DIMENSIONS ARE IN INCHESTOLERANCES:FRACTIONALANGULAR: MACH BEND TWO PLACE DECIMAL THREE PLACE DECIMAL
APPLICATION
USED ONNEXT ASSY
PROPRIETARY AND CONFIDENTIAL
0
THIS DRAWING IS THE PROPERTY OF ROBINSON GROUP LLC, AND IS SUBJECT TO RETURN UPON REQUEST. THE INFORMATION SHOWN IS CONFIDENTIAL AND THE RECIPIENT, BY ACCEPTING THIS DRAWING, AGREES NOT TO USE ANY INFORMATION CONTAINED HEREIN, IN ANY MANNER, WITHOUT PRIOR WRITTEN AUTHORIZATION OF ROBINSON GROUP LLC.
ASME Y14.5-2009
P&ID REF #
502100 OCSD SITE 2, 3 VESSEL SAG ASSEMBLY
1
ROBINSON GROUP LLC20203 95th AVETUALATIN OR 97062(425)420-1979
0
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EXHIBIT “B” Specification No. S-2022-1289BD
Exhibit “B”
BID
Orange County Sanitation District
Installation and Disposal of Activated Carbon for P1&P2 Co-Gen Facilities (S-2022-1289BD), bidding on 04/26/2022 2:00 PM (PDT)
Page 1 of 3
Printed 05/16/2022
PlanetBids, Inc.
Bid Results
Bidder Details
Vendor Name Carbon Bulk Sales
Address 1791 Kaiser Ave
Irvine, California 92614
United States
Respondee Joseph Hunter
Respondee Title Account Manager
Phone 949-732-3318
Email jhunter@carbonbulksales.com
Vendor Type
License#
CADIR
Bid Detail
Bid Format Electronic
Submitted 04/26/2022 1 :07 PM (PDT)
Delivery Method
Bid Responsive Yes
Bid Status Submitted
Confirmation# 289183
Respondee Comment
Buyer Comment
Attachments
File Title
OSC O Bid -Exhibit M.pdf
OCSD Bid -Exhibit_ K,L.pdf
OCSD Bid -Exhibit_ C,G,H,l,J.pdf
File Name
OSC O Bid -Exhibit M.pdf
OCSD Bid -Exhibit_ K,L.pdf
OCSD Bid -Exhibit_ C,G,H,l,J.pdf
Fi le Type
Exhibit M
Exhibits K,L
Exhibits C,G,H,l,J
Orange County Sanitation District
Installation and Disposal of Activated Carbon for P1&P2 Co-Gen Facilities (S-2022-1289BD), bidding on 04/26/2022 2:00 PM (PDT)
Page 2 of 3
Printed 05/16/2022
PlanetBids, Inc.
Line Items
Discount Terms No Discount
Item Item
# Code Type Item Description UOM QTY Unit Price Line Total Response Comment
Total Lump Sum Cost for up to Twelve (12) Service/Change-Outs of the Digester Gas Fuel Filter System Media at Plants 1 & 2 including Labor, Materials, Installation, Disposal, CA Sales Tax,
Supplies, Misc. Cost and Freight (F.O.B. Destination). oc San Does Not Guarantee Usage. $420,972.00
2
Total Cost for One (1) Service/Change-Out of the Digester Gas Fuel Filter System Media at Plant 1 (Fountain Valley) including
Labor, Materials, Installation, Disposal, CA Sales Tax, Supplies, Misc. Cost and Freight (F.O.B. Destination). Estimated at 5 change
outs per year
Total Cost for One (1) Service/Change-Out of the Digester Gas Fuel Filter System Media at Plant 2 (Huntington Beach) including
Labor, Materials, Installation, Disposal, CA Sales Tax, Supplies, Misc. Cost and Freight (F.O.B. Destination). Estimated at 7 change
outs per year
Per Service/
Change Out
Per Service/
Change Out
5 $35,081 .00 $175,405.00 Yes
7 $35,081 .00 $245,567.00 Yes
Orange County Sanitation District
Installation and Disposal of Activated Carbon for P1&P2 Co-Gen Facilities (S-2022-1289BD), bidding on 04/26/2022 2:00 PM (PDT)
Page 3 of 3
Printed 05/16/2022
PlanetBids, Inc.
Line Item Subtotals
Section Title
Total Lump Sum Cost for up to Twelve (12) Service/Change-Outs of the Digester Gas Fuel Filter System Media at Plants 1 & 2 including Labor, Materials, Installation,
Disposal, CA Sales Tax, Supplies, Misc. Cost and Freight (F.O.B. Destination). OC San Does Not Guarantee Usage.
Line Total
$420,972.00
Grand Total $420,972.00
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2230 Agenda Date:6/1/2022 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENERGY AND DIGESTER GAS MASTER PLAN, PROJECT NO. PS21-04
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A Approve a Professional Services Agreement with Brown and Caldwell to provide engineering
services for the Energy and Digester Gas Master Plan, Project No. PS21-04, for an amount
not to exceed $1,438,037; and
B. Approve a contingency of $143,804 (10%).
BACKGROUND
In the early 1990s, Orange County Sanitation District (OC San), constructed eight internal
combustion engines at the Central Generation facilities at Plant Nos. 1 and 2 to generate electricity
using digester gas with the waste heat used for digester heating, building cooling, and power
generation. During normal operating conditions, the Central Generation facilities supply
approximately 60% of the electricity at Plant No. 1 and 95% of the electricity at Plant No. 2.
OC San staff performs routine and regular maintenance based on hours of run-time per the
manufacturer’s recommendations. Recently, Engine No. 1 underwent its first bottom-end overhaul at
120,000 hours of run-time. The first two overhaul attempts on this engine using a contractor selected
by a request for proposal process were unsuccessful. Using the original equipment manufacturer,
the third overhaul was successful. OC San is planning to complete the overhaul of four more
engines across both Plants to provide reliable operations for another 15-20 years.
During a utility power outage, OC San utilizes standby generators to provide primary treatment and
keep water flowing through the treatment plants. The Central Generation facilities provide standby
power for the remaining select treatment processes. Recently, the Regional Water Quality Control
Board requested that OC San provide a standby power source to the Plant No. 2 Trickling Filter
Solids Contact Facility, to prevent the bypassing of primary effluent flow during a power outage.
OC San’s 2021 Strategic Plan includes an Energy Independence Policy. With this policy in place, OC
San strives to be a net energy exporter by maximizing electrical, thermal and methane gas
generation while minimizing energy utilization.
Orange County Sanitation District Printed on 5/25/2022Page 1 of 5
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2230 Agenda Date:6/1/2022 Agenda Item No:6.
RELEVANT STANDARDS
·Comply with environmental permit requirements
·24/7/365 treatment plant reliability
·Protect OC San assets
·Sustain 1, 5, 20-year planning horizons
PROBLEM
Although the Central Generation facilities can be maintained for another 15 to 20 years,there are
concerns that critical parts needed to maintain these engines may not be available over time.South
Coast Air Quality Management District’s (SCAQMD)air quality discharge requirements continue to
become more stringent and there may be a time when the Central Generation facilities will no longer
meet these evolving standards.
OC San’s National Pollutant Discharge Elimination System (NPDES)permit requires permit
compliance during a power outage.OC San does not have a standby power policy that addresses
the latest probable outage durations based on recent utility grid risks and which secondary and solids
treatment processes need to have standby power and for what power outage duration.
PROPOSED SOLUTION
Develop an Energy and Digester Gas Master Plan that will provide a road map with options for OC
San’s beneficial use of digester gas.This study will look at long-term options if the engines can no
longer be maintained due to lack of parts,or if SCAQMD regulations become more stringent.This
study will also establish a standby power policy,update OC San’s power outage response plan and
procedures, and evaluate alternative power generation and energy storage methods.
TIMING CONCERNS
Conducting this study now will provide a road map that includes options with implementation triggers
to guide timely future Capital Improvement Program (CIP)projects that will address the beneficial use
of digester gas and standby power needs.
RAMIFICATIONS OF NOT TAKING ACTION
If the Central Generation engines can no longer be maintained due to unavailability of parts,or if the
engines can no longer meet SCAQMD requirements,OC San would need to find another means to
beneficially use digester gas,construct additional backup power facilities,and purchase additional
electricity.OC San could also face potential permit violations due to not meeting treatment
requirements during a power outage due to the lack of a defined standby power policy.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
Orange County Sanitation District Printed on 5/25/2022Page 2 of 5
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File #:2022-2230 Agenda Date:6/1/2022 Agenda Item No:6.
ADDITIONAL INFORMATION
Consultant Selection:
OC San requested and advertised for proposals for the Energy and Digester Gas Master Plan,
Project No.PS21-04 on December 10,2021.The following evaluation criteria were described in the
Request for Proposals (RFP) and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 40%
Related Project Experience 25%
Project Team and Staff Qualifications 35%
Three proposals were received on February 8,2022 and evaluated in accordance with the evaluation
process set forth in OC San’s Purchasing Ordinance by a pre-selected Evaluation Team consisting of
OC San staff:Engineering Manager,Engineering Supervisor,and Maintenance Manager.The
Evaluation Team also included one non-voting representative from the Contracts Administration
Division and one non-voting technical advisor.The Evaluation Team scored the proposal on the
established criteria as summarized in the table below:
Firm Approach (Max 40)Related
Experience
(Max 25)
Team (Max
35)
Total Score
(Max 100)
1 Brown and Caldwell 37 18 23 78
2 Arcadis US, Inc.25 20 28 73
3 Carollo Engineers, Inc.24 20 28 72
Based on this scoring,all Consultants were shortlisted for interviews on March 17,2022.Following
the interview,each member of the Evaluation Team scored the Consultants based on both the
proposals and interviews using the evaluation criteria and weighting described above.Based on the
scoring shown below, Brown and Caldwell was selected as the most qualified Consultant.
Firm Approach (Max 40)Related
Experience
(Max 25)
Team (Max
35)
Total Score
(Max 100)
1 Brown and Caldwell 35 19 26 80
2 Arcadis US, Inc.31 19 28 78
3 Carollo Engineers, Inc.23 19 27 69
The selected team demonstrated clear understanding of the goals of the study and presented a clear
approach to performing the work,including the development of a process-based standby power
policy.In addition,they showed a wide range of experience using digester gas in beneficial ways
along with key regulations that need to be addressed.They are also offering a team with experience
preparing master plans that focus on energy,digester gas,and standby power requirements based
on process needs.
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File #:2022-2230 Agenda Date:6/1/2022 Agenda Item No:6.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with OC San’s Purchasing
Ordinance,the fee proposal of only the highest-ranked firm was opened after approval by the
Director of Engineering of the Evaluation Committee’s recommendation.
Staff conducted negotiations with Brown and Caldwell to clarify the requirements of the Scope of
Work,the assumptions used for the estimated level of effort,and the proposed approach to meet the
goals and objectives for the project.These discussions occurred over three negotiation meetings
with the main outcome listed below:
·The level of effort was reduced based on clarifications to the scope of work and reduced efforts
that are required to update standard operating procedures for power outages and emergency
responses.Reduced efforts were also applied to evaluation for future Central Generation facility
replacement alternatives.
·The effort for senior level support was reduced for some tasks and transferred to support staff
based on clarifications to the scope of work.
·Brown and Caldwell had included hours for a vendor solicitation task,which was not part of the
Scope of Work. These hours were removed after clarification.
Original Fee
Proposal
Negotiated Fee
Total Hours 6,149 5,794
Total Fee $1,544,691.50 $1,438,036.90
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The agreement profit is 7.79%,which is based on an established formula based on
OC San’s standard design agreements.
Based on the above,staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to Brown and Caldwell.
CEQA
The project is exempt from CEQA under the statutory exemptions set forth in CEQA Guidelines
Section 15262.A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San’s Board
of Directors approval of the Professional Services Agreement.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Budget Update,Fiscal Year 2021-2022,Appendix A,Page 9,Master Planning Studies,M-
STUDIES) and the budget is sufficient for the recommended action.
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File #:2022-2230 Agenda Date:6/1/2022 Agenda Item No:6.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Professional Services Agreement
·Presentation
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PSA PROJECT NO. PS21-04
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PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 22nd day of June, 2022, by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"),
and BROWN AND CALDWELL, (hereinafter referred to as "CONSULTANT"). OC SAN and CONSULTANT are referred to herein collectively as the "Parties" or individually as a "Party." WHEREAS, OC SAN desires to engage CONSULTANT for PS21-04 Energy and Digester Gas Master Plan to provide for OC SAN an Energy and Digester Gas Master Plan; and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and
WHEREAS, OC SAN has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select CONSULTANT to perform this work; and WHEREAS, at its regular meeting on June 22, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee to approve this Agreement. NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A", and
by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical accuracy, and completeness and coordination of the work and services furnished by the CONSULTANT under this Agreement, including the work performed by its
subconsultants (Subconsultants). Where approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all applicable laws,
regulations, codes, industry standards, and liability for damages caused by errors, omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall perform its work in accordance with engineering standards in effect for clarity, uniformity, and completeness. CONSULTANT shall timely respond to all of OC SAN’s questions, comments, suggestions, corrections, and
recommendations. All comments from OC SAN, or its agent, shall be incorporated into the work prior to the next review deadline or addressed, in writing, as to why the comment(s) has/have not been incorporated.
CONSULTANT shall ensure that each submittal is 100% accurate for the level of
work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.).
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C. In the event that CONSULTANT's services and/or work product(s) is not to the satisfaction of OC SAN and/or does not conform to the requirements of this
Agreement or the applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its work product(s) within the timeframe specified by the Project
Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions.
D. Any CADD drawings, figures, and other work produced by CONSULTANT and Subconsultants using OC SAN CAD Manual. Conversion of CADD work from any other non-standard CADD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall conform to OC SAN specifications. Any changes to these
specifications by the CONSULTANT are subject to review and require advance written approval of OC SAN. Electronic files shall be subject to an acceptance period of Number thirty (30) calendar days during which OC SAN shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no additional cost to OC SAN.
E. All professional services performed by the CONSULTANT, including, but not limited to, all drafts, data, correspondence, proposals, and reports compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by OC SAN, or (b) subsequently becomes
publicly known to the CONSULTANT other than through disclosure by OC SAN. F. The OC SAN shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT’s service and not otherwise confidential or restricted from disclosure; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the
CONSULTANT services of others required for the performance of the CONSULTANT’s services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by the OC SAN or others in performing the CONSULTANT’s services under this Agreement. G. CONSULTANT shall not be responsible for delays caused by circumstances beyond its reasonable control, including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages or accidents, and (2) acts of God. While CONSULTANT has made reasonable efforts to incorporate into its plan for the Project any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future
changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site
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for access or client or consultant staff or others) to the extent they delay or otherwise impact the Project. In that event, CONSULTANT will notify OC SAN
and work in good faith to equitably address any unexpected impacts therefrom.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for the services in accordance with the following provisions:
A. Total Compensation Total compensation shall be in an amount not to exceed One Million Four
Hundred Thirty-eight Thousand Thirty-six Dollars ($1,438,036.00). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of OC SAN, CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this project.
C. Overhead As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee
Proposal.
D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by
CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
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E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per Attachment “J” – Minor Subconsultant Hourly Rate Schedule and as specified in the Scope of Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal.
F. Direct Costs OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of
permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs.
All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above.
G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to
modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously
identified. Refer to attachment “D” Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
OC SAN will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment “D” - Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by IRS.The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means or management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN shall apply the most economic and
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practical method of reimbursement which may include reimbursements based upon receipts and/or “per diem” as deemed the most practical.
CONSULTANT shall be responsible for returning to OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN.
Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial, and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging – Overnight stays will not be approved by OC SAN for local travel.
However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will
be made on a case-by-case basis and at the discretion of OC SAN. Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement.
I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount, without the express written consent of OC SAN’s authorized representative shall
be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN
that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the Total Compensation, provided that the Total Compensation is not increased.
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4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period, in a format acceptable to OC SAN. CONSULTANT shall warrant and certify the accuracy of these costs and provide
all support documentation required by OC SAN. CONSULTANT understands that submitted costs are subject to Section 12 Audit Provisions.
B. CONSULTANT will submit monthly statements covering services and/or work performed for payment for those items included in Section 2 hereof no later than the second Wednesday of the following month and in the format required by OC SAN. The format must include, as a minimum: 1) current billing period invoicing, 2) current billing period “total percent invoiced to date”, 3) future activities, 4) previous billing period “total invoiced to date”, 5) potential items that are not included in the Scope of Work, 6) concerns and possible delays, 7) percentage of completion to date, and 8) budget status and amount remaining. Such requests shall be accompanied by such supporting data as may be
required by OC SAN.
Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the
invoiced amount on a per-project element basis. If OC SAN determines that the work under this Agreement, or any specified
project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or ii. The percentage of the work accomplished for each project element.
OC SAN may, at the discretion of the Director of Engineering, retain an amount equal to that which ensures that the total amount paid to that date does not exceed the percentage of the completed work for each project element or the Project in its entirety.
C. CONSULTANT may submit periodic payment requests for each 30-day period of this Agreement for the profit as set forth in Section 2 - COMPENSATION above. Said profit payment request shall be proportionate to the work actually accomplished to date on a per-project-element basis. In the event OC SAN's Director of Engineering determines that no satisfactory progress has been made
since the prior payment, or in the event of a delay in the work progress for any reason, OC SAN shall have the right to withhold any scheduled proportionate profit payment.
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D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by OC SAN,
CONSULTANT will be paid the unpaid balance of any money due for such work based on the monthly statements, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble damages and up to a $10,000 civil penalty for each false claim submitted. This
section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: (a) knowingly presents or
causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; (b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by
OC SAN; (c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; (d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or (e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim.
5. PREVAILING WAGES
A. To the extent CONSULTANT intends to utilize employees who will perform work during the contract, as more specifically defined under Labor Code Section 1720, CONSULTANT shall be subject to prevailing wage requirements with respect to such employees.
6. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
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B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
7. DOCUMENT OWNERSHIP – CONSULTANT PERFORMANCE
A. Ownership of Documents for the professional services performed.
All documents in all forms (electronic, paper, etc.), including, but not limited to, studies, sketches, drawings, computer printouts, disk files, and electronic copies prepared in connection with or related to the Scope of Work or professional services, shall be the property of OC SAN. OC SAN’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed.
OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s professional services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have
the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the study or deliverable where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage.
8. INSURANCE A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State
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Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change
in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said
substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this Agreement.
B. General Liability The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, commercial general liability insurance written on an occurrence basis providing the following minimum limits of liability coverage: One Million Dollars ($1,000,000) per occurrence with Two Million Dollars ($2,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Said insurance shall include coverage for
the following hazards: premises-operations, products liability/completed operations (including any product manufactured or assembled), broad form property damage, contractual liability, independent contractors liability, personal
and advertising injury, mobile equipment, vicarious liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) must be included in the general liability policy and coverage must be reflected on the submitted certificate of insurance. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance policy, limitations or exclusions of
coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, (except Errors and Omissions/Professional Liability), CONSULTANT shall include clauses providing that each insurer shall waive all of
its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
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C. Umbrella Excess Liability
The minimum limits of general liability and automobile liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage.
Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. D. Automobile/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability coverage: combined single limit of One Million Dollars ($1,000,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement. E. Drone Liability Insurance
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form
acceptable by OC SAN. F. Workers’ Compensation Insurance The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance
Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act
claims. G. Errors and Omissions/Professional Liability
CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder.
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In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or
new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term.
H. Proof of Coverage
The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said certificates and endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by OC SAN before work commences. CONSULTANT shall provide OC SAN with copies of its insurance certificates and amendatory endorsements affecting coverage. Confidential information may be redacted from said policies, provided that verification of coverage, name of carriers and agent/broker may not be redacted. Said policies and endoresements shall conform to the requirements herein stated. The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or other equivalent certificate of insurance form
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 20 10 and CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or
less coverage to OC SAN.
• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of
subrogation endorsement provided by carrier for OC SAN approval.
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• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying OC
SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below.
I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any material change in the terms of insurance,
including reduction in coverage, within two (2) working days of receipt of such
notice or knowledge of same.
Said notices shall be mailed to OC SAN at: ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
J. Primary Insurance The general and automobile liability policies shall contain a “Primary and Non Contributory” clause. Any other insurance maintained by OC SAN shall be
excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured
The general and automobile liability policies shall contain a “Separation of Insureds” clause. L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the
certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the
CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. OC SAN will not invoke the option expressed in this
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paragraph unless it has reasonable cause to question CONSULTANT’s financial strength.
N. Defense Costs The general and automobile liability policies (except Errors and Omissions/ Professional Liability) shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits.
O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work. P. Limits Are Minimums If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits
maintained by CONSULTANT. Nothing in this section, however, requires CONSULTANT in the absence of litigation to reveal its Errors and Omissions/ Professional Liability limits beyond that required above in Section 8.
9. SCOPE CHANGES
In the event of a change in the Scope of Work or a change in the proposed Project, as
requested by OC SAN, the Parties hereto shall execute an amendment to this Agreement setting forth with particularity all terms of the new Agreement, including, but not limited to any additional CONSULTANT's fees. CONSULTANT hereby agrees to use
any and all procedures, programs, and systems required by OC SAN to process and execute such Amendment(s), including, but not limited to, computer programs and systems.
10. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this Project under this Agreement by CONSULTANT. CONSULTANT shall include a description of the work and services to be done by each Subconsultant and each of CONSULTANT’s Project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant, broken down as indicated in Section 2- COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by OC SAN.
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11. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered
engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever, in the performance of this Agreement, the services of a registered engineer is required, such services
hereunder will be performed under the direct supervision of registered engineers who are registered in California.
12. AUDIT PROVISIONS.
A. OC SAN retains the reasonable right to access, review, examine, and audit, any and all books, records, documents, and any other evidence of procedures and
practices that OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project
related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an
audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all Project related accounting records and documents, and any other financial data.
13. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to transform CONSULTANT, its staff, independent contractors, or Subconsultants into employees of OC SAN. CONSULTANT’S staff performing services under the Agreement shall at all times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall monitor and control its staff and pay wages, salaries, and other amounts due directly to its staff in connection with the Agreement. CONSULTANT shall be responsible for hiring, review, and termination of its staff and shall be accountable for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation and similar matters.
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14. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
ORANGE COUNTY SANITATION DISTRICT 10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Clarice Marcin Copy: Carmen Quan, Project Manager
CONSULTANT:
BROWN AND CALDWELL 18500 Von Karman Avenue
Suite 1100 Irvine, CA 92612 Attention: Dan Bunce All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT.
15. TERMINATION
OC SAN may terminate this Agreement at any time, without cause, upon giving thirty
(30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN at the address listed in Section 14 - NOTICES.
16. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this Project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN copies of all memoranda, correspondence, electronic materials, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN.
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17. COMPLIANCE
A. Labor
CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does
not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment.
B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act
CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208).
18. AGREEMENT EXECUTION AUTHORIZATION
Both OC SAN and CONSULTANT do covenant that each individual executing this
document by and on behalf of each Party is a person duly authorized to execute this Agreement for that Party.
19. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services.
20. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC SAN informs CONSULTANT that any part of the services fails to meet
those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies).
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22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN
and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and OC SAN’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants,
subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify
the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them. Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to OC SAN for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements
and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any
rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code section 2782.8. Such defense
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obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations.
24. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the
Contractor Safety Standards, as applicable, all of which may be amended from time to time.
25. CLOSEOUT
When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, OC SAN shall give the CONSULTANT written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout.
Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in the Agreement Such support must be provided within the timeframe requested by OC SAN. Notwithstanding the final Agreement acceptance, the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise), and the CONSULTANT shall remain obligated under all those provisions of
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the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
Any failure by OC SAN to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of
the work by OC SAN for any purpose nor imply acceptance of, or Agreement with, the CONSULTANT’s request for final Agreement Acceptance.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
[Intentionally left blank. Signatures follow on the next page.]
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IN WITNESS WHEREOF, this Agreement has been executed in the name of OC SAN and CONSULTANT by their respective duly authorized officers as of the day and year first written
above. CONSULTANT: BROWN AND CALDWELL By _______________________________ _________________ Date
__________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By _______________________________ _________________ John B. Withers Date
Board Chairman
By _______________________________ _________________
Kelly A. Lore Date Clerk of the Board
By _______________________________ _________________ Ruth Zintzun Date Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work Attachment “B” – Not Used Attachment “C” – Not Used Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Form Attachment “F” – Not Used
Attachment “G” – Not Used Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary Attachment “J” – Minor Subconsultant Hourly Rate Schedule Attachment “K” – Contractor Safety Standards Attachment “L” – Iran Contracting Act Verification
CMM:yp
ATTACHMENT “A”
SCOPE OF WORK
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ATTACHMENT "A" SCOPE OF WORK
Energy and Digester Gas Master Plan PS21-04 TABLE OF CONTENTS
I. SUMMARY .......................................................................................................................................... 2
II. BACKGROUND, GENERAL PROJECT DESCRIPTION, AND OBJECTIVES ....................... 2
BACKGROUND ........................................................................................................................... 2 GENERAL PROJECT DESCRIPTION .................................................................................... 4 PROJECT OBJECTIVES ........................................................................................................... 4 COORDINATION WITH OTHER PROJECTS ...................................................................... 4
III. PROJECT SCHEDULE ...................................................................................................................... 4
IV. PROJECT EXECUTION ................................................................................................................... 6
Task 1 – Standby Power .............................................................................................................. 6
Task 1.1 Develop a Standby Power Policy ....................................................................... 6 Task 1.2 Load Shedding and Power Restart Philosophy ................................................... 8 Task 1.3 Update OC San Procedures ................................................................................ 9 Task 1.4 Update Load Criticality Tables ......................................................................... 10 Task 2 – Cen Gen Replacement ................................................................................................ 12
Task 2.1 Cen Gen Replacement Alternatives .................................................................. 12 Task 2.2 Gas Usage ......................................................................................................... 17 Task 2.3 Heat Balance Model ......................................................................................... 17
Task 2.4 Renewable Energy Funding and Markets ......................................................... 17 Task 3 – Energy Resiliency and Independence ........................................................................ 18 Task 4 – CIP Project Development ........................................................................................... 19 Task 5 – Energy and Digester Gas Master Plan ...................................................................... 20 Task 6 - Project Management ................................................................................................... 20 Task 6.1 Project Management Progress Meetings .......................................................... 20 Task 6.2 Project Schedule ............................................................................................... 20 Task 6.3 Project Logs ...................................................................................................... 21 Task 6.4 Progress Reports ............................................................................................... 21
Task 6.5 Project Invoices ................................................................................................ 22 Task 7 – Meetings and Workshops ........................................................................................... 22 Task 8 - Quality Control ............................................................................................................ 23
V. GENERAL REQUIREMENTS ........................................................................................................ 24
GENERAL .................................................................................................................................. 24
VI. STAFF ASSISTANCE ...................................................................................................................... 25
EXHIBITS: .............................................................................................................................................. 26
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I. SUMMARY
This Scope of Work requests engineering services for the project as described herein to perform an engineering study.
II. BACKGROUND, GENERAL PROJECT DESCRIPTION, AND OBJECTIVES
BACKGROUND
The Orange County Sanitation District (OC SAN) is responsible for collection, treatment, and disposal of wastewater for the northern and central portion of Orange County, California. OC SAN operates and maintains two treatment facilities (Plants 1 and 2) which currently process an
average of 188 million gallons per day (mgd) of wastewater.
Both plants have a 66-12.47kV substation. Plant 1 has dual 66kV feeds with two 66-12.47kV transformers and Plant 2 has a single 66kV feed with one 66-12.47kV transformer. A future
project will upgrade Plant 2 to match Plant 1. The substations are owned by OC SAN and operated by Southern California Edison (SCE). The substation provides 12.47kV, Bus A and Bus B feeds to the 12kV Service Center, which consists of double-ended main-tie-tie-main
switchgear that is used to distribute utility power to select process facilities and the Central Generation Facility (Cen Gen). Cen Gen has double-ended main-tie-tie-main switchgear and central generators fueled by digester and/or natural gas.
Digester gas produced by anaerobic digestion of wastewater solids during the treatment process is burned in large internal combustion engines at Cen Gen at both plants. Approximately 60% of the electricity requirements at Plant 1 and approximately 95% of the electricity requirements at Plant 2 are supplied by Cen Gen. Additionally, the waste heat from the engines is the primary source of heat for anaerobic digestion at each plant. Heat recovery steam generators installed on the engine exhausts produce steam. At Plant 1, the steam is used in absorption chillers for cooling occupied buildings. The steam at Plant 2 can drive a steam turbine generator or as a supplemental source of heat for the digester heating hot water
loop.
The Plant 1 Cen Gen Facility consists of three identical 12-cylinder, four-stroke, turbocharged-intercooled Cooper Bessemer Model No. LSVB-12-SGC, 3,471-horsepower, natural gas and/or
digester gas fired, reciprocating unit driving a 2,500-kW electric generator with a 5 million-BTU/hr. capacity exhaust heat recovery steam generator.
The Plant 2 Cen Gen Facility consists of five identical 16-cylinder, four-stroke, turbocharged-
intercooled Cooper Bessemer Model No. LSVB-16-SGC, 4,166-horsepower, natural gas and/or digester gas fired, reciprocating unit and driving a 3,000-kW electric generator with 15.6 million BTU/hr. exhaust heat recovery steam generator.
The engines were installed in the early 1990s. The engines have undergone routine and regular maintenance based on hours of run-time following the manufacturer recommendations. All engines currently require a bottom-end overhaul at approximately 120,000 hours of run-time.
OC SAN advertised S-2020-1074BD contract for the bottom-end overhaul for two engines, one at each plant, and selected a Contractor.
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The overhaul began in mid-January 2020 at Plant 1 with the shutdown of Engine No. 1. During the start-up and commissioning process for the reassembled Plant 1 Engine No. 1, the engine
experienced a catastrophic failure when a fire broke out in the crank case during the first (initial) 24-hour startup sequence. The engine was disassembled, and a failure analysis performed and a lengthy, time-consuming, repair/refurbishment reassembly process began. The engine was
reassembled, and another start-up and commissioning process was initiated. During the second start-up process the engine again experienced a second catastrophic failure.
OC SAN recently negotiated a contract with Cooper Machinery Services, LLC to perform the bottom-end overhaul on Plant 1, Engine 1. This engine will be commissioned in January 2022. OC SAN’S near-term plan is to award a contract to perform bottom-end overhauls on one more engine at Plant 1 and three engines at Plant 2. A future project may perform bottom-end overhauls on one more engine at each plant. In the future top-end overhauls will be performed in-house by OC SAN.
OC SAN’s current standby power capacity is based on a Water-In/Water-Out philosophy, with Cen Gen used to provide standby power for Water-in/Water-out loads that do not have standby generators or critical process loads when there is additional capacity upon loss of utility power
source. The recent National Pollutant Discharge Elimination System (NPDES) permit requires Cen Gen to provide standby power to the Trickling Filter Pump Station at Plant 2 in the event of a utility power outage to prevent primary effluent from bypassing secondary treatment. The
NPDES permit does not waive compliance with permit requirements during a utility power outage. Only South Coast Air Quality Management District (SCAQMD) allows odor control to be out for service during a utility power outage for a defined period of time.
In 2019, a 5-MW, 32-MWh Tesla battery storage system was installed at Plant 1. This battery storage system is owned and operated by a third party under the SCE Local Capacity Requirements (LCR) Program, which allows SCE to call for the operation of the battery storage system to reduce grid loads for 4 hours per day during normal workdays. The battery storage system may also operate on the weekends by the third party operator as part of the Southern California Gas Self-Generation Incentive Program (SGIP).
An energy master plan was last performed by J-102 Strategic Plan Update – Energy Master Plan and completed in 2007. This master plan included the following project tasks as applicable to this project:
1. Project Task 1 – Develop Conceptual Level of Service Requirements and Expectations of OC SAN’s Electrical and Power System(s) (This project task included the updating of
the Load Criticality Tables)
2. Project Task 2 – Power Generation and Supply System Analysis
3. Project Task 3 – Digester Gas Generation and Consumption Analysis
4. Project Task 6 – Develop a Conceptual Heat Balance Model for the Treatment Plants
5. Project Task 10 – Standby Power Generation Study
More recently, Project PS20-04, Power Generation Overhaul Feasibility Study concluded
that it is viable to continue to operate and maintain the existing internal combustion engines at both Plants. Other projects, such as J-124, Digester Gas Compressors and P2-128,
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TPAD Digester Facility at Plant 2; contain information about digester gas production and quality at both Plants 1 and 2.
GENERAL PROJECT DESCRIPTION
This Project will develop an Energy and Digester Gas Master Plan that will develop a standby power policy, determine the future usage of digester gas and will address energy dependency issues that will lead to resiliency. For the future usage of digester gas, the study will look at long-term options if the engines can no longer be maintained due to lack of parts, qualified companies are no longer available to perform the bottom-end overhauls, and SCAQMD regulations change
and prevent the operation of Cen Gen or future generation.
PROJECT OBJECTIVES
• Develop a standby power policy to maintain permit compliance and prevent adverse
effects within the plants during power outages
• Develop a long-term plan for Cen Gen if overhauls are no longer viable in the future or if
SCAQMD’s future regulations prevents the operation of the engines
• Develop an energy resiliency and independence strategy
COORDINATION WITH OTHER PROJECTS
The following projects may impact or require coordination with this project:
1. P2-128, TPAD Digester Facility at Plant 2
2. J-124, Digester Gas Facilities Replacement
3. Projects listed under Task 1.4 for Load Criticality Table updates
III. PROJECT SCHEDULE
Table 1 contains the time frames associated with each major project deliverable, including OC SAN’s review and approval of those deliverables. CONSULTANT shall comply with the deadlines indicated in the table.
Table 1 – Project Milestones and Deadlines
MILESTONE DEADLINE
Kickoff (KO) Meeting Within 10 working days from Notice to
Proceed (NTP)
1.1 Standby Power Policy Draft Technical Memorandum Within 80 workdays from KO Meeting (parallel with tasks 1.2 and 1.4)
1.1 Standby Power Policy Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
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Table 1 – Project Milestones and Deadlines
MILESTONE DEADLINE
1.2 Load Shedding and Power Restart Philosophy Draft Technical Memorandum Within 30 workdays from KO Meeting
1.2 Load Shedding and Power Restart Philosophy Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
1.3 Draft updated IERP, Power Outage emergency Operation Procedures and
Restart SOPs
Within 10 workdays from tasks 1.1 and 1.2
1.3 Final updated IERP, Power Outage emergency Operation Procedures and Restart SOPs
Within 10 workdays from receipt of OC San review comments (10-workday review)
1.4 Load Criticality Tables Draft Technical Memorandum Within 60 workdays from KO Meeting (data collection in parallel with tasks 1.1 and 1.2)
1.4 Load Criticality Tables Final Technical
Memorandum
Within 10 workdays from receipt of OC San
review comments (10-workday review)
2.1 Cen Gen Replacement Draft Technical Memorandum Within 165 workdays from KO Meeting
2.1 Cen Gen Replacement Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
2.2 Digester Gas Usage Draft Technical Memorandum Within 20 workdays from KO Meeting (parallel with tasks 1.1 and 1.2)
2.2 Digester Gas Usage Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
2.3 Heat Balance Draft Technical
Memorandum
Within 20 workdays from KO Meeting
(parallel with tasks 1.1, 1.2 and 2.2)
2.3 Heat Balance Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
2.4 Project Funding Draft Technical Memorandum Within 100 workdays from task 2.3
2.4 Project Funding Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
3 Energy Resiliency and Independence Draft Technical Memorandum Within 100 workdays from task 2.3
3 Energy Resiliency and Independence
Final Technical Memorandum
Within 10 workdays from receipt of OC San
review comments (10-workday review)
4 CIP Development Draft Technical Memorandum Within 20 workdays from task 2.1
4 CIP Development Final Technical Memorandum Within 10 workdays from receipt of OC San review comments (10-workday review)
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Table 1 – Project Milestones and Deadlines
MILESTONE DEADLINE
5 Draft Energy and Digester Gas Master Plan Within 20 workdays from task 4
5 Final Energy and Digester Gas Master Plan Within 10 workdays from receipt of OC San review comments (10-workday review)
OC SAN will consider an alternative CONSULTANT-proposed schedule provided it is consistent
with OC SAN resources and schedule constraints and adds value to OC SAN.
IV. PROJECT EXECUTION
TASK 1 – STANDBY POWER
TASK 1.1 DEVELOP A STANDBY POWER POLICY
CONSULTANT shall develop a standby power policy for Plants 1 and 2 that balances a probable outage duration with the power needs to achieve permit compliance. The following outlines the elements of this task:
1. Define potential outages and associated probability and durations for the following conditions.
a. Short-term outage: Southern California Edison (SCE) outage (rolling blackouts,
fire, high winds, etc.)
b. Long-term outage: regional earthquake, cyberattack, terrorism, etc. Include the probability and duration of losing power and natural gas during a regional
earthquake.
2. Benchmark what other similar wastewater facilities are doing regarding standby power, the length of outage duration they are designed for, amount and type of onsite
generation, and the level of treatment that is maintained during a power outage.
3. Determine the maximum power outage duration that should be designed for and included in OC SAN’s engineering design guidelines during dry and wet weather conditions. Determine the event and duration that should be used for the loss of natural gas. Determine which plant loads require standby power based on the new standby
power policy.
4. Cen Gen uses natural gas as a pilot fuel during normal operation. Upon loss of natural gas a valve needs to be operated to switch over to 100% digester gas. Evaluate the benefit and cost of automating this process. 5. Determine additional standby power required, beyond the existing standby power,
existing batteries (at Plant 1 only), and Cen Gen capacity, to meet permit requirements and prevent adverse effects within the plants. As described in Background, Cen Gen is
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used to provide standby power for Water-in/Water-out loads or critical loads that do not have standby generators.
6. Develop an operational strategy on how to operate the plant load using staggered operation or rotation of equipment to leverage the available Cen Gen power during the different potential power outage scenarios. If there is insufficient Cen Gen power to meet
the operational strategy, determine the amount of additional standby power that is required.
7. Determine the preferred source of power (new standby generators or Cen Gen) for loads that do not currently have a standby generator. Determine new standby generator technology through technology identification and screening. The following tables summarizes facilities with and without standby generation.
Plant 1 Existing Standby Power
Facility Standby Power Cen Gen Headworks X Primary Clarifiers and Odor Control X
Trickling Filters X
AS1 (480V MCC loads) X
AS2 (life safety loads) X
Plant Water X Digester X Gas Compressors X Cen Gen (Black Start) X
Thickening and Dewatering (life safety loads) X
Truck Loading X
Control Center X
AS1 Blowers, PEPS and RAS X
AS2 X
Notes:
1. Gas compressors and digester standby power based on future feed from P1-105 Headworks Standby Power. This standby power capacity could be used for a limited time to maintain digester mixing and gas compressor
operation until Cen Gen is restarted in the event power and natural gas is lost during a major earthquake event. Once Cen Gen is operational and these loads are transferred back to Cen Gen, this capacity could be used
for future loads. 2. Primary Effluent Pump Station (PEPS), which is required for Water-in/Water-out to feed Activated Sludge Plant 1 (AS1) from Primary Basins No. 3-5, will be demolished after Project P1-126, Primary Sedimentation Basins No. 3-5 Replacement at Plant No. 1 is constructed. This project
will elevate the height of these basin to allow for gravity flow.
Plant 2 Existing Standby Power
Facility Standby Power Cen Gen
Headworks X Primary Clarifiers and Odor Control X Digesters (TPAD: life safety, mixing) X
OOBS and EPSA (3 pumps) X
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LOFLO PS and Plant Water X
Cen Gen (Black Start) X
Centrifuges (life safety loads) X Operations Center X OOBS and EPSA (3 pumps) X
Gas Compressors X
PEPS and AS X
Trickling Filter X
Orange County Water District (OCWD) Pump Station If capacity
Notes: 1. During dry weather flow, EPSA Standby Power will feed the LOFLO Pump Station and plant water pump station. Spare generator capacity from the EPSA Standby Power generation facility will be used to power the J-124 gas compressors and P2-128 TPAD facility. During wet weather conditions, the EPSA Standby Power generation facility will feed three OOBS or EPSA pumps, with Cen Gen used to feed the J-124 and P2-128 loads. 2. PB-C standby generator powers life safety loads.
8. Review and update the diesel fuel storage capacities documented in J-102. EPSA Standby Power diesel storage capacity has recently been determined to be lower than
the value shown in J-102. OC SAN’s guideline is 48 hours.
9. Evaluate siting options for recommended standby power equipment.
Task 1.1 Assumptions:
-Process modeling will be used to determine the impacts of power outages of differing durations on effluent quality and permit compliance to support determinations of standby power requirements. Process modeling to determine standby power requirements will be based on relative process modeling and comparisons. BioWin models or calibrated modles will not be developed specifi to OC San Plant No. 1 and Plant No. 2. If existing models are available, these can be used for process evaluation
-Benchmarking will include collection of information from up to 5 wastewater treatment plants. Benchmarking will be limited to phone interviews with plant staff and does not involve collection and analysis of detailed plant data.
-Up to 3 site layout alternatives will be evaluated for siting of standby power equipment.
TASK 1.2 LOAD SHEDDING AND POWER RESTART PHILOSOPHY 1. A Schweitzer load shedding system is being designed for Plant 1 by Project J-98 and
installed at Plant 2 under Project J-117B. A central Schweitzer controller, which communicates with select Schweitzer relays via a Substation LAN, will be programmed to send the load shed trips to select 12kV breakers. The load shed trips will be based on
Operator selectable load shed priorities. Load shedding will be triggered by detection of decoupling from the utility power source or reduction of system frequency. Review load
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shedding sequences for Plants 1 and 2 as part of the power outage scenarios, available power generation in different modes of operations, and provide any recommended
changes. 2. OC San currently has automatic restart sequencing and manual power restart strategies for select process areas as described below. Confirm all existing restart operating
philosophies with OC San’s Process Control Integration (PCI) Group. Other loads that are in REMOTE AUTO will automatically restart after power is restored based on process conditions. Some exhaust fans only have ON/OFF control. A standardized approach for restarting equipment after a power outage has not been developed. Develop a power restart philosophy (automatic, manual push button, etc.) with Operations and PCI to establish a common approach at both plants. Work with Operations and PCI to determine the appropriate restart grouping (i.e., by process equipment, by process train, etc.) and restart group sequencing to provide an adequate level of control when restarting equipment after a power outage during dry and wet weather conditions based on the number of standby generators that come online, loads not controlled by PLCs, process needs, and equipment with large starting amperage.
Detailed restart control strategies with interlocks will be developed by a future project.
a. The following process areas have an automatic power restart
i. Plant 1 Primaries
ii. Plant 2 Headworks
b. The following process areas have manual restart push buttons on the human machine interface (HMI):
i. Plant 1: SALS, P1 Primaries East Sludge Pumps, AS-2 Basin Equipment (mixers and mix liquor return pumps), AS-2 Secondary Clarifiers (27, 29, 31, 32, 33 and 34), and Digesters 7-16
ii. Plant 2: Headworks odor control, PEPS, AS (aerators and RAS), trickling filters (pumps, blowers and drives), and DAFT (pumps and polymer pumps)
Deliverables – Tasks 1.1 and 1.2:
1. Standby Power Policy Technical Memorandum summarizing conclusions and recommendations. 2. Load Shedding and Power Restart Philosophy TASK 1.3 UPDATE OC SAN PROCEDURES
Exhibit 1 – Updating OC San Procedures defines the procedures that the CONSULTANT needs to update and procedures that are provided For Information Only. Portions of the procedures
that require updating are indicated in Exhibit 1 – Updating OC San Procedures to provide the CONSULTANT a means to estimate the level of effort required for this task. References to plans, procedures and training that are applicable to this study, but do not required updating,
have been provided For Informaiton Only. Some relevant test in For Information Only documents have been extracted to assist the CONSULTANT with identifying the applicable
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information. The following are the categories of procedures that are defined in Exhibit 1 – Updatint OC San Procedures.
1. Update Integrated Emergency Response Plan (IERP): see Exhibit 1 – Updating OC San Procedures for the detailed scope of work.
2. Update Power Outage Emergency Operation Procedures: see Exhibit 1 – Updating OC San Procedures for the detailed scope of work.
3. Review and update existing Restart Standard Operating Procedures (SOPs): see Exhibit 1 – Updating OC San Procedures for the detailed scope of work.
4. Review and update existing Plant Power Outage Emergency Response Training: see Exhibit 1 – Updating OC San Procedures for the detailed scope of work.
Deliverables:
1. Updated IERP, Power Outage emergency Operation Procedures, Restart SOPs, and Plant Power Outage Emergency Response Training. Assumptions:
-CONSULTANT to update OC San procedures only as specifically outlined in Exhibit 1 of the RFP. Effort required to update OC San Procedures shall not exceed those allocated for this task in final negotiated fee and hours tables.
TASK 1.4 UPDATE LOAD CRITICALITY TABLES OC SAN has load criticality tables in Excel format that lists equipment loads and their
associated area and criticality grouping (1.1 Water-in, 3 Ocean Permit, 8 Odor Control, etc.), load data, switchgear and motor control center bus, quantity installed, quantity operating during dry weather and wet weather conditions, and acceptable outage duration. There are also brake
horsepower and diversity factors associated with each load to adjust the demand based on the different operating conditions. These tables are used to calculate the loads for standby generators and Cen Gen during a loss of utility power. See Exhibit 3 – P1 Sample Load Criticality Table and P2 Sample Load Criticality Table. The plant load criticality tables were last updated under J-102. Recent projects have developed their associated load criticality tables (see Item 3 below for list of projects), but this information has not been merged into the overall plant load criticality tables. It has also been determined during recent projects that the J-102 load criticality tables were not updated to reflect the actual installed loads.
An ETAP (Electrical Transient Analyzer Program) load flow study was recently completed for Plant 2. During this study, meetings were held with OC SAN Operations to review the quantity of
loads that operate during dry weather and wet weather conditions. Equipment supervisory control and data acquisition (SCADA) historical data was used to determine the diversity factors of equipment. Power monitoring data was used to calibrate the diversity factor at the switchgear
level. Loading factors were then entered into the ETAP model to run a revised load flow study and verify the transformer tap settings. This information can be used for the Plant 2 load
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criticality tables (see Exhibit 3 – Project PS18-11 P2 Loading Data). This approach should be used to develop the diversity factors for Plant 1 (an updated load flow and loading factors
analysis has not been done for Plant 1 yet). The CONSULTANT shall perform the following to update the load criticality tables for Plants 1
and 2.
1. Combine entries so there is only one entry per type of equipment (i.e., main sewage pump, bar screens, collector drives, blowers, return activated sludge pumps, etc.). This has been done for only some loads. Use applicable common electrical bus at the highest level (i.e., 480V switchgear bus versus each MCC). Group valves and gates for an MCC into one entry. Specific MCC loads such as panelboards, HVAC, etc. can remain on the MCC bus. The normal power MCC should be listed when a panelboard is fed by an automatic transfer switch from two different MCCs. (Note: The load criticality tables are used to determine the standby power requirements. Electrical calculations will be developed in accordance with the National Electrical Code to size the equipment during design projects.)
2. Revise loads to match the existing single line diagrams. Update/add completed projects to the master load criticality table for each plant (P1-100, P1-101, P1-102, P2-89, P2-90, P2-92, and P2-110). See Exhibit 3 – P1 Single Line Diagram Drawing List and P2 Single Line Diagram Drawing List.
3. Add new projects currently in construction to the master load criticality table for each plant (J-117B, P1-105, P1-133, and P2-98A)
4. Add new projects currently in design to the master load criticality table for each plant (J-124 and P2-128) 5. Conduct meetings with Operations staff in each process area to verify/update “Duration (Hours)”.
6. Conduct meetings with Operations staff in each process area to verify/update the “Qty Operating” during dry and wet weather for each type of load.
7. Determine dry and wet weather brake horsepower for motors greater than 100 horsepower based on equipment service manual dry and wet weather operating conditions. Determine typical brake horsepower that should be used for other motors.
8. Develop diversity factors for typical process and facility equipment where the load cycles on and off (bar screens, sludge pumps, scum pumps, sump pumps, valves, gates, air compressors, HVAC, etc.), panelboards, cranes, etc. so there is a
consistent approach on future projects.
a. For Plant 1, update diversity factors based on dry and wet weather operating conditions. Compare the load data in the load criticality table for Plant 1 with
the power monitoring data and SCADA historical data for process loads. This was done to determine the diversity factors for PS18-11 ETAP Model Updates for Plant 2. Most of the power monitors (available for most of the 12kV & 480V switchgears and select MCCs) at Plant 1 are networked and
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thus several years of data can be evaluated. For Plant 2, only the 12kV Service Center and Cen-Gen power monitors are networked. Manual data
collection would be needed for non-networked power monitors to utilize their data.
b. For Plant 2, use the brake horsepower and diversity factors developed by
PS18-11 ETAP Model Updates for Plant No. 2.
9. Add a switchgear diversity factor to the load summary tables (new feature) to allow for a future overall load adjustment after actual loads is obtain and compared to the load criticality data.
Deliverables:
1. Revised load criticality tables for Plants 1 and 2.
2. Documentation on the methodology used for updating the load criticality tables (including assumptions, Operations feedback/notes, loading demand/diversity factors utilized, etc.).
3. Technical memorandum documenting the summary of the changes.
TASK 2 – CEN GEN REPLACEMENT
TASK 2.1 CEN GEN REPLACEMENT ALTERNATIVES
This task develops and analyzes digester gas usage alternatives to replace the existing central
generation engines when they can no longer be maintained (i.e. parts not available, overhauls not feasible, or not cost effective to maintain, etc.) or SCAQMD emissions limits can no longer be achieved with internal combustion engines or turbines.
Task 2.1.1 – Review Existing Documentation
Consultant shall review the following:
1. Review PS15-01 Biosolids Master Plan, Final Report
2. Review PS20-04 Power Generation Overhaul Feasibility Study
3. Review J-102 Energy Master Plan, TM-2 Power Generation and Supply System Analysis
4. Review J-124 Digester Gas Facilities Replacement, Design Memo 1 (contains digester gas production)
5. Review P2-128 TPAD Digester Facility at Plant 2, Preliminary Design Report, Volume Design Memo 01A for gas production
Task 2.1.2 – Identify Cen Gen Replacement Alternatives
Under this task, the CONSULTANT shall develop a list of Cen Gen replacement
technologies and alternatives. The CONSULTANT’s Cen Gen replacement options shall incorporate the following:
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• Reliable standby power capacity as determined in Task 1
• Complete solutions that sells or uses the digester gas as determined in Task 2.
• Required digester heating requirements and facility cooling requirements as determine
in Task 2.3 Heat Balance Model
• Energy independence and resiliency as described in Task 3
• Fleet vehicle natural gas fueling Needs in accordance with future State of California requirements
Prior to developing alternatives, the CONSULTANT shall identify CenGen replacement technologies. The technologies will include any technologies identified by the CONSULTANT. The technologies will be screened using the criteria and methodology defined in Task 2.1.4. The technologies remaining after screening will be further developed into alternatives as described in this task.
For alterantives development, the CONSULTANT shall consider, but not be limited to, the options listed below. For each option, identify the successful use of the technology in real projects for similar applications, required auxiliary systems, maintenance requirements, and digester gas cleaning requirements. Develop a conceptual lifecycle cost (based on the existing projects of similar size/capacity) and footprint layout of the main equipment and auxiliary systems to help in identifying the alternatives that will be selected for further development under Task 2.1.3.
1. Develop a power generation option to replace the existing central generators with internal combustion engines. Include key issues such as impacts to the proposed J-124
Gas Compressor Facilities, digester gas cleaning requirements, etc. One layout option shall include the reuse of the existing Cen Gen Building. The following assumptions shall be made for this option:
a. The Cen Gen facility needs a full rehab. For the option which includes the installation of new internal combustion engines in the existing facility, the costs for the Cen facility rehabilitation shall also be included. For Plant 1, the existing Cen Gen 12kV switchgear will need to be replaced due to its age. For Plant 2, the Cen Gen 12kV switchgear is being replaced under Project J-117B.
b. For the option which would locate the new internal combustion engines in a new facility, assume a completely new facility which would include new 12kV Cen Gen switchgear, without the use of any existing equipment within the existing Cen Gen building. For Plant 2, only provide new Cen Gen 12kV switchgear for the generators and utilize the new Cen Gen 12kV switchgear (Bus A and Bus B) being installed by Project J-117B for power distribution.
2. Develop a power generation option to replace the existing central generators with turbines. Include key issues such as impacts to the proposed J-124 Gas Compressor Facilities, digester gas cleaning requirements, etc. Evaluate the feasibility of reusing the
existing Cen Gen Building.
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3. Develop an option to clean the digester gas to pipeline quality (renewable natural gas (RNG)) for injection back into Southern California Gas pipelines. Determine the benefit
of OC SAN selling all the digester gas or using some of the gas for buildings and Fleet. Include other key issues. Include the following:
a. Standby Power:
i. Use Cen Gen infrastructure as a standby power source. Assume Cen Gen will be kept as a standby power source if SCAQMD no longer allows it to be used as a primary power source or if the digester gas is no longer used to generate electricity. Determine the quantity of generators that should be provided or maintained and identify any system modifications required to meet SCAQMD requirements for standby operation. Verify Cen Gen would serve as a reliable standby power source using the existing IC engines without bottom-end overhauls and it would be cost effective even with future required rehabilitation projects.The costs shall include the rehab of the existing Cen Gen facility (including Cen Gen 12kV switchgear) to maintain
long-term functionality as a standby power facility.
ii. Do not use Cen Gen as standby power and provide a new standby power diesel generator facility with 12kV generator switchgear.
Include option to provide new 12kV distribution switchgear in the standby generator facility to replace the existing Cen Gen switchgear.
iii. Leverage the Plant 1 battery storage system capacity to provide
standby power for a few hours. OC San is currently in discussion with the battery storage system operator to confirm the feasibility.
b. Determine preferred fuel source for existing boilers for digester heating. Determine additional heating required for the digesters.
c. Replace the cooling capacity of the absorption chillers at Plant 1.
4. Review and document if fuel cells are a viable and reliable power generation option using digester gas.
5. Options involving digester gas used in more than one technology will be developed in Task 2.1.5..
The CONSULTANT shall perform an initial screening process and work with OC SAN to identify the most feasible technologies for the next step of comprehensive evaluation.
Task 2.1.3 – Develop Cen Gen Replacement Alternatives
Under this Task, the CONSULTANT shall further develop each Cen Gen replacement alternative selected under Task 2.1.2. Adequate conceptual design details and layouts shall
be developed for the Cen Gen replacement alternatives, and all required supporting facilities to allow for an adequate evaluation. At a minimum, the CONSULTANT shall prepare a summary of the technologies that includes the following:
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• Identify additional support facilities, such as boilers, chillers, etc.
• Outline the size and number of units for the potential facilities and supporting facilities
• Estimate cost of electric power, biogas and natural gas, including a sensitivity analysis
of their future pricing
• Estimate short-term and anticipated mid-term benefit for selling RNG
• Estimate costs and cost savings for energy resiliency options
• Discuss the footprints and the site considerations
• Discuss the impacts to upstream and downstream facilities
• Discuss air quality impacts and mitigation costs, and other environmental impacts
• Short-term and long-term cost benefits based on current and future market trends for gas and electricity pricing
• Discuss impacts to greenhouse gases and carbon footprint
• Provide a description of the latest developments related to that technology, list the potential vendors, and provide a list of comparably sized installations
• Describe the advantages and disadvantages
• Develop conceptual layouts for each alternative
• Develop construction cost estimates and operations and maintenance costs for each
alternative
• Develop a life cycle cost analysis
Task 2.1.4 – Develop Evaluation Criteria and Methodology
The CONSULTANT shall develop an evaluation method, define evaluation criteria, and
establish a decision-making process to identify and rank the Cen Gen replacement technology and alternatives. The CONSULTANT shall confirm and validate with OC SAN a ranking procedure using a weighting criteria method for the alternatives. In developing the
evaluation criteria, the CONSULTANT shall take into account, but not be limited to the following factors:
• End-use market factors - Short-term and mid-term demand for renewable natural gas (RNG)
• Technology and related risk factors - Compliance with short-term and mid-term permit requirements - Volatility in renewable energy market - Proven full scale performance, operation of the technology, and number of installations of similar capacity. - Implementation complexity - OC SAN’s readiness to apply this technology - Manufacturer support and obsolescence
• Cost factors - Capital cost - Life cycle costs - Operating and Maintenance Costs - Offsetting energy or other revenues
• Impact to energy costs - Impact to SCE agreements and associated standby charges
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- Utility bill charges and savings
• Operational and Maintenance factors
- Changes to operational staffing level and qualifications
- Redundancy, reliability, and longevity - Ease of operation and maintenance
- Safety
• Greenhouse gas and carbon footprint impacts
• Footprint and impacts to existing facilities
- Footprint of facility and impacts to future land use
- Impacts to and compatibility with existing facilities and available utilities
-
Task 2.1.5 – Evaluate and Make Final Selection
Under this Task, the CONSULTANT shall use the evaluation methodology established in Task 2.1.4 to perform a comprehensive evaluation and make a final recommendation for the Cen Gen replacement. CONSULTANT shall develop a flexible implementation road map that identifies key trigger points that would (1) prompt OC San to initiate the Cen Gen Replacement recommendation and (2) prompt OC SAN to revise the current recommendation.
The screening of alternatives in this Task will result in a short list of preferred alterantives. From this short list, several hybrid alternatives will be developed that include the use of digester gas in multiple technologies. This includes an option where a portion of the digester gas is used for RNG and the remaining portion is used to generate electricity. The CONSULTANT shall evaluate different combinations to determine the nost beneficial option.
Following identification of short listed alternatives and hybrid alternatives, the CONSULTANT
will evaluate ancillary systems and equipment to identify the equipment types and capacities to support each alternative. This will include systems and equipment such as gas conditioning (gas drying, siloxane removal, H2S removal, ammonia removal) and compressor types.
The CONSULTANT shall develop an evaluation method for the remaining short listed alternatives and hybrid alternatives based on specific criteria, called “tie breaker” criteria, to allow differentiation and selection of the preferred CenGen replacement technology. Using the “tie breaker” criteria and additional sensitivity analysis, the CONSULTANT shall develop a flexible implementation road map that identifies key trigger points that would (1) prompt OC San to initiate the CenGen Replacement recommendation and (2) prompt OC San to revise the current recommendation.
Assumptions:
-Layout and drawings will be produced in PDF format. AutoCAD layouts and drawings will not be provided.
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TASK 2.2 GAS USAGE
This task determines the digester gas production, quality and consumption, natural gas
consumption, and includes the following:
1. Review the estimated gas production from J-102, PS15-01, J-124 and P2-128 TPAD.
2. Develop existing and future digester gas and natural gas utilization within the process
areas (boilers, Cen Gen, and fleet).
Assumptions:
Gas Usage TM will be simplified TM with emphasis on tables and figures. Intent will be to document technical information to support Task 2.1.
TASK 2.3 HEAT BALANCE MODEL
This task develops a heat balance model and includes the following:
1. Review the J-102 heat balance model.
2. Develop a conceptual treatment plant heat balance model for each Cen Gen replacement option (except fuel cell) discussed under Task 2.1 above. The model shall include the major pieces of equipment that are involved in the power generation systems, digestion systems, and waste heat systems.
Assumptions:
-Heat Balance tm will be simplified TM with emphasis on tables and figures. Intent will be to document technical information to support Task 2.1.
-Development of a conceptual design for any additional heating and cooling systems with layout size and cost will be completed as part of Task 2.1
TASK 2.4 RENEWABLE ENERGY FUNDING AND MARKETS
Identify current funding (Federal and State grants, FEMA, etc.) available for proposed current projects and potential funding available for future projects. Define the applicability of the funding, available amount, and the requirements, including reporting needs.
Evaluate the maturity and long term projections of the renewable and non-renewable energy markets that will impact the long term recovery plan for the project(s). Include renewable fuel and energy, renewable energy mandates and portfolio standards, and carbon “Cap and Trade” markets (CARB, AB32).
Funding will be reviewed prior to Task 2.1.3; and funding will be reviewed after making final recommendations as part of the road map development under Task 2.1.5.
Task 2 Deliverables:
• Digester Gas Usage Techical Memorandum
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• Heat Balance Technical Memorandum
• Cen Gen Replacement Technical Memorandum
• Renewable Energy Funding and Markets Technical Memorandum
TASK 3 – ENERGY RESILIENCY AND INDEPENDENCE
OC SAN’s future policy statement under the Energy Independence Policy of the 2021 Strategic Plan states:
1. 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.
2. 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.
3. 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.
4. 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.
The Plant 1 battery storage system is owned and operated by a third-party based on incentives offered by SCE to the third party to manage grid loads. It is not operated to maximize OC SAN’s savings, although OC SAN does realize significant savings.
Under the SCE LCR Program, the Plant 1 battery storage system may operate from 8 am to 9 pm. According to the battery storage system operator, the battery storage system is typically operated for 4 hours between 2 pm and 9 pm. During battery storage operation, there is approximately 500 to1,000 kW of power imported from SCE based on current load data. This remaining demand is available to be offset by solar power.
In 2023, the Headquarters Building will be online and will be powered from Plant 1, Headworks
Power Building 3. The Headquarters Building has been designed with solar power.
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Plant 2 typically operates at near net zero import using three central generators fueled by digester gas and additional natural gas. Future Plant 2 loads consist of the OCWD Pump
Station, J-124 Gas Compressor Facility Replacement (increased loads), and the future P2-128 TPAD Digester Facility at Plant 2. The future P2-138 Operations and Maintenance Complex at Plant 2 is planning to add solar in the parking lot and on the roof to offset some loads.
The space at Plants 1 and 2 continues to be very valuable for future process areas and construction project staging and laydown areas. There is potential space along the interplant right of way that could be used for solar, specifically, across Garfield Avenue from the southeast corner of Plant 1, along the Santa Ana River.
This task reviews alternative power generation and energy storage methods to achieve net zero import. CONSULTANT shall perform the following:
• Evaluate the Plant 1 dry weather flow load profile (current load and future load from projects currently in design) and determine the benefit and feasibility of adding solar, or solar with batteries, with and without Cen Gen as a normal power source. Include lifecycle costs, layout, and other key issues. Exhibit 3 – Typical Plant 1 Power Flow for 1 Day shows the typical power flow changes throughout the day (based on varying plant loading and STEM Tesla battery operation during peak power demand).
• Evaluate the Plant 2 dry weather flow load profile (current load and future load from projects currently in design) and determine the benefit and feasibility of adding solar, or solar with batteries, with and without Cen Gen as a normal power source. Include lifecycle costs, layout, and other key issues. Typically the present P2 loading varies between 6 to 7.5 MW on a typical day.
• OC San will be switching to “Direct Access”. Utilize these rates for cost benefit analysis.
Task 3 Deliverables:
• Energy Resiliency and Independence Technical Memorandum
Assumptions:
-Layout and drawings will be produced in PDF format. AutoCAD layouts and drawings will not be provided.
TASK 4 – CIP PROJECT DEVELOPMENT
Under this task, the CONSULTANT shall develop a Capital Improvement Program (CIP) project
plan for the IC engine replacement for Plant Nos. 1 and 2. The timing shall be based on the inability to maintain the engines due to lack of parts, qualified companies are no longer available to perform the bottom-end overhauls, SCAQMD regulations change and prevent the operation of Cen Gen and/or one of the identified future generation trigger points occurs. The CIP project plan development shall include the projects recommended by this study under Task 2. In addition, the project plan shall include the project(s) identified in Task 3.
Based on the study results of Task 1, 2 and 3, the CONSULTANT shall develop the descriptions of project(s) and phase(s) to construct the proposed projects at Plant Nos. 1 and 2, including an implementation plan.
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Task 4 will include two focus meeetings with OC San. One focus meeting will be dedicated to Plant 1 and the other to Plant 2.
Task 4 Deliverables:
• Project Implementation Technical Memorandum
Assumptions:
-Layout and drawings will be produced in PDF format. AutoCAD layouts and drawings will
not be provided.
TASK 5 – ENERGY AND DIGESTER GAS MASTER PLAN
Upon completion of the technical memoranda, the CONSULTANT shall compile all the
documents into a draft Energy and Digester Gas Master Plan (Master Plan) with an executive summary for distribution and review. The CONSULTANT shall address all OC SAN staff comments in a final report.
The final Master Plan shall include all the materials listed in the draft Master Plan, but reflect the final comments received during the review of the draft Master Plan. Please note that one single *.pdf must be delivered for the final report that contains the entire report document. Appendices
may be in separate *.pdf files.
Meeting agendas and minutes, Technical Memoranda, Reports, Appendices, etc. shall be delivered to OC SAN in a *.pdf version and native electronic version. Task 5 Deliverables:
• Draft and Final Energy and Digester Master Plan
TASK 6 - PROJECT MANAGEMENT
CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, and coordination with other projects. The CONSULTANT shall be responsible for
managing all subconsultants, including the assignment of scope, management of deliverables and schedules, reporting of progress, invoicing, and quality control.
TASK 6.1 PROJECT MANAGEMENT PROGRESS MEETINGS
CONSULTANT shall prepare an agenda and conduct monthly project management meetings with OC SAN’s Project Manager and the CONSULTANT’s Project Manager. The purpose of the meetings will be to review CONSULTANT’s overall project progress and monthly Progress
Report. Other meetings shall be scheduled on an as-needed basis. Assume 12 meetings.
TASK 6.2 PROJECT SCHEDULE
CONSULTANT shall create a detailed project schedule. The schedule shall include milestones for all dates listed in Section III – Project Schedule. The schedule shall be based on the same
PS21-04 – Energy and Digester Gas Master Plan SOW
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work breakdown structure used for estimating earned value as described in “Progress Reports” above. Schedule updates shall be submitted with the monthly Progress Report.
At a minimum, the schedule shall indicate the following:
• Projected start date and finish date for each activity
• Each project task and subtask in the WBS with predecessors and successors
• Major meetings and workshops
• Physical percent complete for each activity in the WBS and percent complete by Task
CONSULTANT shall prepare planned, actual and earned value curves for the Baseline Schedule and for monthly updates. Monthly updates shall also include Cost Performance Index (CPI) and Schedule Performance Index (SPI) calculations.
TASK 6.3 PROJECT LOGS
CONSULTANT shall produce and maintain at least on a monthly basis the following logs through the course of the project:
Project Decision Log. The project decision log shall track decisions made during workshops and meetings, and as a result of OC SAN review of deliverables. The log shall include the date of the decision, the title of the meeting, where it was made (if applicable), a description of the decision, and a brief summary of the impacts.
Action Item Log. The action item log is used to track action items generated during meetings. Action items may only be assigned to members of the OC SAN or CONSULTANT teams. If
action is required by a different party, the action item shall be assigned to the person on the team to track who will track the action item with that person. The action item log is not intended to include normal CONSULTANT tasks, nor to include comments on deliverables. The Action
Item log shall include a tracking number (typically coded to the date), a date it was created, a description of the action required, the lead person, and the date it was resolved. If action is required by more than one person, the person who will be asked to coordinate that action shall
be listed.
Meeting Log. See Task 7 Meetings and Workshops.
TASK 6.4 PROGRESS REPORTS
CONSULTANT shall submit monthly progress reports at the same time as monthly invoices that include the following contents:
• Work activities completed to date, in the current reporting period, and projected for the coming month.
• A brief description of outstanding issues and their potential for impact on scope, schedule (design and construction), budget (design and construction) and quality.
• Potential changes in the project scope or design scope.
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• Budget status including estimates of actual costs to date, earned value, costs to complete, and costs at completion.
• Schedule status with a description of any variances between scheduled and forecasted milestone dates.
• A discussion of corrective actions to be taken to avoid or mitigate cases where the project schedule is expected to be delayed.
TASK 6.5 PROJECT INVOICES
The invoices shall document the man-hours and billing rate for each person that works on the project. Overhead, profit and any direct costs shall also be shown for each task. As part of the summary section of the invoice, CONSULTANT shall also include the following information:
• Budget
• Current billing period invoicing
• Previous billing period “total invoiced to date”
• Budget Amount Remaining
• Current billing period “total percent invoiced to date”
• ETC for each Task & Subtask
Approval of an invoice by OC SAN requires a Progress Report for the period covered by the invoice. Payment of an invoice will be delayed until the Progress Report is submitted. OC SAN will provide a sample invoice structure to CONSULTANT at the beginning of the project. TASK 7 – MEETINGS AND WORKSHOPS
CONSULTANT shall hold virtual meetings and workshops throughout the project to keep OC SAN apprised of the job, review work-in-progress, share information, discuss project submittals, present findings of technical analyses, receive and resolve comments, and obtain decisions and direction by OC SAN staff. This task defines the major meetings and workshops to be held by the CONSULTANT.
CONSULTANT shall assume the following meetings will be required.
PS21-04 – Energy and Digester Gas Master Plan SOW
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Task Number of Meetings/ Workshops Proposed Topics
N/A • One 2-hr Project Kickoff
1 • Twelve 1-hr
Meeting
• Four 1-hr meetings for task 1.1 topics
• Four 1-hr meetings for task 1.2 topics
• Four 1-hr meetings for task 1.4 topics
1 • One 2-hr Workshop • Review draft Task 1 TM
2 • Fifteen 1-hr Meetings • Eleven 1-hr meetings for task 2.1 topics
• Two 1-hr meetings for task 2.2 and 2.3
• Two 1-hr meetings for task 2.4
2 • One 2-hr Meeting • Discuss Cen Gen Replacement alternatives TM
2 • One 2-hr Workshop • Review draft Task 2 TMs
3 • Two 1-hr Meetings • Discuss energy resilience and independence sizing and location.
• Discuss options
3 • One 1-hr Workshop • Review draft Task 3 TM
4 • Two 1-hr Meetings • Focus meetings dedicated to Plant 1 and Plant 2 CIP
4 • One 1-hr Workshop • Discuss proposed CIPs for the project
4 • One 1-hr Meetings • Review draft Task 4 TM
5 • One 1-hr Workshop • Present the draft Energy and Digester Gas Master Plan
5 • One 2-hr Workshop • Review responses to OC SAN comments on draft report 5 One 1-hr Workshop Present Energy and Digester Gas Master Plan to the EMT
CONSULTANT shall transmit the minutes to the OC SAN Project Manager within three business days of the meeting in MS Word format using OC SAN’s template, or an approved substitution.
A copy of all comments on project issues obtained by CONSULTANT from OC SAN staff without direct OC SAN Engineering Project Manager’s involvement shall be submitted for the Project Manager’s approval within three business days of receipt.
TASK 8 - QUALITY CONTROL
CONSULTANT shall be responsible for the technical adequacy and quality control of the work. Prior to the submittal to OC SAN, each portion of a submittal shall be thoroughly reviewed and corrected by a member of the CONSULTANT’s QC Team. The reviewer shall attest to their
PS21-04 – Energy and Digester Gas Master Plan SOW
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review in the form of a written affidavit outlining the submittal subject and identifying the corrected deficiencies.
V. GENERAL REQUIREMENTS
GENERAL
Working Hours
CONSULTANT’s on-site staff shall conform to OC SAN work schedules, unless otherwise approved by OC SAN. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements. Meetings with OC SAN staff shall be scheduled from Monday through Thursdaybetween the hours of 8:00 AM and 4:00 PM.
Software
The CONSULTANT is expected to develop and provide the deliverables using the standard software currently approved for use by OC SAN. The standard OC SAN software includes, but is not limited to, the following:
Windows 10 Professional
Microsoft Internet Explorer 11
AutoCAD Plant 3D version 2018 (for P&ID drawings only)
Autodesk software 2018 (AutoCAD, AutoCAD Map3D or compatible dwg file format)
Microsoft Office 365
Bluebeam Revu eXtreme (version 2018.2)
Primavera P6 for scheduling
Any software that the CONSULTANT needs to comply with these standards shall be purchased and maintained by the CONSULTANT at no additional cost to OC SAN. In the event OC SAN provides the CONSULTANT with access to OC SAN software and hardware at an OC SAN facility in order to facilitate performance of their work, all software shall remain the property of OC SAN. Only software licensed to OC SAN shall be installed on OC SAN equipment. In addition, only OC SAN’s IT Department staff will perform the installation of this software.
Submittal Review using Bluebeam
OC SAN has standardized on the use of Bluebeam Revu for reviewing and providing comments to PDF files. Prior to submitting electronic PDF files, format them as indicated below (underlined text refers to commands or functions within the Bluebeam software).
1. Flatten file with Document\Flatten
2. Reduce file size with Document\Process\Reduce File Size
PS21-04 – Energy and Digester Gas Master Plan SOW
Page 25 of 26
3. Make PDF searchable with Document\OCR
4. Create page labels with Thumbnails Toolbar\Create Page Labels
5. Create bookmarks with Create Bookmarks\Page Labels
6. Enable hyperlinks with File\Batch\Link\New
PMWEB Procedures
This Agreement shall utilize PMWeb as the Project Control Management System (PCMS) for overall management of the Agreement. All PCMS related documents requiring formal signatures shall be digital, and all copies digitally distributed. The PCMS conforms to the requirements set forth in California Government Code section 16.5 regarding digital signatures; therefore, digital signatures are in full force and effect and are legally the same as hand-written signatures. At least one PCMS account shall have the authority to approve Amendments.
OC SAN shall maintain the PCMS and serve as the administrator for the duration of this Agreement. OC SAN will provide the CONSULTANT with user access for approved personnel as needed for the duration of the Agreement. OC SAN shall control access to the PCMS by assigning user profiles and login credentials. Notify OC San of any changes to personnel. Access modifications shall be coordinated as needed throughout the Agreement. Do not share PCMS account passwords with anyone inside or outside of the CONSULTANT’s company.
Routine maintenance of the PCMS system may be required during the Agreement. Access to the PCMS system may be restricted or unavailable at these times and will be scheduled outside of typical working hours whenever possible.
The PCMS is a web-based environment and is therefore subject to the inherent speed and connectivity problems of the Internet. The CONSULTANT is responsible for its own connectivity to the Internet. PCMS response time is dependent on the CONSULTANT’s equipment, including processor speed, Internet access speed, Internet traffic, etc.
OC SAN will not be liable for any delays associated with the utilization of the PCMS including, but not limited to, slow response time, down time periods, connectivity problems, or loss of information.
OC SAN will provide a one-time free training session of up to two (2) hours to train CONSULTANT’s designated staff on general system requirements, procedures, and methods.
Automated system notifications generated via PCMS (e.g.; in-system notices, system generated email, or email with attachment) shall constitute a formal written notification in compliance with the Professional Services Agreement (PSA
VI. STAFF ASSISTANCE
OC SAN staff member or designee assigned to work with CONSULTANT on the design of this project is Carmen Quan at (714) 593-7415, e-mail to: cquan@ocsan.gov.
PS21-04 – Energy and Digester Gas Master Plan SOW
Page 26 of 26
EXHIBITS:
Exhibit 1 Updating OC San Procedures
Exhibit 2 Project Management Requirements
Exhibit 3 Project Reference Material
A. J-102 Strategic Plan Update – Energy Master Plan
B. PS15-01 Biosolids Master Plan
C. J-124 Design Memo 1
D. P2-128 Preliminary Design Report, Volume 1,DM01A
E. PS20-04 Power Generation Overhaul Feasibility Study
F. Typical Plant 1 Power Flow for 1 Day
G. Project PS18-11 P2 Loading Data
H. P1 Sample Load Criticality Table
I. P2 Sample Load Criticality Table
J. P1 Single Line Diagram Drawing List
K. P2 Single Line Diagram Drawing List
Exhibit 4 Sample Construction Cost Estimate Format
MD:CQ:gr:sa
https://ocsdgov.sharepoint.com/sites/ProjectPS21-04/ContractDocumentation/PS21-04 Attachment A SOW.docx
5/23/2022
1
Energy and Digester Gas Master Plan
Project No. PS21‐04
Presented by:
Mike Dorman
Eng. Manager
Operations
Committee
June 1, 2022
Future Policy Statement
“OC San seeks to be energy independent
by self-generating all the electrical and
thermal energy necessary to sustain
operations.”
Energy Independence Policy
2
1
2
5/23/2022
2
Background ‐Central Generation
Central Generation Facilities installed in the early 1990s at Plants Nos. 1 and 2
Chilled Water Buildings
(Plant No. 1)
Heat for
Digesters
(Plant Nos. 1 and 2)
Steam ‐> Electricity
(Plant No. 2)
Capacity
Plant No. 1: (3) 2.5MW
Plant No. 2: (5) 3MW
(1MW Steam Turbine)
Total Generation
10‐11MW (total both plants)
Plant No. 1: 40‐60% of plant load
Plant No. 2: 95% of plant load
Digester Gas
3
• All engines need 1
st bottom-end overhaul (120,000 hrs)
• Plant No. 1, Engine 1: Two catastrophic engine failures
• PS20-04 Power Generation Overhaul Feasibility Study: Viable
to overhaul engines for the next 20 years
• Recently successfully
completed P1, Engine 1
• Negotiating overhaul costs:
• Plant No. 1: 1 engine
• Plant No. 2: 3 engines
Background ‐Engine Overhaul
4
3
4
5/23/2022
3
5
1. Develop a long‐term plan for Cen Gen
if overhauls are no longer viable in the
future or if South Coast Air Quality
Management District’s future
regulations prevent the operation of
the engines
2. Develop a standby power policy to
maintain permit compliance
3. Develop an energy resiliency and
independence strategy
Study
Objectives
Cen Gen Replacement Options
Internal Combustion EnginesInternal Combustion Engines
Renewable Natural Gas (RNG)
(with Cen Gen Standby Power)
Renewable Natural Gas (RNG)
(with Cen Gen Standby Power)
Fuel CellFuel Cell
Recommendation
and Future Key
Trigger Points
Recommendation
and Future Key
Trigger Points
Energy
Resiliency and
Independence
TurbinesTurbines Screen and
Evaluate
Alternatives
Screen and
Evaluate
Alternatives
6
5
6
5/23/2022
4
Plant Process Flow Diagram
Digesters
Groundwater
Replenishment
System
Outfall
Pumping
Compost and
Land Application
Primary
Treatment
Preliminary
Treatment
Ocean
Water
Solids
Secondary
Treatment
Dewatering Truck Loading
7
Loads Fed from Standby Power
Digesters
Groundwater
Replenishment
System
Outfall
Pumping
Compost and
Land Application
Secondary
Treatment
Primary
Treatment
Preliminary
Treatment
Ocean
Water
Solids
Plant No. 1 (partial)
Plant No. 2
Dry Weather
Plant No. 1
Trickling Filters,
Life Safety
Life Safety
Dewatering Truck Loading
Plant No. 1
8
7
8
---+
---+ '
5/23/2022
5
Loads Fed from Cen Gen
Digesters
Groundwater
Replenishment
System
Outfall
Pumping
Truck Loading Compost and
Land Application
Primary
Treatment
Preliminary
Treatment
Ocean
Water
Solids
Future TPAD
Digesters Plant No. 2
Wet Weather
Secondary
Treatment
Dewatering
9
Update OC San Procedures
Update IERP, Vol II
05‐Utility Outages
Update Electrical Outage
Emergency Operation
Procedure (EOP)
Update Standby Power
Standard Operating
Procedure (SOP)
10
9
10
---+ ---+
---·---------
. ___ .. ____ _ . _ .. _ .. ___ _ , ___ ,. __ _
-·-------·--------·---.. ---
5/23/2022
6
Energy Independence
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
12:00 AM 8:00 AM 9:00 PM 12:00 AM
Plant Load Profile
kW Peak Power (Direct Access)
11
Energy Independence
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Plant Load Profile
Solar Panels
kW
12:00 AM 8:00 AM 9:00 PM 12:00 AM
Peak Power (Direct Access)
12
11
12
,..,..__
I
'-...:..... __ , ___
,..,..__
I
_____,.,
I
_____,.,
I
-
5/23/2022
7
Energy Independence
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Plant Load Profile
Battery
Charging
Battery Discharge
kW
12:00 AM 8:00 AM 9:00 PM 12:00 AM
Battery
Charging
Solar Panels
Peak Power (Direct Access)
13
Energy Independence
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
Plant Load Profile
Battery
Discharge
Battery
Charging
kW
12:00 AM 8:00 AM 9:00 PM 12:00 AM
Peak Power (Direct Access)
14
13
14
I
,..,..__
I
I
I
I
I
I
I
I
I
_____,.,
I
_____,.,
I
I
5/23/2022
8
15
•Three proposals received
•Interviewed all three firms
•Brown and Caldwell selected
•Clear project understanding
•Good project execution approach
•Good experience on studies and
projects utilizing digester gas
Selection
Process
16
Negotiations
Original Proposal Negotiated
Total Hours 6,149 5,794
Total Fee $1,544,692 $1,438,037
•Reduced effort on updating existing procedures
•Reduced effort evaluating details of replacement alternatives
15
16
5/23/2022
9
17
Recommend to the Board of Directors to:
A. Approve a Professional Services Agreement with
Brown and Caldwell to provide engineering services
for the Energy and Digester Gas Master Plan,
Project No. PS21‐04, for an amount not to exceed
$1,438,037; and
B. Approve a contingency of $143,804 (10%).
Recommendation
Questions
?
18
17
18
l
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1944 Agenda Date:6/1/2022 Agenda Item No:7.
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: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Redhill Relief Sewer Relocation at
State Route 55, Project No. FE18-13;
B. Award a Construction Contract to SRK Engineering, Inc. for Redhill Relief Sewer Relocation at
State Route 55, Project No. FE18-13 for an amount not to exceed $2,213,000; and
C. Approve a contingency of $331,950 (15%).
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.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
·Protect OC San assets
PROBLEM
The SR-55 Improvement Project will widen the freeway over an existing OC San sewer. To protect
the sewer, OC San must encase the sewer in the newly widened right-of-way and move an interfering
manhole outside the freeway limits.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1944 Agenda Date:6/1/2022 Agenda Item No:7.
PROPOSED SOLUTION
Award a contract for Redhill Relief Sewer Relocation at State Route 55 to SRK Engineering,Inc.
This project will extend a protective casing for the portions of the sewer to remain under the widened
freeway and relocate a manhole out of the widened right-of-way.Moving the manhole requires a
sewer realignment and the addition of three new manholes to avoid a retaining wall along Warner
Avenue.
OCTA has agreed to compensate OC San for the cost of this work,as documented in a March 2020
Utility Agreement between the agencies and later updated in a September 2021 Utility Agreement
Amendment.
OC San’s sewer work must be performed before the freeway can be widened.Due to site
constraints,OCTA acquired temporary construction easements from the impacted businesses.To
minimize disruptions to the impacted businesses and avoid delaying OCTA’s freeway widening
project, OC San must complete construction within a four-month window.
Although high change orders are not anticipated,the work is complex and if an unforeseen condition
created significant problems,staff might be unable to resolve the issue without waiting for the next
available Board meeting.For this reason,staff is requesting a higher-than-usual contingency of 15%.
OCTA is funding the sewer work and supports the higher contingency.
TIMING CONCERNS
Construction delays would require the temporary construction easements to be extended at a
significant cost impact to OCTA.OC San construction delays could also impact OCTA’s freeway
schedule.
RAMIFICATIONS OF NOT TAKING ACTION
OC San is obligated to relocate the sewer to accommodate the freeway widening project and OCTA
is obligated to reimburse OC San’s costs.
PRIOR COMMITTEE/BOARD ACTIONS
March 2020 -Approved Utility Agreement No.OCSD-1005 between 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.
September 2021 -Approved the First Amendment to Utility Agreement No.OCSD-1005 between
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.
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File #:2021-1944 Agenda Date:6/1/2022 Agenda Item No:7.
ADDITIONAL INFORMATION
The stretch of sewer under the freeway has a number of cracks.OC San,with the agreement of
OCTA,has included in this contract repair of that pipe so that it can be done with no additional
bypass pumping,saving significant costs and risks.The cost for this portion of the work will not be
reimbursed by OCTA.
OC San advertised Project No.FE18-13 for bids on March 15,2022 and two sealed bids were
received on April 26, 2022. A summary of the bid opening follows:
Engineer’s Estimate $ 2,076,000
Bidder Amount of Bid
SRK Engineering, Inc.$ 2,213,000
MMC, Inc.$ 2,479,551
The bids were evaluated in accordance with the OC San’s policies and procedures.A notice was
sent to all bidders on May 6,2022 informing them of the intent of OC San staff to recommend award
of the Construction Contract to SRK Engineering, Inc.
Pre-bid surveys of plan holders indicated four contractors intended to bid this project.In a post-bid
survey,staff learned that two of those contractors had a busy workload and another did not meet the
experience requirements.SRK Engineering was not included in the pre-bid survey because they
were not a plan holder when the surveys were conducted.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, SRK Engineering, Inc., for a total amount not to exceed $2,213,000.
CEQA
The Caltrans/OCTA SR-55 Improvement Project includes the relocation and protection of the Redhill
Relief Sewer in their Initial Study/Mitigated Negative Declaration/Environmental Assessment.
This project also includes a sewer repair element.That portion of the work 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 OC San'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.
OCTA will reimburse OC San for costs related to this construction project,with the exception of the
lining work, which will be covered by operating funds.
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File #:2021-1944 Agenda Date:6/1/2022 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:
·Construction Contract
RD: jw
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C-CA-010422
PART A
CONTRACT AGREEMENT
C-CA-010422
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ....................................................................................... 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATIONS ....................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION .................................................................................. 9
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 22
SECTION – 18 TERMINATION ............................................................................... 22
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 24
SECTION – 23 NOTICES ....................................................................................... 25
CONFORMED C-CA-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE18-13
REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55
THIS AGREEMENT is made and entered into, to be effective, this June 22, 2022, by and
between SRK Engineering, Inc., hereinafter referred to as “CONTRACTOR” and the Orange
County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
C-CA-010422 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 2 of 26
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 and Special Provisions
d. Permits and other regulatory requirements
e. General Conditions (GC)
f. Notice Inviting Bids and Instruction to Bidders
g. Geotechnical Baseline Report (GBR), if attached as a Contract Document
h. 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
i. 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-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 3 of 26
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 OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. FE18-13
REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55
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SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE18-13
REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall diligently
prosecute the Work to completion within three hundred sixty-five (365) calendar days from the
date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or authorized by OC
SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General
Conditions. The time for completion includes fourteen (14) calendar days determined by OC SAN
likely to be inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
and requirements set forth in Appendix A of the Special Provisions entitled “Work Completion
Schedule.”
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
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and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
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In the event a Change Order is issued by OC SAN pursuant to the Contract Documents,
OC SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of Two Million Two Hundred Thirteen
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Thousand Dollars ($2,213,000) 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
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
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B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be determined
as provided in the General Conditions, “Retained Funds; Substitution of Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
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Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
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F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
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Changes”, the following insurance in amounts not less than the amounts specified. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OC SAN in connection with the planning, development and construction of the Project.
In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages,
if applicable) related to the Work, CONTRACTOR shall include clauses providing that each
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insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Five Million Dollars ($5,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) 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 Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Ten Million
Dollars ($10,000,000) 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.
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c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self-insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of automobile
liability insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limit of
liability coverage: combined single limit of Two Million Dollars ($2,000,000) for bodily
injury, personal injury, and property damage.
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3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of Two Million Dollars
($2,000,000) 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.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Two Million
Dollars ($2,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
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If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has
the right to approve or reject such coverage in its own discretion. If written on a
claims-made basis, the CONTRACTOR warrants that any retroactive date applicable
to coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OC SAN.
At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants,
and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
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b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
writing of any change in the terms of insurance, including reduction in coverage or
increase in deductible/SIR, within two (2) working days of receipt of such notice or
knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
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 VII, or better, in accordance with the most current A.M. Best Rating Guide. OC
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SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, certificate of liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OC SAN with the above
referenced required documents.
CONFORMED C-CA-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 21 of 26
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent
certificate of insurance form
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG 00 01
b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN
may reject alternatives that provide different or less coverage to OC SAN.
c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
b. Cancellation Notice No endorsement is required. However, CONTRACTOR is
responsible for notifying OC SAN of any pending or actual insurance policy cancellation, as described in
Article C.2., Cancellation and Policy Change Notice, above.
4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
C-CA-010422 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 22 of 26
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OC SAN, its directors, officers, agents, consultants and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 or alternatively in both
CG 20 10 and CG 20 37 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OC SAN for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
CONFORMED C-CA-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 23 of 26
effected by OC SAN, 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 OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
C-CA-010422 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 24 of 26
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
[THIS SECTION INTENTIONALLY LEFT BLANK]
CONFORMED C-CA-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 25 of 26
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire
Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: SRK Engineering, Inc. 2615 Auto Park Way Escondido, CA 92029
Copy to: Sherry R. Kirkpatrick, President SRK Engineering, Inc. 2615 Auto Park Way Escondido, CA 92029
C-CA-010422 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 26 of 26
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: SRK Engineering, Inc.
2615 Auto Park Way
Escondido, CA 92029
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 1017836 (Expiration Date – 8/31/2022)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
John B. Withers Board Chairman
By______________________________ Date _________________
Kelly A. Lore Clerk of the Board By______________________________ Date _________________ Ruth Zintzun Purchasing & Contracts Manager
C-EXA-062221
EXHIBIT A SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 6
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
CONFORMED C-EXA-062221 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-062221 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 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 OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
CONFORMED C-EXA-062221 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-062221 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the
CONFORMED C-EXA-062221 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 5 of 8
changes, and shall submit the revised application for Final Payment. Upon acceptance by OC SAN, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OC SAN, and agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a
certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the
certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under
the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
C-EXA-062221 CONFORMED PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 6 of 8
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment
and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
CONFORMED C-EXA-062221 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-062221 CONFORMED PROJECT NO. FE18-13REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55
Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages from the Bid Submittal Forms (SRK Engineering)
BF-14 Schedule of Prices, Pages 1-3
BF-14 SCHEDULE OF PRICES C-BF-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 1 of 3
Bid Submitted By: _______________________________________ (Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS A. General
For Unit Prices, it is understood that the following quantities are approximate only and are solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be more or less than those shown. CONTRACTOR’s compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at time of award, plus any additional or deleted costs approved by OC SAN via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary, provides that the total price for each item shall be based on the Unit Price listed for each item multiplied by the quantity; and the correct Total Price for each item shall be totaled to determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and services for the construction of the Project per the Contract Documents.
IEISRl<ENGINEERING
BF-14 SCHEDULE OF PRICES C-BF-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 2 of 3
Bid Submitted By: ______________________________________ (Name of Firm)
SCHEDULE OF PRICES BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item No. Description Unit of Measurement Approx Qty Unit Price Extended Price
1. Mobilization: Initial progress payment for all fees, labor, materials, equipment, and other activities required for mobilization, as described in Specifications Section 01155 and in conformance with the Contract Documents, for the lump sum price of…
Lump Sum 1 = $84,000.00
2. City of Santa Ana, City of Tustin, and Caltrans Encroachment Permit
Fees: This item is an allowance for all labor, permits, plan checks, and inspection fees required by the City of Santa Ana, City of Tustin, and
Caltrans during construction of the Work, as described in Specifications Section 01155 and in conformance with the Contract Documents.
Allowance 1 = $20,000.00
3. Sheeting, Shoring, and Bracing: Work under this item shall include all labor, materials, and equipment required to provide furnishing, erecting, maintaining and removal of sheeting, shoring and bracing and other equivalent methods, as required, for protection of life and limb and utilities in trenches, open excavations and confined spaces, as described in Specifications Section 01155 and in conformance with the Contract Documents, for the lump sum price of...
Lump Sum 1 = $
4. Cure-In-Place-Pipe (CIPP) Liner: Work under this item shall include all labor, materials, and equipment required, as described in Specifications Section 01155 and in conformance with the Contract Documents, for the lump sum price of…
Lump Sum 1 = $
110,000
90,000
IEISRl(ENGINEERING
BF-14 SCHEDULE OF PRICES C-BF-010422 PROJECT NO. FE18-13 REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55 Page 3 of 3
5. All Other Portions of the Work: Furnish all labor, materials, and equipment necessary for the completion of the Contract Work, except for the Work specified for Bid Item No. 1, Bid Item No. 2, Bid Item No. 3, Bid Item No. 4, and Bid Item No. 6, as described in Specifications Section 01155 and in conformance with the Contract Documents, for the lump sum price of…
Lump Sum 1 = $
6. Demobilization: Work under this item shall include all labor, materials, and
equipment required, as described in Specifications Section 01155 and in conformance with the Contract Documents for the lump sum price of… Lump Sum 1 = $21,000.00
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
1,888,000
2,213,000
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2141 Agenda Date:6/1/2022 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
BUSHARD DIVERSION STRUCTURE REPAIR, PROJECT NO. MP-307
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Bushard Diversion Structure Repair,
Project No. MP-307;
B. Award a Construction Contract to Abhe & Svoboda, Inc. for Bushard Diversion Structure
Repair, Project No. MP-307 for an amount not to exceed $1,762,545; and
C. Approve a contingency of $176,255 (10%).
BACKGROUND
The Bushard Diversion Structure is a below-grade concrete structure in Bushard Street just north of
the intersection with Ellis Avenue in the City of Fountain Valley. The structure is used to divert
wastewater into Orange County Sanitation District’s (OC San) Plant No. 1 that would otherwise flow
to Plant No. 2 to make more flow available for recycling through the Groundwater Replenishment
System. Staff can also use the structure to adjust the flow split between the two plants to facilitate
planned maintenance. The structure includes two gates with modulating actuators to control how
much flow is diverted to Plant No. 1. Due to the highly corrosive and potentially explosive gases in
the structure, the motor actuators are self-contained and explosion proof.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Meet volume and water quality needs for the GWRS
PROBLEM
The corrosive atmosphere within the Bushard Diversion Structure has damaged conduits, wiring, and
hydraulic hoses for the two large valve actuators. As a result, one of the two valves is inoperable,
and the other can only be operated manually. Manual operation involves setting up traffic control,Orange County Sanitation District Printed on 5/25/2022Page 1 of 3
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2141 Agenda Date:6/1/2022 Agenda Item No:8.
and the other can only be operated manually.Manual operation involves setting up traffic control,
shutting down traffic lanes,opening the sewer,and performing a manned,confined-space entry.
Entry during high flow rain events,when flow control is most important,is unsafe.Damage to
concrete and the PVC liner has also been observed.
PROPOSED SOLUTION
Award a construction contract for Bushard Diversion Structure Repair,Project No.MP-307.This
project will replace the valve actuators on both valves,eliminating the need to enter the structure
when operating the valves. It will also repair areas where the concrete liner has failed.
TIMING CONCERNS
Failure of the valves during peak wet-weather flows could lead to flow obstructions and sewage spills
requiring a complex entry under emergency conditions.One of the valves currently cannot be
operated at all.
RAMIFICATIONS OF NOT TAKING ACTION
The reliable operation of the valves will remain compromised.
PRIOR COMMITTEE/BOARD ACTIONS
May 2020 -Received and filed Bid Tabulation and Recommendation for Bushard Diversion Structure
Repair,Project No.MP-307 and rejected the bid received from Mehta Mechanical Company,Inc.and
directed staff to reissue the contract for bids with changes made to prolong the life of the repairs.
ADDITIONAL INFORMATION
When similar repair work for this equipment was first bid in 2020,only one bid was received.OC San
decided to reject that bid with the intent to rebid the job with some scope changes.For this bid
package,OC San staff engaged with a contractor experienced in this type of work to obtain feedback
on constructability and safety concerns.
OC San advertised Project No.MP-307R for bids on January 24,2022.Due to concerns about
bidder interest,staff contacted firms on the plan holder list to encourage them to bid.Based on that
survey,staff expected two bids.On March 15,2022 only one sealed bid was received.A summary
of the bid opening follows:
Engineer’s Estimate $ 1,200,000
Bidder Amount of Bid
Abhe & Svoboda, Inc.$ 1,762,545
The one bid received is 50 percent higher than the engineer’s estimate.Staff has reviewed the cost
breakdown provided by Abhe &Svoboda,Inc.The bulk of the difference is attributed to traffic
control,electrical work,and indirect costs such as overhead and profit.The traffic control and
electrical cost difference indicate the contractor assumed much lower productivity rates.The
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File #:2022-2141 Agenda Date:6/1/2022 Agenda Item No:8.
difference in indirect costs suggest ASI knew there was significant risk executing this work.
The project presents significant business and technical risks to any bidders.With these risks,along
with the fact that virtually all the work requires specially trained staff to perform permit-required
confined space entries,bidders are likely to focus their attention on more appealing opportunities.
This is particularly true now when many agencies are advertising construction contracts.
The bids were evaluated in accordance with OC San’s policies and procedures.A notice was sent to
the bidder on May 9,2022 informing the bidder of the intent of OC San staff to recommend award of
the Construction Contract to Abhe & Svoboda, Inc.
Rejecting this bid would require a further modification of the scope of work.Rebidding would delay
the needed repairs and likely would not attract more bidders or lower the cost.For this reason,staff
recommends awarding a construction contract to the lowest responsive and responsible bidder,Abhe
& Svoboda, Inc., for a total amount not to exceed $1,762,545.
CEQA
The project is exempt from CEQA under both a categorical exemption and statutory exemption set
forth in California Code of Regulation Section 15301 and the Public Resources Code section
21080.21.A Notice of Exemption will be filed with the OC Clerk-Recorder after OC San’s Board of
Directors award the construction contract.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This
recommendation would be funded under the Repairs and Maintenance line item for the Operations
and Maintenance Department (Budget Update Fiscal Year 2021-22,Page 45)and the available
funding is sufficient for this 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
·Presentation
SS: jw
Orange County Sanitation District Printed on 5/25/2022Page 3 of 3
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C-CA-010422
PART A
CONTRACT AGREEMENT
C-CA-010422
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL ................................................................................. 1
SECTION – 2 MATERIALS AND LABOR ........................................................... 4
SECTION – 3 PROJECT .................................................................................. 4
SECTION – 4 PLANS AND SPECIFICATIONS ................................................... 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION ........................ 5
SECTION – 6 TIME IS OF THE ESSENCE ........................................................ 5
SECTION – 7 EXCUSABLE DELAYS ................................................................ 6
SECTION – 8 EXTRA WORK ............................................................................ 6
SECTION – 9 CHANGES IN PROJECT ............................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ......................................... 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ....................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF
FUNDS ...................................................................................... 9
SECTION – 13 COMPLETION .......................................................................... 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ..................... 10
SECTION – 15 SURETY BONDS ...................................................................... 12
SECTION – 16 INSURANCE ............................................................................ 13
SECTION – 17 RISK AND INDEMNIFICATION .................................................. 22
SECTION – 18 TERMINATION ......................................................................... 23
SECTION – 19 WARRANTY ............................................................................. 23
SECTION – 20 ASSIGNMENT .......................................................................... 24
SECTION – 21 RESOLUTION OF DISPUTES .................................................... 24
SECTION – 22 SAFETY & HEALTH .................................................................. 24
SECTION – 23 NOTICES ................................................................................. 25
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. MP-307R
BUSHARD DIVERSION STRUCTURE REPAIR
THIS AGREEMENT is made and entered into, to be effective, this June 22, 2022, by and
between Abhe & Svoboda, Inc., hereinafter referred to as “CONTRACTOR” and the Orange
County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 3 of 26
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OC SAN, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OC SAN may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OC SAN may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OC SAN receives a stop payment notice from
any laborer or material supplier alleging non-payment by CONTRACTOR, OC SAN shall be
entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited
to administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. MP-307R
BUSHARD DIVERSION STRUCTURE REPAIR
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 5 of 26
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. MP-307R
BUSHARD DIVERSION STRUCTURE REPAIR
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within four hundred fifty-five (455) calendar days
from the date of the “Notice to Proceed” issued by OC SAN, excluding delays caused or
authorized by OC SAN as set forth in Sections 7, 8, and 9 hereof, and applicable provisions in
the General Conditions. The time for completion includes fourteen (14) calendar days
determined by OC SAN likely to be inclement weather when CONTRACTOR will be unable to
work.
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OC SAN, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OC SAN shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 6 of 26
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”.
OC SAN’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OC SAN specifying the exact nature of the Extra Work and the amount of
extra compensation to be paid all as more particularly set forth in Section 9 hereof and the
General Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER
Initiated Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OC SAN pursuant to the Contract Documents,
OC SAN shall extend the time fixed in Section 5 for completion of the Project by the number of
days, if any, reasonably required for CONTRACTOR to perform the Extra Work, as determined
by OC SAN’s ENGINEER. The decision of the ENGINEER shall be final.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 7 of 26
SECTION – 9 CHANGES IN PROJECT
OC SAN may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OC SAN-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OC SAN agrees to pay and the CONTRACTOR agrees to accept as full consideration for
the faithful performance of this Contract, subject to any additions or deductions as
provided in approved Change Orders, the sum of One Million Seven Hundred Sixty Two
Thousand Five Hundred Forty-Five Dollars ($1,762,545) as itemized on the attached
Exhibit “A”.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 8 of 26
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. OC SAN shall issue at
the commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract; Exhibit A, Schedule of Prices; and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OC SAN’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 9 of 26
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OC SAN;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OC SAN since the
commencement of the Work as determined by OC SAN;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OC SAN to assure satisfactory completion of
the Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions, “Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions, “Retained Funds; Substitution
of Securities.”
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 10 of 26
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment”; and Exhibit A,
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OC SAN shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OC SAN has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OC SAN. The CONTRACTOR
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 11 of 26
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, OC SAN will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OC SAN, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OC SAN as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 12 of 26
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 Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OC SAN’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OC SAN. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 13 of 26
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
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OC SAN, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OC SAN pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OC SAN by
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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. OC SAN
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OC SAN premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”). The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OC SAN herein, the
requirement(s) providing the more protective coverage for both OC SAN and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OC SAN
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
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exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OC SAN in connection with the planning, development and construction of the Project.
In all its insurance coverages (except for Professional Liability/Errors and Omissions coverages,
if applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their
officers, agents, or employees, or any other contractor or subcontractor performing Work or
rendering services at the Project. Where permitted by law, CONTRACTOR shall require similar
written express waivers and insurance clauses from each of its Subcontractors of every tier. A
waiver of subrogation shall be effective as to any individual or entity, even if such individual or
entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not
pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity
has an insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Five Million Dolars ($5,000,000) per occurrence and a general
aggregate limit of Ten Million Dollars ($10,000,000) 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 Five Million Dollars
($5,000,000) per occurrence and a general aggregate limit of Ten Million
Dollars ($10,000,000) 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
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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.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OC SAN or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the general liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the general liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 17 of 26
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: combined single limit of One Million Dollars ($1,000,000) for bodily
injury, personal injury, and property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OC SAN.
5. Workers’ Compensation/Employer’s Liability: CONTRACTOR shall provide such
workers’ compensation insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least Two Million
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 18 of 26
Dollars ($2,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OC SAN has
the right to approve or reject such coverage in its own discretion. If written on a
claims-made basis, the CONTRACTOR warrants that any retroactive date applicable
to coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
7. Inland Marine Transit coverage with limits at least equal to the values of
supplies being transported by CONTRACTOR for this Project.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OC SAN.
At the option of OC SAN, either: the Insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects OC SAN, its Directors, officers, agents, consultants,
and employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OC
SAN guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 19 of 26
a. OC SAN, its directors, officers, agents, consultants, and employees, and all
public agencies from whom permits will be obtained, and their directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OC SAN in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OC SAN shall be excess
only and not contributing with insurance provided under this policy.
2. Cancellation and Policy Change Notice.
The CONTRACTOR is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or acquisition
of such knowledge. Additionally, the CONTRACTOR is required to notify OC SAN in
writing of any change in the terms of insurance, including reduction in coverage or
increase in deductible/SIR, within two (2) working days of receipt of such notice or
knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
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).
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 20 of 26
4. If required by a public agency from whom permit(s) will be obtained, each policy of
general liability insurance and automobile liability insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
consultants, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OC SAN recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OC SAN will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OC SAN’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OC SAN will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OC SAN or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OC SAN with original certificates and mandatory
endorsements affecting coverage. Said policies and endorsements shall conform to the
requirements herein stated. All certificates and endorsements are to be received and
approved by OC SAN before Work commences. OC SAN reserves the right to require
complete, certified copies of all required insurance policies, including endorsements,
affecting the coverage required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 21 of 26
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OC SAN and any public agency issuing permits for the Project must be named
as “Additional Insured” on any general liability or automobile liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, certificate of liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OC SAN with the above
referenced required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability ACORD Form 25 or other equivalent
certificate of insurance form
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG 00 01
b. Additional Insured Including Form CG 20 10 and Products-Completed Operations Form CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN
may reject alternatives that provide different or less coverage to OC SAN.
c. Waiver of Transfer of Rights of Form CG 24 04 Recovery Against Others to Us/ Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN
approval.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 22 of 26
b. Cancellation Notice No endorsement is required.
However, CONTRACTOR is responsible for notifying OC SAN of any pending or actual insurance
policy cancellation, as described in Article C.2., Cancellation and Policy Change Notice, above. 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement 5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
OC SAN, its directors, officers, agents, consultants and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 or alternatively in both
CG 20 10 and CG 20 37 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OC SAN and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 23 of 26
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OC SAN in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OC SAN for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OC SAN, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OC SAN’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OC SAN shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OC SAN may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 24 of 26
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 25 of 26
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Abhe & Svoboda, Inc. 880 Tavern Road Alpine, CA 91901
Copy to: David Grant Abhe & Svoboda, Inc. 880 Tavern Road Alpine, CA 91901
C-CA-010422 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 26 of 26
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Abhe & Svoboda, Inc.
880 Tavern Road
Alpine, CA 91901
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 506526 (Expiration Date 03/31/2023)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________ John B. Withers Board Chairman
By______________________________ Date _________________
Kelly A. Lore Clerk of the Board By______________________________ Date _________________
Ruth Zintzun Purchasing & Contracts Manager
C-EXA-062221
EXHIBIT A SCHEDULE OF PRICES
C-EXA-062221
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OC SAN’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OC SAN shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR 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 OC SAN shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OC SAN, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OC SAN may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OC SAN’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OC SAN in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OC SAN is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 3 of 8
The failure of OC SAN to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OC SAN’s right to such sums
or to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OC SAN shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OC SAN may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OC SAN that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OC SAN as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OC SAN reviews, confirming that tax payments are current at all times.
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OC SAN, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OC SAN, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OC SAN’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OC SAN will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OC SAN, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 5 of 8
acceptance by OC SAN, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OC SAN, and
agreements are reached on all issues regarding the application for Final Payment, OC SAN, in exchange for an executed release, satisfactory in form and substance to OC SAN, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OC SAN are specifically reserved, and shall release and waive all unreserved Claims against OC SAN and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OC SAN which has not been communicated in writing by the CONTRACTOR to OC SAN as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OC SAN may make Final Payment subject to
resolution of those claims. OC SAN may withhold from the Final Payment an amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OC SAN’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OC SAN shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that previously accepted;
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 6 of 8
2. The previously accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OC SAN also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OC SAN in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OC SAN a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OC SAN may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-062221 PROJECT NO. MP-307R BUSHARD DIVERSION STRUCTURE REPAIR CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Abhe & Svoboda, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 – 2
ABHE & SVOBODA. INC. Bid Submitted By: ________________ _
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR's compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OC SAN via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead. etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES
Page 1 of 2
C-BF-010422
PROJECT NO. MP-307R
BUSHARD DIVERSION STRUCTURE REPAIR
Item
No.
1.
2.
3.
Bid Submitted By: _____ A_B_H_E_&_sv_o_B_O_D_A_._I_N_c_. ---
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Description
Mobilization. This Item shall include all fees,
labor, materials, and equipment required for all
mobilization activities performed by
CONTRACTOR in accordance with Section 01115,
Mobilization, and in conformance with the Contract
Documents for the lump sum price of ...
City of Fountain Valley Encroachment Permit
Fees: This Item is an allowance for all permits,
plan checks, and inspection fees required by the City
of Fountain Valley during Construction of the Work, in
conformance with the Contract Documents ...
All Remaining Work. Work under this Item shall
include all labor, materials and equipment
necessary for the completion of the Work, except
for the Work specified for Bid Items 1 and 2, in
conformance with the Contract Documents for the
lump sum price of ...
TOTAL AMOUNT OF BID (BASIS OF AWARD)
BF-14 SCHEDULE OF PRICES
Unit of Measurement Extended Price
Lump Sum $ 65,000
Allowance $ 25,000
Lump Sum $ !,Jo 12,5LfS .~
C-BF-010422
PROJECT NO. MP-307R
BUSHARD DIVERSION STRUCTURE REPAIR
Page 2 of 2
5/23/2022
1
Bushard Diversion Structure Repair
Project No. MP‐307
Presented by:
Jeff Mohr
Eng. Manager
Operations
Committee
June 1, 2022
Project Location: Fountain Valley
Ellis Ave
Bu
s
h
a
r
d
St
BUSHARD DIVERSION
STRUCTURE
BUSHARD DIVERSION
STRUCTURE
PLANT NO. 1
1
2
t ""
5/23/2022
2
Structure Diverts Flows Between Plants
3
Average Flow
49 mgd
To Plant No. 2
Bushard
Diversion
Structure
Interplant Line
To Plant No. 2
(Non‐Reclaimable)
Plant No. 1
4
Bidder Amount of Bid
Engineer’s Estimate $1,200,000
Abhe & Svoboda, Inc. $1,762,545
Bid Results
3
4
5/23/2022
3
5
Factors Affecting Bid Price
• High Risk / Business Challenges
• Business and technical risks
• Requires specially-trained staff
• Attractive bidding opportunities elsewhere
• Productivity assumptions
• Daily setup/take down for traffic control
• Lower daily production increases crew-days
Little or no potential for mitigation
6
Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and
Recommendation for Bushard Diversion
Structure Repair, Project No. MP‐307;
B. Award a Construction Contract to Abhe &
Svoboda, Inc. for Bushard Diversion Structure
Repair, Project No. MP‐307 for an amount not
to exceed $1,762,545; and
C. Approve a contingency of $176,255 (10%).
Recommendation
5
6
l
5/23/2022
4
Questions
?
7
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2340 Agenda Date:6/1/2022 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
FY 2022-23 AND FY 2023-24 BUDGET PRESENTATION
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Staff will provide an overview of the FY 2022-23 and FY 2023-24 Budget, including Orange County
Sanitation District Revenues, Capital Improvement and Operating expenditures, and long-term
liabilities. The budget update will be proposed for adoption at the June 22, 2022 Board of Directors
meeting.
RELEVANT STANDARDS
·Produce Operating and Capital Improvement Program Budgets every two years, with an
annual update
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Presentation
Orange County Sanitation District Printed on 5/25/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
5/19/2022
1
Proposed FY 2022‐23 &
FY 2023‐24 Budget
Wally Ritchie,
Controller
Operations
Committee
June 1, 2022
•FY 2022‐23 and FY 2023‐24 Budget
•Stable Revenues
•Challenging Inflationary Environment
•Expenses Include
•Operating
•Capital Improvement Program
•Debt Service
•Staffing –FY 2022‐23 (647 FTE) FY 2023‐24 (648 FTE)
•No New Debt
*All figures in millions unless otherwise noted
Overview
2
1
2
5/19/2022
2
Where the Money Comes From
REVENUE
3
Category 2021‐22
Projected
2022‐23
Proposed
2023‐24
Proposed
Service Fees $311.7 $326.1 $339.2
Property Taxes 107.6 109.8 112.1
Permit User Fees 12.4 12.5 12.9
Capital Facilities Capacity Charges 17.2 17.9 18.5
Interest 5.8 14.5 13.7
Intradistrict Transfers 0.0 3.5 3.5
Debt Proceeds 0.0 0.0 0.0
Other Revenue 27.2 31.1 26.1
Total Funding Sources $481.9 $515.4 $526.0
REVENUE ‐RATES
SFR Rate for FY 2022‐23
$347
$4 or 1.2% Increase
4
3
4
LA County
Fresno
IR.W
Oro Loma
OCSan
Sacramento
Hayward
East Bay MUD
Dublin
Union
San Diego
LA City
Contra Costa
Vallejo
San Francisco
$-
Annual Single Family Residential Rates
(July 2021)
$226
$200
$309
$313
$318
$343
$400
$444
$446
$457
$486
$524
$573
$636
$660
$600
$747
$1,000
lntradlstrlct
$1 ,270
$1,200 $1,400
-•a...-$356.SM
69.ni
Other
$31.lM
6.0%
5/19/2022
3
Where the Money Goes
EXPENSES
5
Category 2021‐22
Projected
2022‐23
Proposed
2023‐24
Proposed
Capital Improvement Program, Net $203.3 $268.2 $315.3
Operating Expenses 185.8 204.8 213.7
Debt Service 70.7 68.6 68.6
Intradistrict Transfers 0.0 3.5 3.5
Total Funding Uses $459.8 $545.1 $601.2
* Operating Expenses include $3.7 million in Self‐Insurance costs
*
OPERATING EXPENSES
6
Department Budget
2021‐22
Proposed
2022‐23
Percent
Change
Proposed
2023‐24
Percent
Change
Administration Units
General Manager's Office $4.1 $4.5 9.8% $4.3 (4.4%)
Human Resources 7.3 7.8 6.8% 8.0 2.6%
Administrative Services 30.0 32.0 6.7% 33.4 4.4%
Sub‐Total $41.4 $44.3 7.0% $45.7 3.2%
Operating Units
Environmental Services 21.3 22.7 6.6% 23.8 4.8%
Engineering 5.4 8.9 64.8% 9.0 1.1%
Operations & Maintenance 115.9 125.2 8.0% 131.4 5.0%
Sub‐Total $142.6 $156.8 10.0% $164.2 4.7%
Total $184.0 $201.1 9.3% $209.9 4.3%
5
6
Transfers
$3.SM
0.69'
$215.0
$210.0
$205.0
$200.0
$195.0
$190.0
$185.0
$180.0
$175.0
$170.0
$165.0
Operations Budget Comparison
(in millions)
$201.1
$184.0
$209.9
■ 2021-22 Budget ■ 2021-22 Projected■ 2022-23 Proposed 2023-24 Proposed
5/19/2022
4
OPERATING EXPENSES
7
Category
2021‐22
Projected
2022‐23
Proposed
2023‐24
Proposed
Salaries and Benefits $105.1 $112.8 $118.4
Contractual Services 17.6 20.1 21.3
Repairs and Maintenance 34.8 32.1 33.8
Operating Materials & Supplies 21.7 24.3 26.0
Utilities 10.9 12.8 12.6
Professional Services 5.2 7.8 7.6
Other Materials, Supplies, Services 4.0 6.0 6.4
Administrative Expenses 2.3 2.3 2.2
Training and Meetings 0.4 1.2 1.1
Research and Monitoring 1.1 1.7 1.8
Printing and Publications 0.3 0.8 0.4
Cost Allocation (20.8) (20.8) (21.6)
Net Operating Expenses $182.6 $201.1 $209.9
CAPITAL IMPROVEMENT PROGRAM
8
CIP Categories FY 2022‐23 FY 2023‐24
Treatment Projects 230.0$ 252.3$
Collection Projects 47.6 69.2
Equipment 7.0 7.8
FY 2021‐22 CIP Authority 284.6 329.3
CIP Savings & Deferrals (16.4) (24.0)
Alloc. for Future Rehab ‐ 10.0
FY 2021‐22 Net CIP 268.2$ 315.3$
10‐Year Net CIP Outlay 3.1$ Billion
7
8
Additional
Capacity
4%
5/19/2022
5
CAPITAL IMPROVEMENT PROGRAM
9
0
50
100
150
200
250
300
350
400
Mil
l
i
o
n
s
Projected FY 2022‐23 Proposed Net CIP Outlay FY2021‐22 Approved Net CIP Outlay
DEBT SERVICE
Total Outstanding COP Balance 7/1/22 $ 819,785,000
Blended Interest Rate 2.71%
FY 2022‐23 Debt Service $ 68.6M
* All outstanding debt to be paid off by 2044
10
9
10
--....
5/19/2022
6
DEBT SERVICE
* No New Debt Issues are Planned
11
SUMMARY
12
Revenue
Category 2022‐23
Proposed
2023‐24
Proposed
Service Fees $326.1 $339.2
Property Taxes 109.8 112.1
Permit User Fees 12.5 12.9
Capital Facilities Capacity Charges 17.9 18.5
Interest 14.5 13.7
Intradistrict Transfers 3.5 3.5
Debt Proceeds 0.0 0.0
Other Revenue 31.1 26.1
Total Revenue $515.4 $526.0
Expenses
Category 2022‐23
Proposed
2023‐24
Proposed
Capital Improvement Program, Net $268.2 $315.3
Operating Expenses 204.8 213.7
Debt Service 68.6 68.6
Intradistrict Transfers 3.5 3.5
Total Expenses $545.1 $601.2
11
12
Outstanding Debt
1,000
900
800
700
~ 600 ~ i 500
400
300
200
100
2021 2026 2031 2036 2041
5/19/2022
7
Questions
?
13
13
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2193 Agenda Date:6/1/2022 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL SERVICES LABORATORY AND
OCEAN MONITORING UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Each month, staff provides an informational presentation on topics of interest to the Board of
Directors. This month’s topic: Orange County Sanitation District Environmental Services -
Environmental Laboratory and Ocean Monitoring Division (ELOM): Protecting Public Health and the
Environment.
The work of the ELOM division tends to be complex and diverse. This presentation will focus
primarily on who we are, what we do, and our current strategic and collaborative projects and
studies.
RELEVANT STANDARDS
·Comply with environmental permit requirements
·Listen to and seriously consider community input on environmental concerns
·Operate and maintain facilities to minimize impacts on surrounding communities including
odor, noise, and lighting
ATTACHMENT
The following attachment(s) may be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda
package:
·Presentation
Orange County Sanitation District Printed on 5/25/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
5/24/2022
1
Environmental Laboratory and
Ocean Monitoring Program
(Division 630)
Presented by:
Samuel Choi
Environmental Lab and
Ocean Monitoring
Manager
Operations Committee
June 1, 2022
Environmental Services Department
Resource
Protection
Division
(Pretreatment
Program)
Environmental
Services
Department
Industrial
Source
Control
Non‐Industrial
Source Control
Source
Control Inspection
General Chemistry,
Microbiology,
Sampling
Ocean
Monitoring
Environmental
Laboratory and Ocean
Monitoring Division
Analytical ChemistryCompliance
SCI ISC NISC
2
1
2
5/24/2022
2
Environmental Monitoring
Code of
Federal
Regulations
California Ocean Plan
Santa Ana RWQCB Basin Plan
NPDES Permit
OC San Ocean Monitoring and Reporting Program
Compliance Monitoring
Strategic Process Studies
Regional Monitoring
3
Accreditations (Quality Assurance)
National State Regional
4
3
4
&EPA United States
Environmental Protection
Agency
State of Utah
Department of Health
Environmental Laboratory Certification Program
Certification is hereby granted to
Orange County Sanitation District
10844 Ellis Ave Fountain Valley, CA 92708 ----10/frNfS--5-e1.......-. .. ,.,..., ... ,,,. si...d~~c..:---
EPA...,_. CA00301
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CERTIFICATE OF
ENVIRONMENTAL LA80f/lATORY ACCIU:OITATlON
.._ ..... _. __ _ .,.._.,_ -----~-------------------,,,. ___ ., ____ _ -·------------
ITATf w.-,JER llt:SOURC[I CON'T1'0L 1049'0
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------=~=-.--~--
::::-.::=-;;:~:;...~-=-.. -.:..-=.:--'" .. ,._ ..
-----■-•la-C--"'-""-"" ........ .-.... ~-----...........
D""""' ----_, .. '-"-
5/24/2022
3
Laboratory and Ocean Monitoring Division
Mission Statement
To ensure safe recreational and environmental protection; perform sampling, analysis and
reporting to document OC San’s exemplary regulatory compliance, inclusive of air, biosolids,
water recycling and ocean discharge
5
Laboratory Tests
Sample Type
No. of Laboratory Tests
2019 2020 2021
General Chemistry 56,274 58,324 58,742
Metals 10,517 10,101 9,981
Microbiology 23,377 23,188 22,063
Organic Chemistry 6,140 6,160 5,422
Toxicology 64 60 70
Total 96,372 97,833 96,278
33%
9%47%
11%
2019 ‐2021
Compliance (NPDES)Ocean Monitoring
Operations Pretreatment
6
5
6
5/24/2022
4
Laboratory Instruments
Analytical Instruments
ASE AutoTrace GPC Concentrator
Andor (LC‐MS)
PFAS, PPCPs, IEDCs, DA, Hormones
Sample Preparation
FTIR
Microplastics
ICP‐MS
Metals
Annikan (TQ GC‐MS)
PCBS, Pesticides
7
Ocean Monitoring
8
7
8
RN Nerissa Water Quality Ocean Bottom Health
Fish Health Oceanography Toxicology
5/24/2022
5
2020‐2021 OC Beach Report Card
9
Team in Action
From Left to Right
Staff
Dr. Jeff Armstrong (Retired)
Laura Terriquez
Former Directors
Keith Curry
Bob Kiley
10
9
10
Crown Beach. at Sunset Rd. Alameda
Royal Palms State Beach Los Angeles
Leo Carrillo Beach, at Arroyo Sequit Creek Los Angeles
Puerco State Beach, at creek mouth Los Angeles
Las Flores State Beach. at Las Flores Creek Los Angeles
Broad Beach. at Trancas Creek Los Angeles
Escondido State Beach. at Escondido Creek Los Angeles
Nlcholas Beach. at San Nlchotas Canyon Creek Los Angeles
ORANGE COUNTY Newport Bay, Promontory Polnl Orange
Crystal Cove (CSDOC) Orange
Newport Beach. at Orange Street Orange
Newport Beach, at 52ndl53rd Street Orange
Balboa Beach Pier Orange
Balboa Beach, The Wedge Orange
Crystal Cove Orange
1000 Steps Beach, at 9th St. Orange
North Aliso County Beach Orange
Treasure Island Beach Orange
Carlsbad. at Enclna Creek San Diego
Carlsbad. at Palomar Airport Rd. San Diego
5/24/2022
6
Looking Forward (Research and Innovation)
Strategic Process Studies (SPS)
•Plume modeling
•Changes in discharge footprint using LABs
•Meiofauna baseline assessment
•Use of bioassays for biological response
•Microplastics characterization
Regional Monitoring
•Leverage resources to address regional issues such as:•Ocean acidification and Hypoxia (OAH)•Persistent contaminants
Innovation and Research
•Method development –PFAS, Microplastics, Domoic Acid
•Explore cutting edge technologies
COVID‐19 Wastewater Surveillance
11
OC San Partners
12
11
12
,
CPublic Works m Cu,n•• ~o• o, ...... Co,.••oL.A,.o•••v.,,T,o,.
RivE'ttsliiE -:....--' ,. ubllcHealth
UCIRVINE
UNIVERSITI af CALll'OII.NIA • IRVl;'IE
VMBARI Monterey Bay Aquarium
Research Institute
ater Environment
Federation·
the water quality people'
5/24/2022
7
Serving the Community
Protect Public Health and the Environment
Water Quality: Safe to Swim
Sediment Quality: Health Ecosystem
Fish Health: Safe to Eat
Public Outreach
Laboratory Tours (including virtual)
Open House
Science Fairs
Children’s Water Festival
Technical/Professional Organizations
SCAMIT TNI Committee SCAS
SETAC Standard Methods SCAITE
ELTAC CSEA SCUM
ASM CWEA
13
Questions
?
Contact: Samuel Choi
schoi@ocsan.gov
714‐593‐7497 14
13
14
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.