HomeMy WebLinkAbout07-06-2022 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: 952 979 011#
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!
June 29, 2022
NOTICE OF REGULAR MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, July 6, 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, July 6, 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
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
06/07/23 06/28/23
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: July 6, 2022 Time: 5:00 p.m. Adjourn:
COMMITTEE MEMBERS (14)
Brooke Jones (Chair)
Marshall Goodman (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
Chad Wanke (Board Chair)
Ryan Gallagher (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, July 6, 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, July 6, 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.
1.2022-2404APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held June 1,
2022.
Originator:Kelly Lore
Page 1 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 6, 2022
Agenda Report
06-01-2022 Operations Committee Minutes
Attachments:
2.2021-1659REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO.
1, PROJECT NO. FE19-12
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Rebuild Shop Fume
Extractor Installation at Plant No. 1, Project No. FE19-12;
B. Award a Construction Contract to RAN Enterprises, Inc. for Rebuild Shop Fume
Extractor Installation at Plant No. 1, Project No. FE19-12, for an amount not to
exceed $217,000; and
C. Approve a contingency of $21,700 (10%).
Originator:Kathy Millea
Agenda Report
FE19-12 Contract Agreement
Attachments:
3.2022-2142FAIRVIEW TRUNK SEWER REHABILITATION, PROJECT NO. 6-20
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Dudek to provide
engineering services for Fairview Trunk Rehabilitation, Project No. 6-20, for an
amount not to exceed $1,200,000; and
B. Approve a contingency of $120,000 (10%).
Originator:Kathy Millea
Agenda Report
Project No. 6-20 Draft PDSA
Attachments:
4.2022-2259SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1,
PROJECT NO. P1-137
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Simpson Gumpertz &
Heger Inc. to provide engineering services for Support Buildings Seismic
Improvements at Plant No. 1, Project No. P1-137, for an amount not to exceed
$1,900,000; and
B. Approve a contingency of $190,000 (10%).
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 6, 2022
Originator:Kathy Millea
Agenda Report
P1-137 PDSA Agreement
Attachments:
5.2022-2399PURCHASE OF SODIUM HYPOCHLORITE (BLEACH SOLUTION) FOR
ODOR CONTROL AND PLANT WATER DISINFECTION IN THE
TREATMENT PLANTS
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Purchase Order Contract to Olin Corporation for the purchase of bulk
Sodium Hypochlorite (Bleach Solution), for the period of September 1, 2022 through
November 30, 2022, for a unit price of $1.769/gallon, delivered, plus applicable sales
and excise tax, for a total estimated amount of $330,000.
Originator:Riaz Moinuddin
Agenda ReportAttachments:
NON-CONSENT:
6.2022-2263ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2,
PROJECT NO. FR2-0018R
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Activated Sludge
Clarifier Repairs at Plant No. 2, Project No. FR2-0018R;
B. Award a Construction Contract to Garney Pacific, Inc. for Activated Sludge
Clarifier Repairs at Plant No. 2, Project No. FR2-0018R for an amount of
$5,091,686; and
C. Approve a contingency of $509,169 (10%).
Originator:Kathy Millea
Agenda Report
FR2-0018R Contract Agreement
Presentation - FR2-0018R_AS Clarifiers
Attachments:
7.2022-2402BIOSOLIDS MANAGEMENT CONTRACT AWARD RECOMMENDATION
- TULE RANCH
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a contract to Tule Ranch to manage the Orange County Sanitation
District’s biosolids from Reclamation Plant No. 1 and Treatment Plant No. 2 for
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 6, 2022
land application and/or landfill disposal (Specification No. S-2022-1296BD), for
the period commencing on November 1, 2022 through October 31, 2027, at the
unit price of $64.00 per ton for land application, plus a monthly fuel surcharge,
and annual CPI (consumer price index) adjustment for a total annual amount not
to exceed $8,520,687;
B. Approve five one-year renewal options for a total annual amount not to exceed
$8,520,687;
C. Approve an annual 10% contingency of $852,069; and
D. Approve the addition of this new contract to the Biosolids Account Pool effective
November 1, 2022.
Originator:Lan Wiborg
Agenda Report
S-2022-1296BD Draft General Services Contract
Attachments:
8.2022-2264ENGINE AND GENERATOR OVERHAULS AT PLANT NO. 1 AND 2,
PROJECT NO. J-135B
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Service Contract to Cooper Machinery Services LLC for
Engine and Generator Overhauls at Plant No. 1 and 2, Project No. J-135B, for a
total amount not to exceed $29,361,029; and
B. Approve a contingency of $2,936,103 (10%).
Originator:Kathy Millea
Agenda Report
J-135B Draft Service Contract
Presentation - J-135B_Engine and Generator Overhauls
Attachments:
INFORMATION ITEMS:
9.2022-2192ENVIRONMENTAL SERVICES: RESOURCE PROTECTION -
PROTECTING WATER, BIOSOLIDS, AND GAS FOR REUSE
RECOMMENDATION:
Information Item.
Originator:Lan Wiborg
Agenda Report
Presentation - Resource Protection Update
Attachments:
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 6, 2022
10.2022-2250HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO.
P1-128A - QUARTERLY UPDATE
RECOMMENDATION:
Information Item.
Originator:Kathy Millea
Agenda Report
Presentation - Headquarters Update
Attachments:
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 the Operations Committee on
September 7, 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 #:2022-2404 Agenda Date:7/6/2022 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 June 1, 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 June 1, 2022
Orange County Sanitation District Printed on 6/27/2022Page 1 of 1
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, June 1, 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 Chair Brooke Jones on Wednesday, June 1, 2022 at 5:00 p.m.
in the Administration Building of the Orange County Sanitation District. Chair Jones stated
that the meeting was being held telephonically and via Internet accessibility in accordance
with new provisions in California Government Code Section 54953 and Resolution No. OC
SAN 22-14, due to the continued State of Emergency Order. Chair Jones announced the
teleconference meeting guidelines and led the flag salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
ABSENT:Johnathan Ryan Hernandez
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Riaz Moinuddin, Director of Operations and
Maintenance; Lan Wiborg, Director of Environmental Services; Jennifer Cabral; Sam Choi;
Tanya Chong; Raul Cuellar; Mike Dorman; 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, was in attendance telephonically.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Jones and General Manager Jim Herberg did not provide reports.
Page 1 of 7
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
OPERATIONS COMMITTEE Minutes June 1, 2022
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2022-2299
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held May 4,
2022.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
2.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2022-2203
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending March 31, 2022.
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
3.BUILDING B FLOOR REPLACEMENT, JIB CRANE AND FORKLIFT
PAD, PROJECT NO. FR1-0012
2022-2262
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 7
OPERATIONS COMMITTEE Minutes June 1, 2022
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%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
4.PLANT NO. 2 TRICKLING FILTER “A” ROTARY DISTRIBUTOR MAST
REPLACEMENT
2022-2309
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
5.SERVICE CONTRACT FOR PLANT NOS. 1 AND 2 CENTRAL
GENERATION FACILITIES' CARBON MEDIA CHANGE-OUT
2022-2321
Originator: Riaz Moinuddin
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 3 of 7
OPERATIONS COMMITTEE Minutes June 1, 2022
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%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
NON-CONSENT:
6.ENERGY AND DIGESTER GAS MASTER PLAN, PROJECT NO.
PS21-04
2022-2230
Originator: Kathy Millea
Engineering Manager Mike Dorman provided a PowerPoint presentation which
included information on OC San's Energy Independence Policy; background on Central
Generation, engine overhaul, and replacement options; study objectives; diagrams of
Plant process flow; loads fed from standby power and from Cen Gen; energy
independence; and the proposal selection process and negotiation.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
Page 4 of 7
OPERATIONS COMMITTEE Minutes June 1, 2022
7.REDHILL RELIEF SEWER RELOCATION AT STATE ROUTE 55,
PROJECT NO. FE18-13
2021-1944
Originator: Kathy Millea
Engineering Manager Jeff Mohr provided a brief introduction for the item.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
8.BUSHARD DIVERSION STRUCTURE REPAIR, PROJECT NO. MP-307 2022-2141
Originator: Kathy Millea
Mr. Mohr provided a PowerPoint presentation which included a description of the
project location, structure diversion of flows between the Plants, bid results, and factors
affecting the bid price.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
Page 5 of 7
OPERATIONS COMMITTEE Minutes June 1, 2022
AYES:Brooke Jones, Ryan Gallagher, Stephen Faessel, Steve Jones,
Sandra Massa-Lavitt, Paulo Morales, Kim Nichols, Robert Ooten,
Jesus Silva, Donald Wagner, Chad Wanke, John Withers and Chad
Zimmerman
NOES:None
ABSENT:Johnathan Ryan Hernandez
ABSTENTIONS:None
INFORMATION ITEMS:
9.FY 2022-23 AND FY 2023-24 BUDGET PRESENTATION 2022-2340
Originator: Lorenzo Tyner
Controller Wally Ritchie provided a PowerPoint presentation regarding the proposed
FY 2022-23 and 2023-24 Budget which included an overview of OC San's revenue,
expenses, capital improvement program, and debt service.
ITEM RECEIVED AS AN:
Information Item.
10.ORANGE COUNTY SANITATION DISTRICT ENVIRONMENTAL
SERVICES LABORATORY AND OCEAN MONITORING UPDATE
2022-2193
Originator: Lan Wiborg
Environmental Lab and Ocean Monitoring Manager Samuel Choi provided a
PowerPoint presentation regarding the Environmental Laboratory and Ocean
Monitoring Program which included an overview of the Environmental Services
department, environmental monitoring, accreditations, the Laboratory and Ocean
Monitoring division, laboratory tests and instruments, ocean monitoring, the 2020-2021
OC Beach Report Card, research and innovation endeavors, partners, and community
outreach.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
Director of Engineering Kathy Millea acknowledged Mr. Mohr who is retiring after 10 years of
service to OC San.
CLOSED SESSION:
None.
Page 6 of 7
OPERATIONS COMMITTEE Minutes June 1, 2022
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
In response to a question from Director Ooten, Mr. Herberg stated that he would contact the
General Manager of Costa Mesa Sanitary District regarding information on the new
wastewater regulations.
ADJOURNMENT:
Chair Jones declared the meeting adjourned at 6:02 p.m. to the next Regular Operations
Committee meeting to be held on Wednesday, July 6, 2022 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 7 of 7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1659 Agenda Date:7/6/2022 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1, PROJECT NO. FE19-12
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Rebuild Shop Fume Extractor
Installation at Plant No. 1, Project No. FE19-12;
B. Award a Construction Contract to RAN Enterprises, Inc. for Rebuild Shop Fume Extractor
Installation at Plant No. 1, Project No. FE19-12, for an amount not to exceed $217,000; and
C. Approve a contingency of $21,700 (10%).
BACKGROUND
Orange County Sanitation District’s (OC San) Maintenance Division uses the Rebuild Shop at Plant
No. 1 for repairs of heavy equipment, welding, and fabrication of new equipment and parts. Welding
is conducted at three locations within the building and requires a fume hood and duct work to protect
staff from fumes generated during welding.
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
The Rebuild Shop currently uses two portable fume extractors for welding. The capacity of the
portable fume extractors is insufficient to cover all three welding areas. The portable extractors
require precise placement when connecting to the welding points. Frequent starts and stops are
required to adjust the fume nozzle placement to maintain effective fume capture.
Orange County Sanitation District Printed on 6/28/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2021-1659 Agenda Date:7/6/2022 Agenda Item No:2.
PROPOSED SOLUTION
Award a Construction Contract for Rebuild Shop Fume Extractor Installation at Plant No.1,Project
No.FE19-12 to RAN Enterprises,Inc.The improved fume capture system will improve worker safety
and work productivity.
TIMING CONCERNS
The current safety and productivity problems that the project addresses will continue until the work is
completed.
RAMIFICATIONS OF NOT TAKING ACTION
Without these improvements,fume extraction will continue to be insufficient,and the welding will
continue to require frequent adjustments.If the fit of these fume extractors is not tight enough,the
fumes may persist in the work area causing potential health concerns to the staff performing the
work.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
OC San advertised Project No.FE19-12 for bids on March 22,2022.On April 19,2022,three sealed
bids were received. A summary of the bid opening follows:
Engineer’s Estimate $ 234,000
Bidder Amount of Bid
RAN Enterprises, Inc. $ 217,000
Air & Lube System, Inc. $ 280,000
MMC Inc. $ 354,111
The bids were evaluated in accordance with the OC San’s policies and procedures.A notice was
sent to all bidders on May 25,2022 informing them of the intent of OC San staff to recommend award
of the Construction Contract to RAN Enterprises, Inc.
Staff recommends awarding a Construction Contract to the lowest responsive and responsible
bidder, RAN Enterprises, Inc., for a total amount not to exceed $217,000.
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.
Orange County Sanitation District Printed on 6/28/2022Page 2 of 3
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File #:2021-1659 Agenda Date:7/6/2022 Agenda Item No:2.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (Adopted Budget,Fiscal Years 2022-2023 and 2023-24,Section 8,Page 48,Small
Construction Projects Program) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
DB: 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 ...................................................... 21
SECTION – 18 TERMINATION ............................................................................... 21
SECTION – 19 WARRANTY ................................................................................... 21
SECTION – 20 ASSIGNMENT ................................................................................ 22
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 22
SECTION – 22 SAFETY & HEALTH ....................................................................... 23
SECTION – 23 NOTICES ....................................................................................... 23
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 1 of 24
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FE19-12
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this July 27, 2022, by and
between RAN Enterprises, Inc., hereinafter referred to as “CONTRACTOR” and the Orange
County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 2 of 24
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 3 of 24
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well-known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OC SAN’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 4 of 24
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions,
“Definitions”. Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by 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. FE19-12
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 5 of 24
SECTION – 4 PLANS AND SPECIFICATIONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. FE19-12
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within two hundred seventy (270) 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,
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 6 of 24
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. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 7 of 24
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 Seventeen Thousand
Dollars ($217,000) 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
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 8 of 24
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.
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
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 9 of 24
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:
C-CA-010422 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 13 of 24
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: One Million Dollars ($1,000,000) per occurrence and a general
aggregate limit of Two Million Dollars ($2,000,000) 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 One Million Dollars
($1,000,000) 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
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 One Million Dollars ($1,000,000) 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 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.
C. Other Insurance Provisions
1. Each such policy of general liability insurance and automobile liability insurance shall
be endorsed to contain, the following provisions:
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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).
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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
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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.
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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”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
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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.
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
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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: RAN Enterprises, Inc. 17202 Gothard Street, Unit 1 Huntington Beach, CA 92647
Copy to: Roger Abinader, President RAN Enterprises, Inc. 17202 Gothard Street, Unit 1 Huntington Beach, CA 92647
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: RAN Enterprises, Inc.
17202 Gothard Street, Unit 1
Huntington Beach, CA 92647
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 818754 (Expiration Date – 4/30/2023)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________
Chad P. Wanke 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
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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
C-EXA-062221 PROJECT NO. FE19-12 REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: RAN Enterprises Inc. BF-14 SCHEDULE OF PRICES, Pages 1 – 2
BF-14 SCHEDULE OF PRICES C-BF-010422
PROJECT NO. FE19-12
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1
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 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.
RAN ENTERPRISES INC
BF-14 SCHEDULE OF PRICES C-BF-010422
PROJECT NO. FE19-12
REBUILD SHOP FUME EXTRACTOR INSTALLATION AT PLANT NO. 1
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. This Item shall include all fees, labor,
materials, and equipment required for all mobilization
activities performed by CONTRACTOR in
conformance with the Contract Documents for the
lump sum price of …
Lump Sum $ 15,000
2.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…
Allowance $ 5,000
3.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 …
Lump Sum $
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
197,000
217,000
RAN ENTERPRISES INC
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2142 Agenda Date:7/6/2022 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
FAIRVIEW TRUNK SEWER REHABILITATION, PROJECT NO. 6-20
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Dudek to provide engineering
services for Fairview Trunk Rehabilitation, Project No. 6-20, for an amount not to exceed
$1,200,000; and
B. Approve a contingency of $120,000 (10%).
BACKGROUND
The Fairview Trunk was built in the early 1950s in Fairview Road in the vicinity of the Orange County
Fairgrounds in the City of Costa Mesa from Newport Blvd. to Baker Street. Orange County
Sanitation District’s (OC San) Asset Management Program has identified deterioration over time in
this system of vitrified clay pipe and associated manholes.
RELEVANT STANDARDS
·California Government Code §4526: Select the “best qualified firm” and “negotiate fair and
equitable fees”
·Protect OC San assets
PROBLEM
An inspection of the Fairview Trunk revealed cracks and fractures in the pipe that have deteriorated
over time. In addition, some of the manholes require rehabilitation or replacement and there is also
an opportunity to abandon some manholes that are no longer needed for maintenance.
PROPOSED SOLUTION
Approva a Professional Design Services Agreement for Fairview Trunk Rehabilitation, Project No. 6-
20. This project will rehabilitate approximately 9,500 feet of 12-inch to 27-inch sewer pipe and
associated manholes between the Paularino Channel to the north and Newport Boulevard to the
south in the City of Costa Mesa. Some manholes may be replaced, and others abandoned. The
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2142 Agenda Date:7/6/2022 Agenda Item No:3.
south in the City of Costa Mesa.Some manholes may be replaced,and others abandoned.The
project will require careful coordination with neighbors,businesses,and schools to minimize public
impacts.
TIMING CONCERNS
Delaying the approval of this design agreement would delay completion of the project,which would
increase the risk that a failure might occur before the work is completed.
RAMIFICATIONS OF NOT TAKING ACTION
Without this project, the pipeline is at risk of failure, which could cause a sewage spill.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Until recently,OC San’s sewer model identified the Fairview Trunk as being undersized due to high
infiltration and inflow in the area it serves.Costa Mesa Sanitary District,the local sewer agency,has
reduced the infiltration and inflow to the point where the line is no longer capacity limited.
Consultant Selection:
OC San issued a request for proposals (RFP)for Fairview Trunk Rehabilitation,Project No.6-20 on
December 21,2021.The following evaluation criteria were described in the RFP and used to
determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 40%
Related Project Experience 30%
Project Team and Staff Qualifications 30%
Three proposals were received on March 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:CIP Project Manager,Senior Engineer,Engineer,Engineering Supervisor,and a
Maintenance Supervisor.The Evaluation Team also included two non-voting representatives from
the Contracts Administration Division.The Evaluation Team scored the proposal on the established
criteria as summarized in the table below:
Firm Approach (Max
40)
Related
Experience
(Max 30)
Team (Max
30)
Total Score
(Max 100)
1 Dudek 25 22 22 69
2 GHD 30 20 19 69
3 CDM Smith 31 19 18 68
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File #:2022-2142 Agenda Date:7/6/2022 Agenda Item No:3.
Based on this scoring,all three Consultants were shortlisted for interviews on March 30,2022.
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, Dudek was selected as the most qualified Consultant.
Firm Approach (Max
40)
Related
Experience
(Max 30)
Team (Max
30)
Total Score
(Max 100)
1 Dudek 34 26 25 85
2 CDM Smith 33 21 19 73
3 GHD 28 19 19 66
In the interview,Dudek demonstrated a clear understanding of the project setting,stakeholders,and
project goals and objectives,as well as comprehensively describing the approach for each phase of
the project.Dudek’s interview presentation effectively addressed assigned topics while highlighting
the team’s highly relevant,related experience and team structure.Their approach,detailed in a
project design schedule,indicates early implementation planning and stakeholder buy-in which will
mitigate major risks for this project.Therefore,the Evaluation Team determined that Dudek is the
most qualified firm to complete the Scope of Work.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with 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.
To meet the goals and objectives of the Project,on April 13,2022 the Evaluation Team began
negotiations with Dudek 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.
Negotiations included multiple meetings and emails to verify assumptions and level of effort,resulting
in a small decrease in the overall level of effort.
The following table summarizes how the estimated level of effort was revised through the
negotiations process.
Original Fee Proposal Final Fee Proposal
Number of Drawings 41 41
Total Hours 4,858 4,853
Total Fee $1,207,109 $1,200,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 9.04%,which is based on an established formula for OC San’s
standard design agreements.
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 Dudek.
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File #:2022-2142 Agenda Date:7/6/2022 Agenda Item No:3.
CEQA
The project is exempt from CEQA under the Class 1 and 2 categorical exemptions set forth in
California Code of Regulations Sections15301 and 15302.A Notice of Exemption will be filed with
the OC Clerk-Recorder after OC San's Board of Directors approval of the Professional Design
Services Agreement.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Adopted Budget,Fiscal Years 2022-2023 and 2023-2024,Section 8,Page 29,Fairview
Trunk Sewer Rehabilitation,Project No.6-20)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:
·Professional Design Services Agreement
VP: jw
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PDSA PROJECT NO. 6-20
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PROFESSIONAL DESIGN SERVICES AGREEMENT
This PROFESSIONAL DESIGN SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the 27 day of July, 2022 by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC SAN"), and
«CONSULTANT COMPANY», (hereinafter referred to as "CONSULTANT"). WITNESSETH: WHEREAS, OC SAN desires to engage CONSULTANT for Fairview Trunk Rehabilitation, Project No. 6-20; and to provide professional design services for rehabilitation of approximately 9,500 linear feet of VCP, replacement of thirty-six manholes, rehabilitation of nine manholes, and performing six spot repairs on the Fairview Trunk system, (Services) and WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and WHEREAS, OC SAN has adopted procedures for the selection of professional design
services and has proceeded in accordance with said procedures to select CONSULTANT to perform the Services; and
WHEREAS, at its regular meeting on July 27, 2022 the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee pursuant to OC SAN’s Ordinance No. OC SAN-56 to approve this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows: 1. SCOPE OF WORK CONSULTANT agrees to furnish necessary professional and technical services to accomplish those project elements outlined in the Scope of Work attached hereto as Attachment “A", and by this reference made a part of this Agreement. A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications, and other services furnished by the CONSULTANT under this Agreement, including the work performed by its subconsultants (Subconsultants). Where
approval by OC SAN is indicated, it is understood to be conceptual approval only and does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part of the CONSULTANT or its Subconsultants. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT shall respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations (i.e., DS1, DS2, DS3, and FDS). All comments shall be
■ ...
PDSA PROJECT NO. 6-20
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incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall
ensure that each submittal is 100% accurate for the level of work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.)
C. In the event that work is not performed to the satisfaction of OC SAN and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs, expenses and damages associated with any such corrections or revisions. D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from
any other non-standard CAD format to OC SAN format shall not be acceptable in lieu of this requirement.
Electronic files shall conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of OC SAN.
Electronic files shall be subject to an acceptance period of 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. The CONSULTANT shall ensure that all plans and specifications prepared, or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary process, unless required by principles of sound engineering practice and
supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and specifications. Whenever the CONSULTANT
recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are capable of meeting the functional requirements applicable to the project.
F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written
consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was
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PDSA PROJECT NO. 6-20
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disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN.
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 two hundred thousand Dollars ($1,200,000). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, OC SAN
shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of OC SAN,
CONSULTANT shall provide OC SAN with certified payroll records of all employees’ work that is charged to this project.
C. Overhead As a portion of the total compensation to be paid to CONSULTANT, OC SAN shall compensate CONSULTANT and Subconsultants for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee Proposal. D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting or
subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
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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 the attached hourly rate Schedule and as specified in the Scope of Work. OC SAN shall pay to CONSULTANT the actual costs of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. F. Direct Costs OC SAN shall pay to CONSULTANT and Subconsultants the actual costs of permits and associated fees, travel and licenses for an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. OC SAN shall also pay to
CONSULTANT actual costs for equipment rentals, leases or purchases with prior approval of OC SAN. Upon request, CONSULTANT shall provide to OC SAN receipts and other documentary records to support CONSULTANT’s request for
reimbursement of these amounts, see Attachment “D” - Allowable Direct Costs. All incidental expenses shall be included in overhead pursuant to Section 2 - COMPENSATION above. G. Other Direct Costs Other Direct Costs incurred by CONSULTANT and its Contractor due to modifications to the Scope of Work resulting from field investigations and field work required by the Agreement. These items may include special equipment, test equipment and tooling and other materials and services not previously identified. Refer to attachment “D” Allowable Direct Costs for payment information. H. Reimbursable Direct Costs
OC SAN will reimburse the CONSULTANT for reasonable travel and business expenses as described in this section and further described in Attachment “D” -
Allowable Direct Costs to this Agreement. The reimbursement of the above-mentioned expenses will be based on an “accountable plan” as considered by Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by IRS. The most recent schedule of the per diem rates utilized by OC SAN can be found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#. The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel, lodging and meals arrangements. OC SAN shall apply the most economic and
PDSA PROJECT NO. 6-20
Revised 110221 FAIRVIEW TRUNK REHABILITATION
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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 general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial, and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle for local travel. Lodging – Overnight stays will not be approved by OC SAN for local travel.
However, under certain circumstances overnight stay may be allowed at the discretion of OC SAN based on reasonableness of meeting schedules and the amount of time required for travel by the CONSULTANT. Such determination will
be made on a case-by-case basis and at the discretion of OC SAN. Travel Meals – Per-diem rates as approved by IRS shall be utilized for travel
meals reimbursements. Per diem rates shall be applied to meals that are appropriate for travel times. Receipts are not required for the approved meals. Additional details related to the reimbursement of the allowable direct costs are provided in the Attachment “D” - Allowable Direct Costs of this Agreement. I. Limitation of Costs If, at any time, CONSULTANT estimates the cost of performing the services described in CONSULTANT’s Proposal will exceed seventy-five percent (75%) of the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify OC SAN immediately, and in writing. This written notice shall indicate the additional amount necessary to complete the services. Any cost incurred in excess of the approved not-to-exceed amount,
without the express written consent of OC SAN’s authorized representative shall be at CONSULTANT’s own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the
CONSULTANT’s invoice and monthly progress report. Failure to notify OC SAN that the services cannot be completed within the authorized not-to-exceed amount is a material breach of this Agreement. 3. REALLOCATION OF TOTAL COMPENSATION OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased.
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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. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS. B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by OC SAN. Such requests shall be based upon the amount and value of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and project element work
performed during the period covered by the statement, as may be required by OC SAN.
Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per-project-element basis.
If OC SAN determines that the work under this Agreement, or any specified project element hereunder, is incomplete and that the amount of payment is in excess of: i. The amount considered by OC SAN’s Director of Engineering to be adequate for the protection of OC SAN; or ii. The percentage of the work accomplished for each project element. 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. D. Upon satisfactory completion by CONSULTANT of the work called for under the terms of this Agreement, and upon acceptance of such work by OC SAN, CONSULTANT will be paid the unpaid balance of any money due for such work, including any retained percentages relating to this portion of the work.
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E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims
against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants. A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for payment or approval; b) knowingly makes, uses, or causes to be made or used a
false record or statement to get a false claim paid or approved by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the work is subject to compliance monitoring and enforcement by the DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
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D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in connection with or related to the Scope of Work or Services, shall be the property of OC SAN. OC SAN’s ownership of these documents includes use of,
reproduction or reuse of and all incidental rights, whether or not the work for which they were prepared has been performed. OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes
ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE
A. General i. Insurance shall be issued and underwritten by insurance companies
acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial
Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its agent. iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
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B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Said insurance shall include coverage for the following hazards: premises-operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by OC SAN and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the general liability policy and
coverage must be reflected on the submitted certificate of insurance. Where permitted by law, CONSULTANT hereby waives all rights of recovery by subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a) would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has
an insurable interest in the property damaged. 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
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comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limit of liability
coverage: combined single limit of Five Hundred Thousand Dollars ($500,000). A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement.
E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in form acceptable to OC SAN. F. Workers’ Compensation Insurance The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the
statutory limit, including employer’s liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC
SAN. A statement on an insurance certificate will not be accepted in lieu of the actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are
referenced on the certificate of insurance. If an exposure to Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Two Million Dollars ($2,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this
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Agreement. CONSULTANT shall provide to OC SAN a certificate of insurance in a form
acceptable to OC SAN indicating the deductible or self-retention amounts and the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term.
H. Proof of Coverage The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and endorsements are to be received and approved by OC SAN before work commences. OC SAN reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required. The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or other equivalent certificate of insurance form
• Additional Insurance (General Liability)
The combination of (ISO Forms) CG 20 10 and CG 20 37 All other additional insured endorsements must be submitted for approval by OC SAN, and
OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying
OC SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below.
I. Cancellation and Policy Change Notice
The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any change in the terms of insurance, including
reduction in coverage or increase in deductible/SIR, within two (2) working days
of receipt of such notice or knowledge of same.
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Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708 Attention: Contracts, Purchasing & Materials Management Division
J. Primary Insurance The general and automobile liability policies shall contain a Primary and “Non Contributory” clause. Any other insurance maintained by OC SAN shall be
excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured
The general and automobile liability policies shall contain a “Separation of Insureds” clause.
L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the
certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the
CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration and defense expenses. N. Defense Costs The general and automobile liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. 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.
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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. 8. SCOPE CHANGES In the event of a change in the Scope of Work or other terms in the Agreement, 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. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per-project-element basis, broken down as indicated in Section 2 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project
team members without prior written approval by OC SAN. 10. ENGINEERING REGISTRATION
The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. OC SAN retains the reasonable right to access, review, examine, and audit, any and all books, records, documents, and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement. The CONSULTANT shall include OC SAN’s right as described above, in any and
all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that
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OC SAN determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or
anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and OC SAN’s policy. The CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all project related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of OC SAN. 13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid. Notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Brandon Garcia, Contracts Administrator
Copy: Victoria Pilko, Project Manager Notices shall be mailed to CONSULTANT at:
DUDEK 27372 Calle Arroyo San Juan Capistrano, California 92675 Attention: Russ Bergholz All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION OC SAN may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination,
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CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES. 15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to
OC SAN copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN.
16. COMPLIANCE A. Labor CONSULTANT certifies by the execution of this Agreement that it pays employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal
opportunity in employment. B. Air Pollution
CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations.
C. Iran Contracting Act CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208). 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this document by and on behalf of each party is a person duly authorized to execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration
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under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC SAN informs CONSULTANT that any part of the services fails to meet
those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or CONSULTANT’s fees and costs and OC SAN’s general and administrative expenses; individually, a “Claim”; collectively, “Claims”) which
may arise from or are in any manner related, directly or indirectly, to any work performed, or any operations, activities, or services provided by CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent,
recklessness and/or willful misconduct of CONSULTANT, its principals, officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or
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(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 obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims.
CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES
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CONSULTANT shall comply with all OC SAN policies and procedures including the
Contractor Safety Standards, as applicable, all of which may be amended from time to time.
26. CLOSEOUT When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, OC SAN shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout.
Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or
otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
Any failure by OC SAN to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of
the work by OC SAN for any purpose nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 27. ENTIRE AGREEMENT This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
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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: DUDEK
By _______________________________ _________________ Date
__________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By _______________________________ _________________
Chad P. Wanke
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 Attachment “F” – NOT USED Attachment “G” – NOT USED Attachment “H” – NOT USED Attachment “I” – Cost Matrix and Summary Attachment “J” – NOT USED Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards Attachment “M” – NOT USED
WC:BG:
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July 2022 6-20 – Design SOW Page 1 of 39
Fairview Trunk Rehabilitation, Project No. 6-20 Professional Design Services Agreement
Attachment A - Scope of Work
July 2022 6-20 – Design SOWPage 2 of 39
TABLE OF CONTENTS
1.PROJECT REQUIREMENTS ................................................................................................................ 5
SUMMARY...................................................................................................................... 5 1.0.1 Professional Design Engineering Services ............................................................ 5
1.0.2 Professional Licensing requirements ..................................................................... 5 BACKGROUND .............................................................................................................. 5 GENERAL PROJECT DESCRIPTION ....................................................................... 6 PROJECT EXECUTION PHASES............................................................................... 6 DESCRIPTION OF PROJECT ELEMENTS .............................................................. 6 1.4.1 Project Element 1 – Rehabilitation of fairview trunk sewer ................................. 6 1.4.2 Project Element 2 – Replace, Rehabilitate, or abandon fairview trunk manholes 7 1.4.3 Project Element 3 – Rehabilitation of fairview trunk and fairview relief trunk Manholes ........................................................................................................................... 7 1.4.4 Project Element 4 – Spot Repairs on Fairview Relief Trunk sewer ...................... 7 Project Element 5 - ....................................................................................................... 8 1.4.5 Temporary Facilities During Construction ............................................................ 8 1.4.6 Coordination with Other Projects .......................................................................... 8 DESIGN CONSIDERATIONS ...................................................................................... 9 1.5.1 Technology and configuration choices .................................................................. 9 1.5.2 Design Decisions ................................................................................................... 9 1.5.3 Design Selection Criteria....................................................................................... 9
1.5.4 Project Element Description Revisions ................................................................. 9 1.5.5 Cost Model ............................................................................................................ 9 PROJECT SCHEDULE ................................................................................................. 9
1.6.1 General .................................................................................................................. 9
2.PHASE 2 – PRELIMINARY DESIGN .................................................................................................. 10
Preliminary Design Execution (not used) .................................................................... 11 Predesign Evalution Studies (NOT USED) ................................................................. 11 Preliminary Design Production .................................................................................... 11 2.2.1 General ................................................................................................................ 11 2.2.2 Design Memos ..................................................................................................... 11 2.2.3 Preliminary Design Drawings ............................................................................. 13
2.2.4 Preliminary Design Report (PDR) Production, Contents and Organization ....... 13 2.2.5 Preliminary Design Cost Estimate ...................................................................... 14 Preliminary Design Activities ....................................................................................... 14
2.3.1 HYDRAULIC MODELING ............................................................................... 14 2.3.2 MANHOLE CONDITION ASSESSMENT ....................................................... 14 2.3.3 Manhole Abandonment Evaluation ..................................................................... 15
2.3.4 Spot Repair Evaluation ........................................................................................ 15 2.3.5 Easements, Property Boundaries and Work Area Limits .................................... 15 2.3.6 Topographic Survey ............................................................................................ 15 2.3.7 Geotechnical Investigation .................................................................................. 16 2.3.8 Utility Investigation ............................................................................................. 17 2.3.9 Public Relations ................................................................................................... 21 2.3.10 Specialty Service ............................................................................................... 21 2.3.11 Value Engineering Assistance (Not used) ......................................................... 21 2.3.12 Permitting Assistance ........................................................................................ 21 2.3.13 Project Management .......................................................................................... 22
1.0
1.1
1.2
1.3
1.4
1.5
1.6
2.0
2.1
2.2
2.3
July 2022 6-20 – Design SOW Page 3 of 39
2.3.14 Risk Management .............................................................................................. 23 2.3.15 Quality Control .................................................................................................. 23
PDR Workshops and Meetings .................................................................................... 23 2.4.1 General ................................................................................................................ 23 2.4.2 PDR Production Workshops ............................................................................... 23 2.4.3 PDR Review Workshops ..................................................................................... 24 2.4.4 PDR Constructability Workshop ......................................................................... 24 2.4.5 Technical Progress Meetings............................................................................... 25 2.4.6 Focused Meetings ................................................................................................ 25 2.4.7 Coordination with Other Projects Meetings ........................................................ 25 2.4.8 Stormwater Compliance Meeting ........................................................................ 25
3. PHASE 3 – DESIGN ............................................................................................................................ 25
Bid Documents ............................................................................................................... 25
3.0.1 General ................................................................................................................ 25 3.0.2 Engineering Design Guideline Updates .............................................................. 26 3.0.3 General Requirements and Additional General Requirements ............................ 26 3.0.4 Design submittals ................................................................................................ 26 3.0.5 Construction Submittal Items List ....................................................................... 27 3.0.6 Temporary Facilities During Contruction ........................................................... 27
Design Support Documentation ................................................................................... 27 3.1.1 Design Submittal Support Documentation .......................................................... 27 3.1.2 Construction Cost Estimate ................................................................................. 28 3.1.3 Construction Schedule ......................................................................................... 28 3.1.4 Procurement Alternatives .................................................................................... 28
Design Activities ............................................................................................................ 28 3.2.1 Easements, Property Boundaries and Work Area Limits .................................... 28 3.2.2 Topographic Survey ............................................................................................ 28
3.2.3 Utility Investigation ............................................................................................. 29 3.2.4 Noise Evaluation Services ................................................................................... 29 3.2.5 Traffic Control Services ...................................................................................... 29
3.2.6 Public Relations ................................................................................................... 29 3.2.7 Specialty Service ................................................................................................. 29 3.2.8 Permitting assistance ........................................................................................... 30 3.2.9 Project Management ............................................................................................ 30 3.2.10 Risk Management .............................................................................................. 30 3.2.11 Quality Control .................................................................................................. 30
Design Workshops and Meetings ................................................................................. 30 3.3.1 General ................................................................................................................ 30 3.3.2 Design Phase Workshops .................................................................................... 30 3.3.3 Pre-DS3 Constructability Workshop ................................................................... 31 3.3.4 Design Phase Meetings ....................................................................................... 32 3.3.5 Consultant Office Technical Meetings (COTMs) ............................................... 33 3.3.6 Coordination with Other Projects Meetings ........................................................ 33 3.3.7 Safety and Risk Meeting ..................................................................................... 33
3.3.8 Construction Submittal Items List Meeting ........................................................ 34 3.3.9 Stormwater Compliance Meeting ........................................................................ 34 Bid Phase Support Services .......................................................................................... 34
3.4.1 Bid Phase Support Services ................................................................................. 34 3.4.2 Bid Evaluation Assistance ................................................................................... 34 3.4.3 Conformed Document Preparation ...................................................................... 34
2.4
3.0
3.1
3.2
3.3
3.4
July 2022 6-20 – Design SOWPage 4 of 39
4.PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ..................................................... 34
5.PHASE 5 – COMMISSIONING SERVICES ........................................................................................ 34
6.PHASE 6 – CLOSE OUT .................................................................................................................... 34
7.GENERAL REQUIREMENTS ............................................................................................................. 34
GENERAL ..................................................................................................................... 34 7.0.1 OC SAN Engineering Design Guidelines and Strategic Plan ............................. 34 7.0.2 Project Phases and Tasks ..................................................................................... 35 7.0.3 Construction Sequencing and Constraints ........................................................... 35 7.0.4 Working Hours .................................................................................................... 36 7.0.5 Standard Drawings and Typical Details .............................................................. 36 7.0.6 Software .............................................................................................................. 36 7.0.7 Submittal Review using Bluebeam ..................................................................... 36 7.0.8 Word Track Changes ........................................................................................... 36 7.0.9 GIS Submittals .................................................................................................... 36
8.PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES (NOT USED) ............ 37
9.STAFF ASSISTANCE ......................................................................................................................... 37
10. EXHIBITS ............................................................................................................................................ 38
7.0
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1. PROJECT REQUIREMENTS
SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A. Provide professional design engineering services for the project described herein including the following:
1. Preliminary Design Report
2. Permitting assistance
3. Preparation of bid documents
1.0.2 PROFESSIONAL LICENSING REQUIREMENTS
All plans and specifications shall be prepared by a professional engineer licensed in the State of California of the associated discipline.
BACKGROUND
The Fairview Trunk system alignment is in Fairview Road in the City of Costa Mesa. The system consists of two interconnected sewers; the Fairview Trunk (FT) is the western alignment, and the Fairview Relief Trunk (FRT) is the eastern alignment. Originally the sewers served the Santa Ana Army base which is now the Orange County Fair and Event Center (OC Fair). In addition to the OC Fair, the sewers in the area serve Orange Coast Community College, Costa Mesa High School, the Jack R. Hammett Sports Complex, large residential apartment complexes as well as single family residences, and numerous businesses. The initial segments of the Fairview Trunk were originally constructed in 1952 under Project 6-G (Exhibit 19A – Project 6-G Record Drawings) and 6-5 (Exhibit 19B – Project 6-5 Record Drawings). In 1999, the Fairview Relief Trunk was constructed under Project 6-12 (Exhibit 19C – Project 6-12 Record Drawings). The purpose of the Fairview Relief Trunk was to alleviate capacity issues along the Fairview Trunk and to that end the parallel trunks are connected via diversion manholes that allow the flow to be conveyed to either trunk utilizing board settings within the manhole. Project 6-12 was preceded by the construction of the Baker-Gisler Interceptor under Projects 14-1-1A (Exhibit 19D – Project 14-1-1A Record Drawings) and 14-1-1B (Exhibit 19E – Project 14-1-1B Record Drawings) which connects the Fairview Trunk system to the Baker-Gisler Interceptor and ultimately conveys flows to Resource Recovery Plant No. 1 located in Fountain Valley. The 2019 Collections Capacity Evaluation Study (Exhibit 19F – Collections Capacity Evaluation Study Final Report) found that the Fairview Trunk system experiences minor surcharging during large wet weather events; however, the surcharging does not necessitate a project at this time. In fact, although historically the system was identified as a potential candidate for pipeline upsizing, the local sewer agency, Costa Mesa Sanitary District, has been successful at reducing the amount of inflow and infiltration that enters the system and continues to work diligently toward that end. The characteristics of the Fairview Trunk are typical for sewer systems built during the 1950’s and include shorter pipe segments between manholes and connections to manholes that potentially serve single developments. The pipe segments consist of vitrified clay pipe (VCP) ranging in size from 12-inch to 24-inch. Most manhole structures on the Fairview Trunk are 48-inch brick manholes that have been coated (Exhibit 19G – Fairview Trunk Manhole Sampling and Assessment Report). Newer manholes along the alignment were built as part of Project 6-12 and are typically 60-inch or larger, made of concrete, and lined. Two of the manholes are diversion manholes (Diversion 105, and 94; Exhibit 19H – Diversion 94, 104, and 105 Record Drawings) that can be utilized to convey flow north to the downstream connection with the Fairview Relief Sewer or east to the upper portion of the same. The Fairview Relief Trunk characteristics are typical of more modern construction methods. The pipe segments consist of 24-inch and 27-inch VCP. The manholes are spaced at greater distances, are larger in diameter, and are lined concrete manholes. One manhole is a diversion manhole (Diversion
1.0
1.1
July 2022 6-20 – Design SOW Page 6 of 39
104; Exhibit 19H – Diversion 94, 104, and 105 Record Drawings) conveys flow north to the Baker-Gisler Interceptor or west to the parallel Fairview Trunk. Pipeline CCTV inspection records for the original Fairview Trunk date back to 2007, with the most recent pipeline and manhole CCTV inspections being completed in 2020 (Exhibit 19I – 2020 Pipeline CCTV Reports; Exhibit 19J – 2020 Manhole CCTV Reports). Recent pipeline CCTV
inspections have identified significant fractures, and longitudinal cracks that continue to develop and
worsen over time. In addition, some multiple fractures have been discovered in a few segments of the Fairview Relief Trunk.
GENERAL PROJECT DESCRIPTION
This project will rehabilitate approximately 9,500 linear feet of VCP; replace, rehabilitate, or abandon thirty-six manholes; partially rehabilitate nine manholes; and perform six spot repairs on the Fairview
Trunk system (Exhibit 18 – 6-20 Fairview Trunk Rehabilitation Project Elements Map). All the facilities to be rehabilitated or replaced are in the City of Costa Mesa, in Fairview Road between the
Paularino Channel to the north and Newport Boulevard to the south. Pipeline rehabilitation methods consists of installing cured in place pipe (CIPP); manhole rehabilitation or replacement methods will be
evaluated and determined through the design process. Hydraulic modeling will be conducted to determine structural liner thickness, bypass flows, and verify minimal impacts to system hydraulics.
PROJECT EXECUTION PHASES
All OC SAN projects are divided into six phases. CONSULTANT shall provide engineering services for all Project Elements listed in this Scope of Work for the following Phases:
Phase 1 – Project Development (Not in this Scope of Work)
Phase 2 – Preliminary Design
Phase 3 – Design
Phase 4 – Construction (Not in this Scope of Work)
Phase 5 – Commissioning (Not in this Scope of Work)
Phase 6 – Close Out (Not in this Scope of Work)
DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.4.1 PROJECT ELEMENT 1 – REHABILITATION OF FAIRVIEW TRUNK SEWER
A. Rehabilitate the segments of pipeline shown in green on Exhibit 18 – Fairview Trunk Rehabilitation Projects Element Map.
1. Cured in place pipe (CIPP) approximately 525 LF of 27-inch VCP
2. CIPP approximately 100 LF of 24-inch VCP
3. CIPP approximately 4,335 LF of 21-inch VCP
4. CIPP approximately 90 LF of 18-inch VCP
5. CIPP approximately 3,600 LF of 15-inch VCP
6. CIPP approximately 790 LF of 12-inch VCP
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the CONSULTANT shall make the following assumptions regarding this project element:
1.2
1.3
1.4
July 2022 6-20 – Design SOW Page 7 of 39
a. Pumped bypass required for segments from Newport Blvd to Wilson Street. All other pipe segments are assumed to lineable by bypassing all upstream flows to the Fairview Relief Sewer. Bypassing of Costa Mesa lateral inflows will be designed with preference on gravity diversions over pumping. Detailed bypass plans showing the work area for routing of the bypass line(s) is required at each location. Detailed traffic control plans are required for bypass system installation in coordination with traffic control plans
required for sewer rehabilitation. Upstream bypass of all laterals connecting to manholes is required and shall be shown on the bypass plans.
1.4.2 PROJECT ELEMENT 2 – REPLACE, REHABILITATE, OR ABANDON FAIRVIEW TRUNK MANHOLES
A. Replace, rehabilitate, or abandon thirty-six 48-inch brick manholes. Manholes are shown in yellow on Exhibit 18 – Fairview Trunk Rehabilitation Project Elements Map.
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. Up to 31 manholes may be abandoned as part of the project. CONSULTANT to
schedule for coordination of Manhole Abandonment with workshop with OCSan operations staff before condition assessment (2.3.2.2). Manholes recommended for
abandoned do not need condition assessment.
b. Manholes not abandoned (up to 10 manholes) will be rehabilitated with internal
structural liner.
c. Up to 13 new manholes will be constructed to improve operations and maintenance
and/or constructability of the project. The manholes will be designed to meet OC San standards.
1.4.3 PROJECT ELEMENT 3 – REHABILITATION OF FAIRVIEW TRUNK AND FAIRVIEW RELIEF TRUNK MANHOLES
A. Partial rehabilitation of nine manholes shown in red on Exhibit 18 – Fairview Trunk Rehabilitation Project Elements Map.
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. The concrete manhole structures on the FRS are in good condition. Non-structural rehabilitation is assumed for manhole rehabilitation.
1.4.4 PROJECT ELEMENT 4 – SPOT REPAIRS ON FAIRVIEW RELIEF TRUNK SEWER
A. Spot repair on the segments of pipeline shown in blue on Exhibit 18 – Fairview Trunk Rehabilitation Project Elements Map. The spots repairs are necessary to fix pipe fractures of
different severity levels; however, lengthy longitudinal cracking is also prevalent along the pipeline segments.
1. Spot repair approximately 120 LF of the 27-inch VCP pipe segment between BKR0145-0055 and BKR0145-0060.
2. Spot repair approximately 130 LF of 27-inch VCP pipe segment between BRK0145-0060 and BKR0145-0065
3. Spot repair approximately 90 LF of 24-inch VCP pipe segment between BRK0145-0090 and BKR0145-0095
4. Spot repair approximately 250 LF of 24-inch VCP pipe segment between BRK0145-0095 and BKR0145-0100
July 2022 6-20 – Design SOW Page 8 of 39
5. Spot repair approximately 120 LF of 24-inch VCP pipe segment between BRK0145-0105 and BKR0145-0110
6. Spot repair approximately 200 LF of 24-inch VCP pipe segment between BRK0145-0110 and BKR0145-0115
B. Assumptions for Level of Effort
1. For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
a. Trenchless methods will be used to perform spot repairs.
b. Gravity bypass of flows to FTS assumed for four (4) segments. Pumped bypass assumed for two (2) segments. Detailed bypass plans showing the work area for temporary pumping and the routing of the bypass line(s) are required at each location. Detailed traffic control plans are required for bypass system installation in coordination
with traffic control plans required for sewer rehabilitation. Upstream bypass of all laterals connecting to manholes is required and shall be shown on the bypass plans. Flexible scheduling to accommodate restrictions and avoid wet weather will be considered to minimize required pump volumes. Additional hydraulic modeling will be
conducted to simulate up to six (6) gravity or pumped bypass scenarios.
1.4.5 PROJECT ELEMENT 5 - TEMPORARY FACILITIES DURING CONSTRUCTION
A. In certain cases, construction sequencing constraints may require the contractor to construct a temporary facility to be used during a certain portion of the construction period. CONSULTANT shall identify in what instances such facilities are required or reasonably warranted and present those instances with implementation plans and construction sequencing
constraints to OC SAN for consideration. When such facilities are found to be either required or reasonably warranted, CONSULTANT shall provide sufficiently detailed drawings and
specifications to be included in the Bid Documents that bidders understand what is required to provide and potentially operate the temporary facilities and that the reliability and performance of the facilities will meet OC SAN’s needs and reasonably mitigate construction risks. Examples of potential facilities include:
1. Temporary odor control facilities (due to CIPP curing process)
a. Coordinate with OC SAN personnel to develop odor control plan to mitigate for
fugitive odors during construction.
2. Bypass pumping to rehabilitate pipeline segments
B. CONSULTANT shall design measures for the temporary handling of flows to be implemented by the Contractor during construction considering OC SAN’s goal of zero sewage
spills. Consideration for mitigation odors during CIPP curing process will be included.
1.4.6 COORDINATION WITH OTHER PROJECTS
A. The following projects may impact or require coordination with this project:
1. City of Costa Mesa Paving Project at Intersection of Fairview Road and Wilson Street This project may initiate a paving moratorium (the project schedule is unknown at this time) and will require additional coordination with the City to determine work restrictions and/or paving requirements.
2. PS20-02 Collection System Flow Level Monitoring Study This study will install a level flow monitor in a manhole along Fairview Relief Trunk. Depending on the finalized construction scheduling the removal of the level monitor may be necessary to facilitate the project bypass strategy. Also, detailed information regarding the timing of diversion setting changes will need to be coordinated with the project so the level information is not compromised.
July 2022 6-20 – Design SOWPage 9 of 39
DESIGN CONSIDERATIONS
The following design considerations shall be carried from Preliminary Design through Final Design.
1.5.1 TECHNOLOGY AND CONFIGURATION CHOICES
The Project Elements in this facility shall be achieved using proven technologies. Alternative means of accomplishing the project elements must be reviewed and accepted by OC SAN prior to detailed
evaluation. All alternative technologies proposed should be currently operating in other wastewater treatment facilities of similar capacity.
1.5.2 DESIGN DECISIONS
Design decisions shall be agreed upon by OC SAN prior to any work being performed by the
CONSULTANT in preliminary and detailed design. All design decisions shall be documented.
1.5.3 DESIGN SELECTION CRITERIA
A.Design selection shall consider construction, lifecycle, operation, and maintenance costs as
well as process benefits and overall quality. When design recommendations are presented toOC SAN, the design selection criteria shall be clearly identified with the recommendation.
B.The cost estimate shall consist of a life cycle cost analysis for the options proposed,including costs for engineering, construction, start-up, and operational and maintenance, and
future rehabilitation and replacement.
C.The construction cost estimate shall be as described in Engineering Design Guidelines
Section 01.4.6 included as Exhibit 17 - OC SAN Engineering Design Guidelines andStandards – Available online at https://www.OC SAN.com/about-us/transparency/document-central/-folder-917. Life cycle cost analysis is described inSection 01.2.19 of the Guidelines.
1.5.4 PROJECT ELEMENT DESCRIPTION REVISIONS
CONSULTANT shall review and revise the Project Element Descriptions using track changes at the end
of Preliminary Design and at each design submittal. Changes shall be submitted to OC SAN for review.
1.5.5 COST MODEL
A.CONSULTANT shall prepare the cost model to be used to demonstrate the true cost ofmajor project decisions. With each major project decision, the CONSULTANT shall review and
update the cost model. The cost model shall be a living document between the CONSULTANTand OC SAN to ensure that all changes are being acknowledged in the overall project cost.
CONSULTANT shall assume 3 (three) cost model revisions in addition to the cost estimatesdeveloped for the preliminary design and each design submittals.
B.The cost model shall show the implications of the decisions on the life cycle costs and shallbe used in the decision-making process. After decisions are made, the updated construction
costs, and life cycle costs, shall be submitted for project records.
C.The cost model shall be used to track project changes through final design.
D.The construction cost estimate shall be as described in Engineering Design GuidelinesSection 01.4.6 included as Exhibit 17 - OC SAN Engineering Design Guidelines andStandards – Available online at https://www.OC SAN.com/about-us/transparency/document-central/-folder-917.
PROJECT SCHEDULE
1.6.1 GENERAL
1.5
1.6
July 2022 6-20 – Design SOW Page 10 of 39
A. The table below lists the time frames associated with each major project deliverable and with OC SAN’s review and approval of those deliverables. CONSULTANT shall comply with the
deadlines indicated in that table.
B. OCSAN’s Project Manager will issue a Preliminary Design NTP. OCSAN’s Project Manager will also issue a Final Design NTP upon OCSAN’s acceptance of the final Preliminary Design Report.
C. The time frames specified below are used to estimate the actual milestone dates based on the assumed NTP date, as shown in Exhibit 8 - Project Schedule Calculation.
D. OC SAN will consider an alternative CONSULTANT-proposed schedule provided it is consistent with OC SAN resources and schedule constraints and adds value to OC SAN.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Preliminary Design
NTP/Kick off meeting
The kickoff meeting will be scheduled to coincide with the Preliminary
Design NTP.
Submit draft Preliminary Design Report (PDR) 200 workdays from the Preliminary Design NTP. CONSULTANT shall establish a schedule with the OC SAN PM for separately submitting working drafts of each Design Memo for OCSAN review prior to completing the draft PDR. This schedule shall factor in the logical
sequence for completing the memos as well as both CONSULTANT and OC SAN resources.
OC SAN Review of draft PDR 20 workdays from receipt of Draft PDR
Submit final Preliminary Design Report 50 workdays from receipt of OC SAN comments on Draft PDR.
Final PDR Review 15 workdays from receipt of OC SAN comments on Final PDR.
Revise and Submit Final
PDR
10 workdays from receipt of OC SAN comments
Final Design NTP CONSULTANT’s schedule shall allow 5 working days from submittal of the final PDR to receipt of the Design Phase NTP.
Submit Design Submittal 1
(DS1)
N/A
OC SAN Review of DS1 N/A
Submit Design Submittal 2 (DS2) 60 workdays from Design Phase NTP
Review of DS2 20 workdays from receipt of DS2
Submit Design Submittal 3 (DS3) 80 workdays from receipt of OC SAN comments on DS2.
OC SAN Review of DS3 20 workdays from receipt of DS3
Submit Final Design Submittal (FDS) 50 workdays from receipt of OC SAN comments on DS3. CONSULTANT shall stop work upon submission of DS3, except as required to participate in OC SAN meetings, until receipt of OC SAN comments on DS3.
OC SAN Review of FDS 15 workdays from receipt of FDS
Final Technical Specifications and Plans 20 workdays from receipt of OC SAN comments on FDS.
2. PHASE 2 – PRELIMINARY DESIGN
July 2022 6-20 – Design SOW Page 11 of 39
The preliminary design phase will define the project. The final deliverable of this phase will be a Preliminary Design Report (PDR) with the basis of design for all elements of the project.
PRELIMINARY DESIGN EXECUTION (NOT USED)
PREDESIGN EVALUTION STUDIES (NOT USED)
PRELIMINARY DESIGN PRODUCTION
2.2.1 GENERAL
A. Preliminary Design Report (PDR) production involves the preparation of design memos, drawings, calculations, and other supporting material resulting in the PDR.
2.2.2 DESIGN MEMOS
A. The CONSULTANT shall produce Design Memos as indicated below in accordance with Exhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall discuss the combining of design memos with OC SAN and develop a design memo submittal list.
☐Process Design Configuration
☐Design Configuration
☐Redundancy
☐Monitoring and Sampling
☐Process Flow Diagrams
☐Operating Philosophies
☐Site and Facility Layouts
☐Preliminary Load Criticality Ranking Table
☐Hydraulic Analysis
☐Hydraulic Analysis
☐Hydraulic Profile
☐Demolition
☐Describe Demolition Requirements
☐Demolition List
☐Demolition Plans
☐Demo EID
☐Rehabilitation Requirements
☒Geotechnical Data Report
☒Review of Existing Data - Preliminary Geotechnical Report
☒Geotechnical Data Report and Recommendations
☐Civil Design Parameters
☐General Civil
☐Drainage Requirements
☐Corrosion Protection Requirements
☐Utility Requirements
☐Structural Design Parameters
☐Architectural Design Parameters
☐Process Mechanical Design Parameters
☐Building Mechanical Design Parameters
☐Fire Protection
☐Fire Protection Requirements
☐Fire Water Flow Analysis
☐Fire Protection Requirements for Existing Facilities
☐Electrical
2.0
2.1
.2.2
July 2022 6-20 – Design SOW Page 12 of 39
☐Codes/standards. Brief description of electrical system. Electrical drawings.
☐Identify Electrical System Impacts
☐Report – Data Collection and Verification
☐Preliminary Load List
☐Preliminary Standby Power Requirements
☐ETAP – Preliminary Short Circuit Analysis and Load Flow/Voltage Drop Studies
☐ETAP – Provide Data. OC SAN will perform ETAP studies.
☐Preliminary Analysis for cable pull calcs, ductbank cable derating, cable tray fill calcs.
☐Hazardous Area Classification Requirements
☐Instrumentation and Control
☐Instrumentation and Control System
☐Specialty Safety Systems
☐Preliminary SAT
☐PLC and RIO Panel Location Map
☐CCTV Coverage Map
☐Landscaping
☐Landscaping Requirements
☐Develop up to [three] alternative concepts for review and acceptance
☐Plant Utility Investigation Findings
☐Vibration Analysis
☒Collections Basis of Design
☐Codes and Standards
☒Hydraulic Analysis
☐Pipeline Basis of Design
☒Manhole Basis of Design
☒Hydraulic Profiles
☒Collections Rehabilitation Alternatives
☒Pipeline Rehabilitation
☒Manhole Rehabilitation
☒Manhole Rehabilitation versus Replacement
☒Spot Repair Rehabilitation
☒Additional Design Memo Scope: Include the recommendations from the manhole abandonment evaluation preliminary design activity.
☐Collections Pipeline Design
☐Design Memo Items 1-12
☐Open-cut vs. Trenchless Technologies
☐Trenchless Technologies at Major Closings
☒Collections Utility Investigation Findings
☒Collections Conceptual Traffic Control
☒AHJ and Traffic Control Identification
☒Basis for Traffic Control Strategy
☒Traffic Analysis
☒Traffic Control Plans
☒Design Safety Requirements
☒Design Safety Requirements
☒Identify all potential project specific safety issues
☒Identify all potential Cal OSHA and OC SAN safety issues
☒Identify construction safety hazards
☒Use Sample Full Project Safety Review Plan to verify safety elements
☒Risk Management Check List to verify safety elements
July 2022 6-20 – Design SOW Page 13 of 39
☐HAZOP
☒Public Impacts
☐Environmental and Regulatory Requirements
☐CEQA Part of Programmatic EIR
☐CEQA work consists of
☐Determine project environmental and regulatory requirements
☐Matrix of CEQA and Permit Requirements
☐Mitigation, Monitoring and Reporting List
☒Permit Requirements
☒List of Permits Required
☐Oil Well Abandonment
☒Stormwater Requirements
☒Hazardous Material Survey, Mitigation and Control
☐Maintainability
☐Define Maintainability Requirements
☐Maintainability Requirements Plan Drawings
☐Define Maintainability Rules
☐Define Maintainability Information for Project Specific Equipment
☐Facility Operation and Maintenance
☐Facility O&M Requirements
☐Operating Philosophies
☐Preliminary Assessment of O&M Staffing Requirements
☒Implementation Plan
☒Identification of Adjacent Projects
☐Preliminary Commissioning Checklist
☒Preliminary Construction Sequencing Plan
☒Review of Constructability Issues
☒Temporary Handling of Flow
☒Construction Odor Monitoring and Mitigation
☒Preliminary Technical Specification List ☒List Of Stakeholders including but not limited to cities, agencies, residents, businesses,
schools, etc. Required
2.2.3 PRELIMINARY DESIGN DRAWINGS
A. The CONSULTANT shall produce the following Preliminary Design Report drawings in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☒General
☐Demolition
☒Civil
☐Landscape
☒Bypass
☐Structural
☒Traffic Control
☐Mechanical
☐Electrical
☐Instrumentation and Control
2.2.4 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND ORGANIZATION
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A.Preliminary Design Report (PDR) Production involves the preparation of design memos,drawings, calculations, and other supporting material resulting in the PDR.
B.The CONSULTANT shall combine the materials described below into a draft PDR. ThePDR shall be structured as outlined below, with the contents corresponding to the tasks listed inthis Scope of Work.
Volume 1 – Preliminary Design Report Technical Memos Executive Summary Design Memos Design Memo 1, 2, 3, etc. List of Proposed Specification Sections Volume 2 – Drawings (see Exhibit 1 - Preliminary Design Report Requirements) Volume 3 – Submittal Documentation
Calculations Equipment Data & Catalog Cuts Decision Log Meeting Minutes
C.The Executive Summary shall summarize the conclusions of the Memos included in thereport, and specifically include a summary construction schedule and construction cost estimate.
D.The draft PDR and final PDR shall be submitted in searchable PDF format legible on-screenand as a hard copy. The number of hard copies is indicated in Exhibit 9 - DeliverablesQuantities. The labeling and organization of the PDF submittal shall be in accordance withExhibit 14 - Bluebeam Designer Training for Submission.
E.Each evaluation memo and design memo shall be a separate file.
F.The OC SAN Project Manager may request that the CONSULTANT submit an electronic
proof set of the Draft PDR and Final PDR prior to hard copy production to initially confirm thatthe submittal is ready for printing.
2.2.5 PRELIMINARY DESIGN COST ESTIMATE
A.The CONSULTANT shall provide a cost estimate for the associated PDR submittal indicated
below in accordance with Exhibit 1 - Preliminary Design Report Requirements.
PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OC SAN.
2.3.1 HYDRAULIC MODELING
A.Perform hydraulic modeling to determine the following:
1.Implications to the hydraulic profile of both the Fairview Trunk and Fairview Relief Trunkdue to the proposed project elements.
2. The maximum acceptable CIPP liner thickness for each segment of the Fairview Trunk.
3. The design criteria for spot repairs on the Fairview Relief Trunk.
4. The bypass flow and recommended diversion settings for each bypass setup.
2.3.2 MANHOLE CONDITION ASSESSMENT
A.Review CCTV of all forty-five manholes.
B. Perform a confined space entry and condition assessment on up to thirty-six manholes
shown in yellow on Exhibit 18 – Project Elements Map. CONSULTANT shall recommend thetype and extent of effort required to complete the manhole condition assessment in accordance
2.3
July 2022 6-20 – Design SOW Page 15 of 39
the NASSCO Manhole assessment Certification Program (MACP). CONSULTANT shall provide required traffic control and coordinate with the City of Costa Mesa to acquire required permits.
Include the results in the Collections Rehabilitation Alternatives Design Memo.
2.3.3 MANHOLE ABANDONMENT EVALUATION
A. Determine which of the thirty-six manholes shown in yellow on Exhibit 18 – Project Elements Map can be abandoned as part of this project. The final determination will depend on
adherence to OC SAN design standards (length of sewer between manholes, change in diameter, etc.), operations and maintenance requirements, and condition assessment requirements. CONSULTANT shall coordinate closely with OC SAN Collection Facilities Division when making the final recommendation. Seven of the existing manholes have local permitted connections. Include evaluation and recommendation in the Collections Rehabilitation Alternative Design Memo.
2.3.4 SPOT REPAIR EVALUATION
A. Review CCTV of the Fairview Relief Trunk Sewer pipeline segments shown as blue in Exhibit 18 – Project Elements Map to determine the length of the pipeline needing repair. Include evaluation and recommendation in the Collections Rehabilitation Alternative Design
Memo.
2.3.5 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. Unless otherwise directed, the Consultant shall identify, survey, and show all property boundaries, and all existing and proposed easements, within and/or adjacent to the project
boundaries.
B. Consultant shall show and explicitly identify the limits of work for all portions of the project,
including any restrictions to the work allowed in any area, e.g., whether the area can be used for parking or laydown.
C. All survey research and survey field work shall be performed by a Professional Land Surveyor licensed by the State of California.
2.3.6 TOPOGRAPHIC SURVEY
A. Control Surveys for Collection Systems
1. General: Topographical information used on the construction plans shall be generated from an aerial mapping process. CONSULTANT shall provide for the aerial and field
surveys necessary for the mapping process for all applicable Project Elements of the project Scope of Work and shall provide for the aerial mapping. Providing for the process includes paying for, and coordinating and designing the aerial and horizontal/vertical control surveying for the preliminary and final design. CONSULTANT’s responsibilities for the surveys include generating any subconsultant scopes of work, data interpretation and preliminary design. All survey work is to be done under the direction and control of a
Professional Land Surveyor, licensed by the State of California.
2. Aerial Survey: The aerial photography shall have sufficient coverage for the digital topographic mapping. The photo scale of the aerial photography shall not be more than 100 feet per inch for pipeline work or 20-feet per inch for pump stations. Stereo pairs of photographs shall be furnished to OC SAN.
3. Phasing of Work: Other than the aerial and topographic survey work, the balance of the survey work shall not commence until the design phase of the project has been authorized or concurred to by OC SAN.
4. Field Survey Aerial: A field survey shall be used to establish both horizontal and vertical control for the project. Control shall meet or exceed NGVD 88 requirements and shall be based on California State Plan Coordinates (NAD 83) including the 1995 O.C. surveyor’s adjustments. A sufficient number of points shall be used to accurately complete
July 2022 6-20 – Design SOW Page 16 of 39
the digital topographic modeling. No less than five control points per stereo model shall be used.
5. Aerial Field Survey Inclusions: The field survey shall include all survey monuments, topographic features, easements, property lines, culture, and elevations on the plan and profile sheets. All covers, including the existing sewer manholes, storm drain manholes, and utility and valve vaults shall be identified and marked in the field.
6. OC SAN Review Aerial Survey Line: The general location and alignment of the survey line shall be submitted to OC SAN prior to performing the field survey. Survey work shall not commence until authorized or concurred to by OC SAN. CONSULTANT shall be responsible for obtaining and paying for the field survey services.
7. Field Survey Base Line: The field survey shall establish a base line for construction purposes for pipeline work equal to or greater than 500-feet in length. The line will be used
to define the proposed design, in terms of station and offset, and to establish the bearings for right-of-way. The survey line shall be set on 100-foot stations and shall be tied to the established aerial control. The field survey shall tie in all controlling monuments within the map limits and all street centerline intersections. The ties shall be express in both State Plane Coordinates and as station and offset.
8. Manhole Information: The field survey shall also include the measurement of the invert
and manhole rim elevations of all existing sewers within the project reach. The size, orientation and invert of any pipe connections shall also be recorded.
9. Base Map: The base map index contours shall be spaced at five feet (5’) vertically and the immediate contours shall be spaced at one-foot (1’) contour intervals. The mapping shall include digital topographic mapping. The digital format shall be compatible with OC SAN Graphic Information System. All surface features, including those hidden from aerial view
shall be incorporated into the digital mapping.
10. Plan and Profile Sheets: CONSULTANT shall prepare plan and profile sheets based upon the aerial mapping. The scale for plan and profile sheets shall be one-inch equals forty feet (1” = 40’) horizontal and one-inch equals four feet (1” = 4’) vertical. An aerial photographic (photo strip) with the alignment shall be included. The plan view shall be separate from the photo strip. Intersections shall be adequately detailed at a scale of one-
inch equals ten feet (1” = 10’) or one-inch equals twenty feet (1” = 20’). Manholes and other details shall be drawn at a scale that is adequate to provide clarity and sufficient detail for construction. The pump station construction drawings shall be drafted at scales of 1/8” = 1’ to 1” = 20’, as adequate, to allow for sufficient detail to be shown. The basis of bearings and benchmarks shall be indicated on the drawings,
11. Survey Note Submittal: CONSULTANT shall submit two bound copies of all survey
notes and data used to establish vertical and horizontal control. The information submitted shall be suitable for use to establish construction controls. If additional property and/or right-of-way are required, CONSULTANT shall identify property and/or rights-of-way to be acquired. CONSULTANT shall prepare legal descriptions and plats for easements and property to be acquired during the final design phase of the project.
2.3.7 GEOTECHNICAL INVESTIGATION
A. CONSULTANT shall secure the services of a qualified Geotechnical Engineering firm to prepare a Geotechnical Data Report that addresses geotechnical concerns for all applicable Project Elements of the project Scope of Work
B. Soil Explorations
1. The geotechnical services shall include exploratory work such as soil borings necessary to observe, test, classify soils, and monitor groundwater levels and potential groundwater
pollutants of concern.
July 2022 6-20 – Design SOW Page 17 of 39
a. If unexpected or unique soils are encountered, an adequate number of borings shall be taken to try and define the limits of the anomaly.
2. The CONSULTANT shall determine the timing and location of the borings by considering the following:
a. The geotechnical professional’s interpretation of needs and recommendation
b. The recommendations made as part of Project Element 2 – Replace, Rehabilitate, or Abandon Fairview Trunk Manholes
3. The depth of the borings shall be adequate to characterize the soils to a depth of at least five feet below the bottom of an excavation or any proposed sewer invert elevation. At least two borings shall extend ten feet below the proposed excavation bottom or sewer invert.
4. The assumptions for the number of borings, trenching, CPTs, or other exploratory testing will be negotiated upon selection of the most qualified consultant. For the purposes
of this proposal assume 10 soil borings and two (2) CPTs.
C. Ground Water Pump Testing
1. Ground Water Pump Testing is not required but may be added to the scope of work if groundwater detected during geotechnical testing or potholing indicates that groundwater may be encountered during excavation work. The following scope items will guide a contract amendment if determined necessary by OCSan.
2. Conduct ground water pump testing to determine dewatering parameters for inclusion of the specifications.
3. Provide a complete specification for the abandonment of wells for areas where aquifers could be compromised. Potential abandonment methods for deep penetrations might
consist of over drilling and fill with cement-bentonite grout slurry, or deep pressure grouting to create a concrete seal.
D. Groundwater Contamination Testing
1. Perform complete lab analysis for all pollutants regulated under OC SAN Local Discharge Limits (see page 33 of OC SAN’s Wastewater Discharge Regulations Ordinance No. 53).
E. Soil Exploration Locations
1. The location of all soil explorations shall be plotted on a map and attached to the
Geotechnical Report. Preferably, the explorations shall include survey coordinates consistent with the project survey. Complete logs of the soil profiles shall be included in the report.
2. Explorations shall be located strategically within the footprint of the proposed excavation or on the centerline of proposed pipeline alignments. A total of two boring shall be cased and converted into water level monitoring wells for use during construction according to local
agency requirements. CONSULTANT shall obtain all necessary permits for the installation of monitoring wells. CONSULTANT shall also be responsible for abandoning the wells after the construction is completed and the monitoring wells are no longer useful.
3. Work conducted within OC SAN’s treatment plants shall comply with the requirements of the OC SAN Stormwater Management Plan. Work conducted outside OC SAN’s treatment plant shall comply with the requirements of the local jurisdiction.
2.3.8 UTILITY INVESTIGATION
A. To better manage the risks associated with construction excavation, CONSULTANT shall perform a thorough search of all utilities impacted by the work for all applicable Project Elements of this Scope of Work, regardless of size and all other facilities above or below ground. Utilities
include all in-plant, utility company-owned and public agency-owned piping, duct banks, and
July 2022 6-20 – Design SOW Page 18 of 39
other interferences. The search shall include utilities within the public right-of-way, and those located on private property and OC SAN property impacted by the proposed project. The search shall include the records and plans of OC SAN and all respective public and private companies and utilities.
B. Review of OC SAN Records
1. OC SAN’s “As-built/Record” plans may be incomplete or inaccurate with respect to the
routing of individual utilities, pipelines, etc. in the vicinity of the project. CONSULTANT shall check OC SAN records against those of the other agencies, companies, and utilities. These may include, but not be limited to, oil, gas, fuel, water, and sewer pipelines, traffic control facilities, telephone and electrical conduit and duct banks, storm drains, manholes, and other structures.
C. Review of Outside Agency Records
1. CONSULTANT shall contact, in writing, all jurisdictional agencies and utility owners to inform them of OC SAN’s project. CONSULTANT shall request plans showing all the agencies or utility’s facilities, pipelines, etc. in the project area. CONSULTANT shall also request plans and schedules for all proposed construction in the project areas.
CONSULTANT shall develop a schedule to minimize project conflicts and/or coordinate OC SAN projects with local agencies.
2. CONSULTANT shall personally visit each agency/company and search through all available plans, files, and documents. CONSULTANT shall meet with applicable field staff from each agency to confirm the completeness of their research. Abandoned utilities shall also be considered.
3. CONSULTANT shall document the contacts and information requested and received, including that from Underground Service Alert (USA). OC SAN shall be copied on all
correspondence between CONSULTANT and public and private agencies, and utility companies. CONSULTANT shall submit a copy of all documentation to OC SAN with an
itemized submittal letter. CONSULTANT’s Project Manager shall sign the transmittal cover letter and the cover letter shall confirm that CONSULTANT has sent a representative to
each agency/company/utility, performed on-site inspections for each utility, and has listed the utilities.
4. CONSULTANT shall contact USA and request a Substructure listing for the project area.
D. On-Site Inspection
1. An on-site inspection shall be made in the project area. During the on-site inspection, a senior-level CONSULTANT representative shall walk the site accompanied by OC SAN’s
Project Engineer and Supervising Inspector. The CONSULTANT representative shall be experienced in the location and identification of utilities in the field. During the on-site
inspection the CONSULTANT shall document all visible features that indicate utilities within the project area and compare them with the available utility plans.
E. Utilities for Adjacent Properties
1. CONSULTANT shall investigate all utilities serving properties adjacent to the work, and
submit a spreadsheet at the end of the utility research accounting for all anticipated utilities for OC SAN review, with the following information:
a. List all utilities anticipated or each adjacent property.
b. Indicate whether each such utility was found on as-built drawings of any agency,
with an identification of the agencies identifying such utility.
c. Indicate whether the utility was field located by utility through USA process, and, if
so, by which agency.
July 2022 6-20 – Design SOW Page 19 of 39
F. CONSULTANT shall provide all required stamped traffic control plans as part of the encroachment application process required by all cities for use during the geophysical
investigations, potholing, geotechnical borings, and field investigations.
G. Subsurface Utility Investigations
1. Investigation of existing utilities shall be in accordance with the respective ASCE guidelines, except as amended by this Scope of Work. A brief description of the ASCE
guidelines defines the Quality Level of detail for researching subsurface utilities as follows:
a. Quality Level D: Information derived from existing records or oral recollections.
b. Quality Level C: Information obtained by surveying and plotting visible above-ground utility features and by using professional judgment in correlating this information to Quality Level D information.
c. Quality Level B: Information obtained through the application of appropriate
surface geophysical methods to determine the existence and approximate position of subsurface utilities. Quality Level B data shall be reproducible by surface geophysics, such as ground penetrating radar, at any point of their depiction. This information is surveyed to applicable tolerances and reduced onto plan documents.
d. Quality Level A: Precise horizontal and vertical location of utilities obtained by the actual exposure (or verification of previously exposed subsurface and surveyed utilities)
and subsequent measurement of subsurface utilities, usually at a specific point. Minimally intrusive excavation equipment is typically used to minimize the potential for utility damage. A precise horizontal and vertical location, as well as other utility attributes, is shown on the plan documents. Accuracy is typically set to 15-mm vertical
and to applicable horizontal survey and mapping accuracy.
2. Refer to CI/ASCE 38-02, Standard Guidelines for Collection and Depiction of Existing
Subsurface Utility Data for details.
3. CONSULTANT shall determine all utilities impacted by the work for all applicable Project Elements of this Scope of Work. Utilities include utility company-owned, and public agency-owned piping, duct banks, and other interferences. All utilities encountered during the
preliminary design shall be shown on the plans.
4. Subsurface investigation for all utilities in and around the work area shall be performed
to Quality Level D and Quality Level C. All utilities shall be plotted both in plan and profile on a scaled drawing that can later be incorporated into scaled (1” = 40’) plan drawings.
5. CONSULTANT shall submit, for acceptance by OC SAN, recommendations on which utilities should be investigated to Quality Level A and where Quality Level B investigations
should be performed. As part of the submittal, a Potholing Plan and Geophysical Investigation Plan shall be developed including proposed pothole locations and type of
geophysical investigation.
6. Prior to OC SAN’s acceptance of the Potholing Plan/Geophysical Investigation Plan, a
project field walk by the CONSULTANT Project Manager, OC SAN Project Engineer, Supervising Inspector, and other designated OC SAN personnel shall be performed.
H. Potholes and Geophysical Investigation
1. CONSULTANT shall secure the services of a subcontractor to perform the pothole work
and geophysical investigation.
2. CONSULTANT shall “pothole” and perform geophysical investigation on all utilities
described and shown in the accepted Potholing Plan/Geophysical Investigation Plan. CONSULTANT’s staff shall be on-site during up to 25% of the potholing to provide direction
to potholing crew. OC SAN staff shall also be present during potholing. Field investigations include visiting the project work site and each utility to verify the location of all interferences.
July 2022 6-20 – Design SOW Page 20 of 39
3. CONSULTANT shall provide all the related work necessary, including, but not limited to:
a. Documentation of information
b. Notification of USA’s “Dig Alert”
c. Providing field survey
d. Obtaining required permits
e. Submission of traffic control plans
f. Setting up traffic control
g. Soft dig potholing
h. Repairing pavement to local jurisdiction requirements
4. “Soft” excavation potholing methods such as vacuum extraction is preferred; however, excavation methods shall be chosen to adequately define the utility. Crosscut trenches may be preferred for defining some utility locations. Hydro-jetting soft dig should be avoided in
sandy, wet, and contaminated soil conditions.
5. Potholing subcontractor shall measure and document the depth of pavement and of
base material at each pothole, and every five feet along crosscut trenches.
6. Work conducted within OC SAN’s treatment plants shall comply with the requirements of the OC SAN Stormwater Management Plan. Work conducted outside OC SAN’s treatment plant shall comply with the requirements of the local jurisdiction.
7. The results of potholing and geophysical efforts shall be summarized in a field finding report.
8. CONSULTANT shall backfill and repair potholes consistent with the requirements of the local jurisdiction. If CONSULTANT is unable to determine local jurisdiction requirements prior to the proposal, CONSULTANT shall assume the following requirements:
a. The materials removed from the excavation may not be used for backfill, unless
approved by the local jurisdiction. If approved, excavated material used to fill potholes shall be placed with a maximum lift thickness of four inches and mechanically compacted.
b. If not approved, the CONSULTANT shall be responsible for hauling off and
disposing of excavated pothole material. In this case, excavation holes shall be filled with a cement slurry mix from the bottom up. The excavated materials shall be tested
for hazardous materials and disposed of offsite accordingly. Testing shall be the minimum required for classifying the materials. The potholing samples shall be tested by a California Environmental Laboratory Accreditation Program (ELAP) certified laboratory to identify characteristics of hazardous waste. A substance shall be
considered hazardous if it possesses properties of toxicity, ignitability, corrosivity and/or reactivity per California Code of Regulations Title 22, Section 66261. In addition,
Minimum the laboratory testing shall include an on-site Organic Vapor Analyzer (OVA) test for potential hydrocarbon contaminants. Should the OVA reading be equal to or
greater than 45 ppm, further laboratory Minimum testing shall be performed to include Benzene, Toluene, Ethyl Benzene, and Xylene (BTEX) test per EPA guideline 8020 and
Total Hydrocarbons (TPH) tests per EPA guideline. should the OVA reading be equal to or greater than 45 ppm.
c. AC pavement shall be replaced to full depth or the structural section (AC & Base) plus two inches with hot mix asphalt unless otherwise required by the City. Cold mix
shall only be allowed when the patch will be replaced by the project and were approved by the City.
July 2022 6-20 – Design SOW Page 21 of 39
d. Concrete pavement shall be replaced to full depth plus two inches with Portland cement unless otherwise required by the City.
I. Quantitative Assumptions
1. CONSULTANT’s fee proposal shall include a cost for potholes and unit cost for additional potholes. The cost shall provide for up to 52 potholes during preliminary design.
2. The assumptions for potholing or other exploratory testing will be negotiated upon
selection of the most qualified consultant. The Request for Proposal may include a requirement to list assumptions used for the fee estimate.
J. Depiction of Utilities and Potholes on Plans
1. All utilities encountered during the preliminary design shall be shown on the Plans. Project work that requires other agencies to relocate existing utilities shall be coordinated during the design by CONSULTANT. Each subsurface utility shown on the drawings shall
include the Quality Level to which it was investigated as required by CI/ASCE 38-02. Pothole locations shall be shown on drawings with survey information.
K. Relocation of Existing Utilities
1. Project work that requires other agencies to relocate existing utilities shall be coordinated during design by CONSULTANT.
2.3.9 PUBLIC RELATIONS
A. The CONSULTANT shall secure the services of a Public Outreach Subconsultant to support OCSan led public outreach activities required during preliminary and design phases. The
subconsultant’s services are currently anticipated to be required during the construction phase.
2.3.10 SPECIALTY SERVICE
A. The CONSULTANT shall secure the services of a qualified biologist to perform a biological reconnaissance of the pipeline alignment during PDR and again during DS3. The intent of the
reconnaissance is to determine if suitable habitat for migratory nesting birds occurs along the alignment and as such shall be performed during the typical migratory bird nesting season (typically February 1 through August 31). If it is determined that suitable habitat is present the CONSULTANT shall develop a mitigation plan that will minimize impacts to the migratory bird
population and incorporate construction activities, work restrictions, and phasing into the project bid documents to accommodate the mitigation plan.
2.3.11 VALUE ENGINEERING ASSISTANCE (NOT USED)
2.3.12 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance may span across Phase 2 – Preliminary Design and Phase 3 - Design. When such services are required, they will be based
on the requirements of Section III – Project Schedule and the schedule constraints associated with each permit. The CONSULTANT shall allocate the budgeted hours between the
Environmental Documentation services in Phase 2 and Phase 3 based on when these services will be required.
B. For all applicable Project Elements of this Scope of Work, CONSULTANT shall provide Bid Documents that ensure that the facility features and the facility performance, and construction
procedures comply with all conditions of existing permits and permits required to construct this project. Construction drawings, specifications and supplemental drawings shall be prepared, as
necessary, in the format required to obtain all permits.
C. CONSULTANT shall assist OC SAN in obtaining permits. This assistance shall include
completing application forms provided by OC SAN, preparing supporting documentation for the permit applications as required by the issuing agency, furnishing the required number of copies
July 2022 6-20 – Design SOWPage 22 of 39
of all construction drawings and exhibits, and attending meetings with permitting agencies at the request of OC SAN.
D.Except for construction contractor-furnished permits, OC SAN staff will execute allapplications. All permit fees will be paid directly by the OC SAN and will not be part ofCONSULTANT’s fee.
E.CONSULTANT shall submit all supporting documentation in a timely fashion for all permits
required for this project as described below.
F.City Encroachment Permits
1.City of Costa Mesa
2. The CONSULTANT shall assume ten meetings at two hours each.
G.Stormwater Permitting
1.CONSULTANT shall determine the required stormwater permit.
2.CONSULTANT shall determine and specify the preliminary Risk Level and Project Typeusing the California State Water Resources Control Board’s Storm Water MultipleApplication and Report Tracking System (SMARTS) based on the R-Factor obtained fromUS EPA’s online Rainfall Erosivity Factor Calculator for Small Construction Sites.
3.CONSULTANT shall prepare the specification for stormwater using OC SAN’srespective master specification as a starting point. CONSULTANT shall not begin work on
editing the specification until OC SAN has approved the Consultant’s preliminary Risk Leveland Project Type.
4.It is OC SAN’s intent to design linear underground/overhead projects (LUP) to LUP Type2 requirements, whenever possible, which is often the most economical approach.
CONSULTANT shall coordinate with the OC SAN Project Manager and OC SANEnvironmental Compliance Division and edit Stormwater Pollution Prevention Plant
specifications accordingly.
2.3.13 PROJECT MANAGEMENT
A.CONSULTANT shall be responsible for managing CONSULTANT’s project execution,schedule, budget, subconsultants, and coordination with other projects. The CONSULTANT
shall perform the project management requirements in accordance with Exhibit 3 - ProjectManagement Requirements with the project specific options identified below.
B.Project Management Plan (PMP):
☐Not required
☒Required
☐PMP approval prior to beginning technical work on the project.
C.Project Logs
☒Major Decision Log
☒Project Decision Log
☒Action Item Log
☒Decision Issues Log
☒Meeting Log
☒Risk Management Log
D.Progress Report, Status of Cost Model
July 2022 6-20 – Design SOW Page 23 of 39
☐Not required
☒Required
E. Project Invoices
1. Costs for invoicing shall be grouped into the following work packages:
Work Package Description Tasks
3146 Preliminary Design All Phase 2 tasks
3250 CONSULTANT Services During Design Tasks 3.1 through 3.3
3252 Design Submittal 2 Task 3.0, divided into effort by design
submittal. FDS is charged against DS3. 3253 Design Submittal 3
3254 Bid Phase Support Services Task 3.4
2.3.14 RISK MANAGEMENT
A. When required below, CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk Management Requirements with the project specific options identified below.
B. Risk Management:
☐Not required
☒Required
☒Initial Risk Workshop
☒PDR Risk Management Workshop: four hours (held three weeks prior to draft PDR at
OC SAN)
C. Moderator
1. CONSULTANT shall provide a suitably qualified moderator to conduct the Workshops defined in Exhibit 4 - Risk Management Requirements. The moderator shall have the following attributes:
a. Sufficiently technically knowledgeable to understand the nature of the risks involved, but the moderator need not be a subject matter expert.
b. CONSULTANT’s Project Manager and Project Engineers for this project are not considered suitable.
2. The Preliminary Design Risk Management Workshop shall be planned and scheduled for a duration of four hours and will be held at the project site and at OC SAN offices.
2.3.15 QUALITY CONTROL
A. The CONSULTANT shall provide quality control requirements in accordance with Exhibit 6 - Quality Control Requirements.
PDR WORKSHOPS AND MEETINGS
2.4.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
2.4.2 PDR PRODUCTION WORKSHOPS
A. Predesign Kickoff Workshop
1. A two-hour project kick-off meeting shall be held with OC SAN staff to introduce principal members of OC SAN and CONSULTANT’s teams. The discussion topics shall include: OC SAN responsibilities, CONSULTANT’s responsibilities, invoice procedures, personnel
2.4
July 2022 6-20 – Design SOW Page 24 of 39
badges, parking, site access, CONSULTANT’s Scope of Work, detailed project schedule with milestones, Work Breakdown Structure requirements, and OC SAN confined space and
other safety policy training.
B. PDR Production Workshops shall be held remotely during Preliminary Design to review the topics listed below. The list below also indicates the number of workshops to be held to cover the specific topic. Unless otherwise noted, each workshop shall be three hours in length.
PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF WORKSHOPS
2.4.2.1 PDR Production Kickoff 1
PDR Production Workshops
Geotechnical and Utility Investigations 1
Collections Basis of Design 1
Collections Rehabilitation Alternatives 1
Manhole, Replacement, Rehabilitation, Abandonment Alternatives 2
Design Safety Requirements and Hazardous Materials and Permit Requirements (including Stormwater Requirements) 1
Public Impacts, Traffic Control, and Odor Monitoring and Mitigation 1
Implementation Plan and Work Sequencing 2
2.4.3 PDR REVIEW WORKSHOPS
A. CONSULTANT shall hold the following workshops to review the draft Preliminary Design Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1. Draft PDR Presentation
2. PDR Validation Workshop
2.4.4 PDR CONSTRUCTABILITY WORKSHOP
A. A constructability workshop shall be held after the draft PDR submittal review to identify any fatal flaws in the design relative to constructability. Some of the subjects that shall be covered in this workshop include the following: conflicts between design disciplines, geotechnical considerations, construction sequencing, power outages, equipment shutdowns, viability of equipment relocation, safety, operational requirements, access for maintenance, size-critical
equipment requirements and constraints, permitting, public nuisance issues, other local conditions, and constraints.
B. This workshop shall be held at OC SAN facilities and shall generally be four hours in length. OC SAN and CONSULTANT staff shall attend this workshop.
C. CONSULTANT shall be responsible for completing the following tasks relative to the workshop:
1. Prepare package for constructability review workshop participants. The package shall consist of detailed plans and specifications and other information selected by CONSULTANT.
2. Prepare presentation on the project.
3. Summarize the constructability review workshop comments and action taken on each comment in a memorandum.
July 2022 6-20 – Design SOW Page 25 of 39
4. All comments and recommendations of the workshop shall be incorporated into Implementation Plan Design Memo and the Bid Documents.
2.4.5 TECHNICAL PROGRESS MEETINGS
A. Technical Progress Meetings shall be held every four weeks to review various issues with OC SAN’s project team. The CONSULTANT shall coordinate with the OC SAN Project Manager to determine what topics will be covered in what meetings, and what OC SAN and
CONSULTANT team members are required for each.
2.4.6 FOCUSED MEETINGS
A. Focused meetings shall be remote and held throughout preliminary design to discuss specific issues in detail and generate comments and direction from OC SAN staff. The following tentative list of topics may be covered in these meetings:
1. Site meetings (traffic, site walk, public outreach, cleaning, etc.) Assume Two Six two-
hour in person meetings
2. Hydraulic Modeling
3. Site utility coordination, Utilities, and Potholing
4. Traffic Control and Permits
5. OC SAN Safety Standards, confined space, and other safety requirements and Construction Sequencing
B. Meeting lengths shall be as required to cover the topic in question. Depending on subject matter and attendees, one meeting may cover multiple subjects. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may be scheduled with OC SAN staff, as necessary to allow coordination between CONSULTANT and OC SAN staff.
2.4.7 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing facilities and coordinated with other construction projects. CONSULTANT shall coordinate potential conflicts with the following adjacent projects and participate in the number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
PS20-02 Collection System Flow Level Monitoring Study Installation of level monitors within manhole 1 – 1 hour meeting
City of Costa Mesa Paving Project Intersection of Fairview Road and Wilson Street 2 - 1-hour meetings
2.4.8 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with
stormwater regulatory requirements and OC SAN’s policies and practices.
3. PHASE 3 – DESIGN
BID DOCUMENTS
3.0.1 GENERAL
3.0
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A. CONSULTANT shall provide engineering services to prepare biddable plans, technical specifications, and other Bid Documents as required based on the design concepts and criteria developed during Phase 2 - Preliminary Design. In this Scope of Work, construction documents include specifications, drawings, and bypassing plans.
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
A. All changes in OC SAN’s Engineering Standards, OC SAN’s Design Guidelines, and/or
changes in design concepts and facility layouts as a result of OC SAN comments that may occur up to transmittal of OC SAN comments on Design Submittal 2, shall be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-Exceed upper limit on fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
A. The following are the minimum Additional GRs topics required for this project:
☒Summary of Work
☒Work Sequence
☒Work Restrictions for Collections
☒Permits
☒Environmental Restrictions and Controls
☒Measurement and Payment (includes Mobilization/Demobilization)
☒Contractors Construction Schedules and Reports
☐Seismic Design Criteria (for those restraints, supports, etc. to be design by the Contractor)
☐Shipping, Storage and Handling
☒Traffic Control
☒Contractor and Engineer’s Field Office
☒Project Control Management System (PMWeb construction management software)
☐Equipment Service Manuals
☐Equipment and Instrument Database (EID)
☐Commissioning
☐Training of OC SAN Personnel
☒Hazardous Materials Mitigation and Controls
☐Mold Remediation and Controls
3.0.4 DESIGN SUBMITTALS
A. The CONSULTANT shall produce the following design submittals as indicated below in accordance with Exhibit 2 - Design Requirements. If a design submittal is eliminated, then the design submittal shall include the requirements associated with the required design submittal along with the requirements associated with the previous unchecked design submittals.
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
☒Final Technical Plans and Specifications
B. Continuing Work After Design Submittal Submission
☐CONSULTANT is expected to continue design work on the project while OC SAN staff
reviews Design Submittal 1 and Design Submittal 2. For Design Submittal 3, CONSULTANT shall stop all design work until receipt of OC SAN comments on that submittal.
☒CONSULTANT is expected to stop design work on the project until OC SAN staff
completes the review of each Design Submittal.
July 2022 6-20 – Design SOW Page 27 of 39
3.0.5 CONSTRUCTION SUBMITTAL ITEMS LIST
☐OC SAN will develop the Construction Submittal Items List in accordance with Exhibit 2 -
Design Requirements.
☒CONSULTANT shall develop the Construction Submittal Items List in accordance with Exhibit 2 - Design Requirements.
3.0.6 TEMPORARY FACILITIES DURING CONTRUCTION
☐Temporary facilities and bypass pumping are not required.
☒Temporary facilities and bypassing during construction are required, as described under the
“Temporary Facilities During Construction” paragraph under the Project Elements and shall be described in words on the drawings and technical specifications.
☒Detailed plans and work sequence for temporary facilities and bypassing during construction,
as described under the “Temporary Facilities During Construction” paragraph under the Project Elements.
DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A. The CONSULTANT shall provide a Design Submittal Support Documentation in accordance with Exhibit 2 - Design Requirements.
B. Design Information
1. CONSULTANT shall include the following material with each Design Submittal:
a. CONSULTANT shall maintain the Project Logs specified under Phase 2 Project Management through Phase 3. Current copies of all logs shall be included with each Design Submittal.
b. Written response log to OC SAN comments on the previous submittal.
c. Regulatory Compliance Matrix. This matrix shall list all known permit requirements with the corresponding description of how each requirement is to be satisfied. Measures to satisfy requirements might be in the GRs, Additional GRs, particular specification requirements, or actions taken separately from the construction contract.
d. Calculations
e. Draft or final Geotechnical Reports not submitted in the previous submittal and those revised since the previous submittal.
f. Draft or final Field Findings Reports not submitted in the previous submittal and those revised since the previous submittal.
g. All memos that may have been prepared since the previous submittal was delivered.
C. Facility Operation and Maintenance
☐Not required.
☐Update operating philosophies
☐Update estimates of Operation and Maintenance staffing requirements
D. Electrical Deign Documentation
☒Electrical design documentation not required.
☐Updated Electrical Load Criticality Table
☐Electrical Analysis Report
☐Load list for all equipment
3.1
July 2022 6-20 – Design SOW Page 28 of 39
☐Equipment sizing from three manufacturers for motor control centers, switchgear, transformers, and power panels
☐Lighting calculations
☐Standby generator sizing calculations
☐Ductbank cable pulling tension, derating, and cable tray fill calculations
E. Power System Studies
☒ETAP not required.
☐Plant ETAP model for the project performed by OC SAN.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
A. The CONSULTANT shall provide cost estimates for the associated design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☒PDR
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A. The CONSULTANT shall provide a Preliminary Construction Schedule for the associated
design submittal indicated below in accordance with Exhibit 2 - Design Requirements.
☐Construction Schedule is not Required
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A. The CONSULTANT shall recommend the appropriate procurement alternatives as described in Exhibit 2 - Design Requirements.
☒Procurement alternatives not required
☐Procurement alternatives required
DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified subconsultant. In any case, the CONSULTANT shall be responsible for managing all subconsultants, including reviewing their work products prior to submission to OC SAN.
3.2.1 EASEMENTS, PROPERTY BOUNDARIES AND WORK AREA LIMITS
A. CONSULTANT services related to Easements, Property Boundaries and Work Area Limits on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.2 TOPOGRAPHIC SURVEY
A. CONSULTANT services related to Topographic Survey on the project are specified in Phase
2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on when
these services will be required.
3.2
July 2022 6-20 – Design SOWPage 29 of 39
3.2.3 UTILITY INVESTIGATION
A.CONSULTANT services related to Utility Investigation on the project are specified in Phase2 – Preliminary Design and those services shall continue during Phase 3 – Design as required.CONSULTANT shall allocate the budgeted hours between Phase 2 and Phase 3 based on whenthese services will be required.
B.Final Design Submittal Utility Coordination Reviews
1.During DS3 submittal review, the CONSULTANT shall meet with outside agencies toverify any changes made by agency during final design period and compare them with theContract Drawings. CONSULTANT shall follow through with due diligence on utilities that donot participate in the USA program, unknown owner of a facility and/or abandoned utilities.
2.During DS3 submittal review, an on-site inspection shall be made in the project area.During the on-site inspection, a senior-level CONSULTANT representative shall walk the site
accompanied by OC SAN’s Project Engineer and Supervising Inspector. TheCONSULTANT’s representative shall be experienced in the location and identification ofutilities in the field. During the on-site inspection the CONSULTANT shall document allvisible features that indicate utilities within the project area and compare them with the
Contract Drawings.
3.2.4 NOISE EVALUATION SERVICES
A.CONSULTANT shall secure the services of a Subconsultant to prepare a field finding NoiseReport. This report shall include the following:
1.Visit site and conduct ambient noise measurements to establish baseline.
2.Identify external sources of noise.
3.Identify potential methods for defining noise impacts.
4.Develop noise model consistent with noise impact assessment methods.
5.Determine exterior noise levels and compliance with assessment standards.
6.If required, develop mitigation measures to meet design standards.
7.Determine compliance with OSHA’s regulations.
8.If needed, determine mitigation measures to meet OSHA’s requirements.
9.Prepare written report on findings and recommendations.
3.2.5 TRAFFIC CONTROL SERVICES
A.CONSULTANT shall determine traffic control requirements and prepare plans andspecifications for all construction activities performed within or adjacent to the public ROW. Thetraffic control plans shall be approved by the AHJ by FDS. Additionally, the Traffic Controldesigner shall attend City and OC SAN Submittal review meetings, workshops, validation
meetings and focus meetings, as needed. The Traffic Control designer shall attend Stakeholdersand OC SAN review meetings, as needed.
3.2.6 PUBLIC RELATIONS
A.CONSULTANT services related to Public Relations on the project are specified in Phase 2 –Preliminary Design and those services shall continue during Phase 3 - Design. TheCONSULTANT shall allocate the budgeted hours between the Public Relations services in
Phase 2 and Phase 3 based on when these services will be required.
3.2.7 SPECIALTY SERVICE
A.CONSULTANT services related to Specialty Service on the project are specified in Phase 2–Preliminary Design and those services shall continue during Phase 3 - Design.
July 2022 6-20 – Design SOW Page 30 of 39
CONSULTANT shall allocate the budgeted hours between the Specialty Service in Phase 2 and Phase 3 based on when these services will be required.
3.2.8 PERMITTING ASSISTANCE
A. CONSULTANT services related to Permitting Assistance on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 - Design. CONSULTANT shall allocate the budgeted hours between the Permitting Assistance services in
Phase 2 and Phase 3 based on when these services will be required.
3.2.9 PROJECT MANAGEMENT
A. CONSULTANT shall be responsible for managing CONSULTANT’s project execution, schedule, budget, subconsultants, and coordination with other projects. CONSULTANT services related to Project Management on the project are specified in Phase 2 – Preliminary Design and those services shall continue during Phase 3 – Design as required. CONSULTANT shall
allocate the budgeted hours between Phase 2 and Phase 3 based on when these services will be required.
3.2.10 RISK MANAGEMENT
A. CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk Management Requirements. Moderator shall be as specified for Phase 2 – Preliminary Design.
B. Risk Management:
☐Not required
☒Required
☐DS1 Risk Workshops: N/A hour (held during OC SAN’s review of DS1 at OC SAN)
☒DS2 Risk Workshops: 4 hour (held during OC SAN’s review of DS2 at OC SAN)
☒DS3 Risk Workshop: 4 hours (held during OC SAN’s review of DS3 at OC SAN)
3.2.11 QUALITY CONTROL
A. The CONSULTANT shall provide Quality Control requirements in accordance with Exhibit 6 - Quality Control Requirements.
Independent Multi-Discipline Design Workshop is not required.
☐Independent Multi-Discipline Design Workshop is required. (minimum duration of 1 days)
DESIGN WORKSHOPS AND MEETINGS
3.3.1 GENERAL
A. Workshop and meeting planning, requirements, agendas, and meeting minutes shall be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
3.3.2 DESIGN PHASE WORKSHOPS
A. The focus of workshops is to review project progress to date and the technical decisions that have been made in focused meetings. CONSULTANT shall conduct the workshops listed below in Phase 3 – Design after each design submittal. The CONSULTANT shall allow the following time for each workshop:
3.3
July 2022 6-20 – Design SOW Page 31 of 39
DESIGN PHASE WORKSHOPS
WORKSHOP TYPE DURATION
Design Kickoff Workshop 2 hours
Design Review Meetings 4 hours
Design Validation Meeting 4 hours
B. The Design Review Meetings shall include the following topics, as applicable to the project:
1. Civil
2. Construction
3. Traffic control
4. Bypass pumping
3.3.3 PRE-DS3 CONSTRUCTABILITY WORKSHOP
A. OC SAN will arrange for an independent constructability review for this project.
CONSULTANT shall support this process as described below.
B. A constructability workshop will be held prior to the DS3 submittal and will be a three day workshop. The constructability review is intended to provide OC SAN with an objective third-party review of the Bid Documents for effectiveness in communicating information to prospective bidders. The review shall determine if the Bid Documents have sufficient information needed to bid and construct the project and avoid misunderstandings and misinterpretations that may lead
to conflict, confusion or claims during construction. This review is not a comprehensive plan check, a dimensional check, or a value engineering assignment. Further, it is recognized that
comments may only be given on the level of detail provided at this level of design.
C. Constructability review participants will include highly experienced individuals from construction companies, OC SAN construction management staff and CONSULTANT construction management staff. OC SAN may also include specialty consultants and discipline
engineers.
D. Each constructability review participant will receive a package at least two weeks in advance. The package shall include plans and specifications, general conditions, the CPM schedule, the construction cost estimate, permits, and other pertinent information.
E. The constructability review will be held off-site.
F. Day 1 shall start with a site visit, for the reviewers to acquaint themselves with the site
conditions. After the site visit, the CONSULTANT shall make a short presentation, followed by a question-and-answer period. This is anticipated to take 1 day. Day 2, and the first half of day three shall be individual workdays for the Constructability Review Team. The CONSULTANT will not attend, although one designated individual from the CONSULTANT’s Design Team shall
remain to answers questions and gather additional information that the constructability review team might need.
G. On the afternoon of Day 3, the CONSULTANT shall return and listen to comments from the Constructability Review Team. The CONSULTANT shall record the comments, and take notes from the workshop, to document the process.
H. Topics the Constructability Review Team must consider shall include:
1. Project consistency, discrepancies, and constructability issues
2. Contradictions, bid package strategies, and biddability issues
3. Utility company requirements
4. Construction methods and mitigating impacts
5. Viability of equipment relocation
July 2022 6-20 – Design SOW Page 32 of 39
6. Operational requirements
7. Interim Control Plan
8. Access for maintenance
9. Access to make proper connections
10. User-friendliness and safety
11. Coordination with other projects
12. Public nuisance issues
13. Risk sharing
14. Construction sequencing and schedule, materials storage, and work zone accessibility
15. Clarity of the scope of work, and interface activities
16. Impacts on existing operation
17. Access
18. Cost control
19. Partnering with contractor
20. Other local conditions and constraints
I. The Constructability Review Team shall provide a list of comments and the CONSULTANT shall respond to each comment, selecting those comments to be included in the final plans and specifications.
J. To facilitate the Constructability Review Workshop, CONSULTANT shall complete the following tasks:
1. Prepare package for constructability review participants. The package shall consist of detailed plans and specifications and other information selected by CONSULTANT. The package shall be mailed to participants at least one week prior to the workshop.
2. Arrange for off-site location for Constructability Review Workshop.
3. Prepare presentation on the project for the Constructability Review Team.
4. Meet with Constructability Review Team to receive comments.
5. Provide listing of constructability review comments and action taken on each comment. (The summary report of constructability review comments will be prepared by the Constructability Review Team.)
K. All comments and recommendations of the workshop shall be incorporated into the Bid
Documents.
3.3.4 DESIGN PHASE MEETINGS
A. Technical Progress Meetings
1. Technical Progress Meetings shall be held every four weeks for two hours to review various issues with OC SAN’s project team. The CONSULTANT shall coordinate with the OC SAN Project Manager to determine what topics will be covered in what meetings, and
what OC SAN and CONSULTANT team members are required for each.
B. Focused Meetings
1. Focused meetings shall be remote and held throughout final design to discuss specific issues in detail and generate comments and direction from O CSAN staff. The following
tentative list of topics may be covered in these meetings:
July 2022 6-20 – Design SOW Page 33 of 39
a. Site meetings (traffic, site walk, public outreach, cleaning, etc.) Assume two two-hour in person meetings
b. Hydraulic Modeling
c. Site utility coordination, utilities, and potholing
d. Traffic Control, City Requirements and Permits
e. OC SAN Safety Standards, confined space and other safety requirements and
Construction Sequencing.
f. Temporary Bypassing (several meetings as necessary)
g. One Additional meeting as necessary
2. Each meeting shall generally be virtual and average two to four hours in length. CONSULTANT shall determine how many meetings will be needed to cover these topics. CONSULTANT may suggest additional topics as necessary. Supplementary meetings may
be scheduled with OC SAN staff, as necessary to allow coordination between the CONSULTANT and OC SAN staff.
3.3.5 CONSULTANT OFFICE TECHNICAL MEETINGS (COTMS)
A. OC SAN has found it mutually beneficial to visit the CONSULTANT offices from time to time to observe the detailed design in process, answer detailed technical questions, and establish lines of communications with CONSULTANT staff. During the Design Phase, CONSULTANT
shall arrange for OC SAN staff to meet in CONSULTANT’s work center and audit “over the shoulder” design reviews with CONSULTANT’s staff. The reviews will be monitored by a member of CONSULTANT’s Management Team. Signification decisions will be reported to Consultants Project Manager and OC SAN’s Project Manager and logged into the Decision Log. Action items will be identified.
B. The CONSULTANT shall schedule, at a minimum, the following CONSULTANT Office
Technical Meetings (COTMs):
1. Three two-hour meetings (one meeting between each design submittal)
C. The CONSULTANT shall schedule each of the above COTMs and shall coordinate with OC SAN’s Project Manager to be sure the correct personnel participate in the meetings. The CONSULTANT may propose additional, eliminate, or combine COTMs as needed to support the detailed design.
D. OC SAN may also request additional “over the shoulder” design review meetings to audit the design in other areas not listed above.
3.3.6 COORDINATION WITH OTHER PROJECTS MEETINGS
A. The project shall be a complete and fully functional facility that is integrated with existing
facilities and coordinated with other construction projects. CONSULTANT shall coordinate potential conflicts with the following adjacent projects and participate in the number of meetings
indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION COORDINATION MEETINGS
PS20-02 Collection System Flow Level Monitoring Study Installation of level monitors within manhole 1 – 2 hour meeting
City of Costa Mesa Paving Project Intersection of Fairview Road and Wilson Street 1 - 2 hour meeting
3.3.7 SAFETY AND RISK MEETING
July 2022 6-20 – Design SOW Page 34 of 39
A. Meet with OC SAN Safety and Risk Management personnel between DS2 and DS3 to review the plans and specifications in accordance with OC SAN safety policies and OC SAN
Risk Management goals.
3.3.8 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A. Meet with OC SAN between DS3 and FDS to review the CONSULTANT’s approach to developing the project Construction Submittal Items List and the CONSULTANT-provided
specifications and discuss the grouping of submittals in commissioning packages and phases.
3.3.9 STORMWATER COMPLIANCE MEETING
A. A formal meeting shall be held with OC SAN’s stormwater compliance staff to review the project scope and identify all issues during and after construction affecting compliance with stormwater regulatory requirements and OC SAN’s policies and practices.
BID PHASE SUPPORT SERVICES
3.4.1 BID PHASE SUPPORT SERVICES
A. CONSULTANT shall provide the following bid period services:
1. Participate in the pre-bid meeting.
2. Prepare project drawing set and project specification addenda to provide clarification and resolve errors and omissions identified prior to bid opening.
3.4.2 BID EVALUATION ASSISTANCE
A. Participate in reviewing alternate equipment proposals from the Contractor, if applicable.
B. Participate in the evaluation of the submitted bids, furnish consultation and advice to OC SAN staff and assist with all the related equipment, cost, and other analyses as required to
finalize the award decision.
3.4.3 CONFORMED DOCUMENT PREPARATION
A. Within four weeks of the bid date, prepare conformed documents set (drawings, databases, specifications, and other required materials) that incorporates the addenda. See Engineering
Design Guidelines, Chapter 01, Design Guidelines – General Requirements, Section 01.4 “Preparation of Project Deliverables” for requirements as modified in Section V of this Scope of
Work, “Project-Specific Deviations from OC SAN Design Guidelines” and the requirements of the CAD Manual).
4. PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
Not in this Scope of Work.
5. PHASE 5 – COMMISSIONING SERVICES
Not in this Scope of Work.
6. PHASE 6 – CLOSE OUT
Not in this Scope of Work.
7. GENERAL REQUIREMENTS
GENERAL
7.0.1 OC SAN ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A. CONSULTANT shall refer to and adhere to the requirements of OC SAN Safety Standards,
OC SAN Engineering Design Guidelines, any deviations to the Engineering Design Guidelines
3.4
7.0
July 2022 6-20 – Design SOWPage 35 of 39
listed below, and other OC SAN’s Design Standards referenced therein. Exhibit 16 – Spec Review using Microsoft Word and Teams.
B.Exhibit 16 - Spec Review using Microsoft Word and Teams
C.Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available onlineat https://www.OC SAN.com/about-us/transparency/document-central/-folder-917 is a completeset of the OC SAN Safety Standards and OC SAN Design Standards, the latest edition at the
time of the design proposal stage.
D.The Engineering Guidelines define what plant design concepts/tools/methods and projectmanagement requirements shall be adhered to and in what manner they shall be used/providedby consultants, e.g., requirements regarding design concepts, submittals, documentation details,use of OC SAN Master Specifications, and other related OC SAN Standards, etc.
E.Refer also to Section “CONSULTANT’s Responsibilities” in OC SAN Engineering Design
Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that mandates rulesand conventions to be used in all OC SAN project specifications.
F.The project Scope of Work defines whether each specific deliverable described in theGuidelines shall be part of the project and when each task shall take place.
G.The project Scope of Work also includes requirements that supplement and/or modify theGuidelines requirements for this project.
H.The project Scope of Work and OC SAN Engineering Design Guidelines impactCONSULTANT’s project cost.
I.Except as specified in this Scope of Work, design of all facilities shall conform to therecommendations of the currently approved Master Plan for OC SAN facilities. The project shall
also incorporate all applicable mitigation measures included in associated environmentaldocuments and site-specific local requirements.
J.In addition, OC SAN will require the CONSULTANT to follow subsequent revisions of OCSAN Safety Standards, OC SAN Engineering Design Guidelines and other OC SAN DesignStandards up to transmittal by OC SAN of comments on Design Submittal 2 shall beincorporated into the Design by CONSULTANT with no increase in CONSULTANT’s Not-to-
Exceed upper limit on fees.
K.OC SAN may update OC SAN’s Master Specifications and/or add new OC SAN Master
Specifications up to transmittal by OC SAN of comments on Design Submittal 2. TheCONSULTANT shall utilize the new and/or modified Master Specifications for the DS3 submittal.
L. The CONSULTANT shall not begin editing the project specifications until the project teammeets with OC SAN’s Design Standards Custodian to discuss and receive comments regardingthe CONSULTANT’s proposed list of project specifications. This meeting will be used todetermine which specifications are to use OC SAN’s master specifications, and where other
sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A.Project tasks and deliverables shall include the requirements described in this Scope ofWork. CONSULTANT shall also refer to Appendix A of OC SAN Engineering Design Guidelinesfor the level of detail requirements for individual deliverables in each Phase of the project notcovered in the Scope of Work.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A.CONSULTANT shall develop with OC SAN staff and include in the Bid Documents detailedrequirements for construction sequencing and constraints. These shall ensure safe and reliableoperation and maintenance of OC SAN facilities. The facilities must be kept on-line and fullyoperational with minimal interruptions throughout construction.
--
July 2022 6-20 – Design SOW Page 36 of 39
7.0.4 WORKING HOURS
A. Meetings with OC SAN staff shall be scheduled from Monday through Thursday between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site shall conform to OC SAN work schedules. CONSULTANT shall refer to the Engineering Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment Facilities” for further requirements.
7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS
A. All the details used in the project (OC SAN’s Standard Drawings and CONSULTANT-developed typical details) shall be shown on the Plans.
7.0.6 SOFTWARE
A. The CONSULTANT is expected to develop and provide the deliverables using the standard software currently approved for use by OC SAN. The standard OC SAN software includes, but is not limited to, the following:
1. Windows Professional
2. Esri software (fGDB, pGDB or shapefile formats)
3. Microsoft Internet Explorer
4. Autodesk software (AutoCAD, AutoCAD Map3D or compatible dwg file format)
5. Microsoft Office, including MS Teams
6. Maximo
7. Bluebeam Revu Extreme
8. Primavera P6 for scheduling
9. Innovyze ICM Hydraulic Model
10. Database software as defined elsewhere in the project Scope of Work
B. Any software that the CONSULTANT needs to comply with these standards shall be purchased and maintained by the CONSULTANT at no additional cost to OC SAN. In the event
OC SAN provides the CONSULTANT with access to OC SAN software and hardware at an OC SAN facility in order to facilitate performance of their work, all software shall remain the property of OC SAN. Only software licensed to OC SAN shall be installed on OC SAN equipment. In addition, only OC SAN IT Department staff will perform the installation of this software.
7.0.7 SUBMITTAL REVIEW USING BLUEBEAM
A. OC SAN has standardized on the use of Bluebeam Revu for reviewing and providing
comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed explanation on how Bluebeam will be used to provide, validate, and close submittal review comments.
B. Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 - Bluebeam Designer Training for Submission and “OC SAN CAD Standards Manual” prior to submission.
C. A one-hour training session on the use of Bluebeam and custom status menu will be
provided by OC SAN. All Consultant team members responsible for quality control and reconciliation of submittal comments shall attend.
7.0.8 WORD TRACK CHANGES
A. Specifications documents and other MS-Word based deliverables will be hosted in OC SAN
Teams environment for review. The guidelines for reviewing and commenting on MS-Word files, including Specifications reviews, can be found in Exhibit 16 - Spec Review using Microsoft Word and Teams.
7.0.9 GIS SUBMITTALS
July 2022 6-20 – Design SOW Page 37 of 39
A. Consultant shall provide the following GIS deliverables propagated from approved design submittals after the design submittal is accepted. These GIS submittals will not be reviewed or presented by Consultant. The purpose is to provide project specific GIS layers that could be used to visualize interproject dependencies and conflicts.
1. Electronic Submittal
a. Kmz files for use with Google Earth
2. Final PDR
a. Single project boundary (Polygon)
(1) Boundary to encompass all new facilities and existing to be modified including:
• Buildings\Structures
• Tunnels
• Utilities
• Pavement
• Street boundary (ROW to ROW) of possible alignment
b. Structures (Polygon)
• New structure outline
• Additions to existing structures
• Structure label
(2) All pits should be labeled
3. DS2, DS3, and FDS
a. Project boundary - updated from previous DS
b. Structures - updated from previous DS
c. Utilities - updated from previous DS
d. Manholes - updated from previous DS
e. Excavation of pits - updated from previous DS
f. Critical (as defined by Dig Alert) utility crossings (Point)
(1) Crossing of Dig Alert critical utilities
(2) Critical utility label
• Natural gas
• Fuel pipeline
• 12 kV Electrical
g. Asphalt (Polygon)
(1) Asphalt to be replaced
8. PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN
GUIDELINES (NOT USED)
9. STAFF ASSISTANCE
OC SAN staff member or designee assigned to work with CONSULTANT on the design of this project is Victoria Pilko at (714) 454-4192 e-mail to: vpilko@ocsan.gov
July 2022 6-20 – Design SOW Page 38 of 39
10. EXHIBITS
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 2 - Design Requirements
Exhibit 3 - Project Management Requirements
Exhibit 4 - Risk Management Requirements
Exhibit 5 - Workshop and Meeting Requirements
Exhibit 6 - Quality Control Requirements
Exhibit 7 - Design Submittal Requirements Matrix
Exhibit 8 - Project Schedule Calculation
Exhibit 9 - Deliverables Quantities
Exhibit 10 - Sample Construction Cost Estimate Format
Exhibit 11 - Sample Full Project Safety Review Plan
Exhibit 12 - Sample Risk Management Check List
Exhibit 13 – NOT USED
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - Spec Review using Microsoft Word and Teams
Exhibit 17 - OC SAN Engineering Design Guidelines and Standards – Available online at https://www.OC SAN.com/about-us/transparency/document-central/-folder-917
Exhibit 18 – 6-20 Fairview Trunk Rehabilitation Project Elements Map
Exhibit 19 - Project Reference Material
19 A – Project 6-G Record Drawings 19 B – Project 6-5 Record Drawings 19 C – Project 6-12 Record Drawings 19 D – Project 14-1-1A Record Drawings 19 E – Project 14-1-1B Record Drawings 19 F - Collections Capacity Evaluation Study Final Report 19 G – Fairview Trunk Manhole Sampling and Assessment Report 19 H - Diversion 94, 104, and 105 Record Drawings 19 I - 2020 Pipeline CCTV Reports 19 J - 2020 Manhole CCTV Reports
Exhibit 20 – NOT USED
Exhibit 21 - NOT USED
Exhibit 22 - NOT USED
Exhibit 23 - NOT USED
Exhibit 24 - NOT USED
Exhibit 25 - NOT USED
Exhibit 26 - NOT USED
Exhibit 27 - NOT USED
July 2022 6-20 – Design SOWPage 39 of 39
Exhibit 28 - NOT USED
VP:WS:dm
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2259 Agenda Date:7/6/2022 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
SUPPORT BUILDINGS SEISMIC IMPROVEMENTS AT PLANT NO. 1, PROJECT NO. P1-137
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Simpson Gumpertz & Heger Inc. to
provide engineering services for Support Buildings Seismic Improvements at Plant No. 1,
Project No. P1-137, for an amount not to exceed $1,900,000; and
B. Approve a contingency of $190,000 (10%).
BACKGROUND
As part of the General Manager’s Workplan in FY 2017/2018, a commitment was made to enhance
the reliability of Orange County Sanitation District (OC San) infrastructure. To address seismic
resilience of our treatment facilities, the Seismic Evaluation of Structures at Plant Nos. 1 and 2,
Project No. PS15-06 was conducted. This study evaluated the performance of our process facilities
and support structures during a significant seismic event. Project No. PS15-06 initiated a facility-
wide seismic upgrade program to address the Climate and Catastrophic Event Resilience Policy in
OC San’s 2021 Strategic Plan, providing a means to prioritize various seismic mitigation projects that
will be implemented over the next 20 years as part of the overall CIP Program.
The findings of this study identified multiple staff-occupied buildings at Plant No. 1 with deficiencies
that would limit the safety or immediate occupancy performance of the structures. Based on an
evaluation of likelihood and consequence of failure, these occupied structures were given a high
priority for remediation as part of OC San’s ongoing seismic resilience program. The buildings that
are being considered for rehabilitation under this project include: the Auto Shop; Control Center;
Buildings A, B, 3, 5, and 6; and the Warehouse.
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents (Seismic Evaluation of
Structures at Plant No. 1 and No. 2)
·Protect OC San assets
·Comply with California Government Code §4526: Select the “best qualified firm” and
Orange County Sanitation District Printed on 6/28/2022Page 1 of 4
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2259 Agenda Date:7/6/2022 Agenda Item No:4.
“negotiate fair and equitable fees”
·Commitment to safety & reducing risk in all operations
PROBLEM
The seismic evaluation study identified structural deficiencies of staff-occupied structures at Plant No.
1 that could put these buildings,and possibly staff,at risk.The following table lists the occupied
buildings where retrofits are needed,along with the facility’s functional requirements.While these
facilities are not in immediate danger of failure,the buildings being rehabilitated as part of this project
are occupied by OC San’s operations and maintenance staff and are critical to the operation and
maintenance of Plant No. 1.
BUILDING NAME BUILDING DESCRIPTION AND STAFF RESOURCES
Auto Shop Vehicle maintenance. Houses approximately 9 staff.
Control Center Central hub of operations at Plant No. 1. Houses approximately 40
staff.
Building A Space for smaller maintenance activities. Houses approximately 4
staff.
Buildings B and 3 Rebuild shop. Houses approximately 8 staff.
Buildings 5 and 6 Main hub for the maintenance department (offices and shop space).
Building 5 houses approximately 18 staff. Building 6 houses
approximately 31 staff.
Warehouse Storage of parts, materials, and equipment. Houses approximately 7
staff.
PROPOSED SOLUTION
Approve a Professional Design Services Agreement for the Support Buildings Seismic Improvements
at Plant No.1,Project No.P1-137.This project will provide the necessary improvements to achieve
immediate occupancy or safety performance of the structures after a significant seismic event.Since
these buildings are occupied facilities,this project will evaluate the need for temporary relocation of
staff to maintain continuity of plant operation during construction.
TIMING CONCERNS
This project is part of OC San’s overall seismic resilience strategy.These facilities were ranked as
having the highest risk. Executing this project now will:
·Enhance the seismic resilience of these facilities throughout the life of the structures
·Provide protection of operations and maintenance staff
·Maintain the ability to sustain operation and maintenance activities in the wake of a significant
seismic event
RAMIFICATIONS OF NOT TAKING ACTION
Resolution of seismic risk to staff would not be addressed.
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File #:2022-2259 Agenda Date:7/6/2022 Agenda Item No:4.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
OC San advertised for proposals for Support Buildings Seismic Improvements at Plant No. 1, Project
No. P1-137 on February 1, 2022. 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 30%
Project Team and Staff Qualifications 30%
Three proposals were received on March 22, 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, three Engineering Supervisors, and one Senior Engineer. The Evaluation Team also
included one non-voting representative from the Contracts Administration Division and two non-voting
technical advisors. The Evaluation Team scored the proposal on the established criteria as
summarized in the table below:
Firm Approach (Max
40)
Related
Experience
(Max 30)
Team (Max
30)
Total Score
(Max 100)
1 Simpson Gumpertz & Heger Inc.34 26 25 85
2 IDS Group, Inc.26 20 14 60
3 KPFF Consulting Engineers 15 13 13 41
Based on this scoring, one Consultant was shortlisted for interview on April 12, 2022, primarily to
confirm their understanding, approach, team experience, and to meet their team. Following the
interview, each member of the Evaluation Team scored the Consultant based on both the proposals
and interviews using the evaluation criteria and weighting described above. Based on the scoring
shown below, Simpson Gumpertz & Heger Inc. was selected as the most qualified Consultant.
Firm Approach (Max
40)
Related
Experience
(Max 30)
Team (Max
30)
Total Score
(Max 100)
1 Simpson Gumpertz & Heger Inc.36 26 26 88
Simpson Gumpertz & Heger Inc. demonstrated full understanding of the work and requirements for
this project. Their knowledge of structural engineering allowed them to propose solutions that may
reduce the need for relocation of personnel. In addition, the company and the team for this project
has experience implementing their proposed design solutions in several of their previous projects.
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File #:2022-2259 Agenda Date:7/6/2022 Agenda Item No:4.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals.In accordance with 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 Simpson Gumpertz &Heger Inc.to clarify the requirements of the
Scope of Work,the assumptions used for the estimated level of effort,and the proposed approach to
meet the goals and objectives for the project.Only one negotiation meeting (held on April 20,2022)
was needed with minor changes to the fee and hours.
Original Fee
Proposal
Negotiated Fee
Total Hours 10,684 11,477
Total Fee $1,916,621 $1,900,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 8.54%,which is based on an established formula based on OC
San’s standard design agreements.Staff is requesting a 10%contingency to address revisions as
the project progresses through preliminary and final design.
Based on the above,staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to Simpson, Gumpertz & Heger Inc.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.A Notice of Exemption will be filed with the OC Clerk-Recorder
after the OC San's Board of Directors approval of the Professional Design Services Agreement.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This item has
been budgeted (FY 2022-23 and 2023-24,Section 8,Page 61,Support Buildings Seismic
Improvements at Plant No.1,Project No.P1-137)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:
·Professional Design Services Agreement
CQ: jw
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PROFESSIONAL DESIGN SERVICES AGREEMENT
This PROFESSIONAL DESIGN SERVICES AGREEMENT, (hereinafter referred to as “Agreement”), is made and entered into to be effective the «date» day of «Month», «year» by and between the ORANGE COUNTY SANITATION DISTRICT, (hereinafter referred to as "OC
SAN"), and «CONSULTANT COMPANY», (hereinafter referred to as "CONSULTANT").
WITNESSETH:
WHEREAS, OC SAN desires to engage CONSULTANT for Support Buildings Seismic Improvements at Plant No. 1, Project No. P1-137; and to provide professional design services to address the following: 1) structural deficiencies for staff-occupied buildings within Plant No. 1; 2)structural improvements aimed at reducing risk of failure during a significant seismic event;and 3) hazardous material assessment for the buildings, and provisions (includingaccommodations) to temporarily relocate staff during the seismic retrofit construction,(Services); and
WHEREAS,CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and
WHEREAS,OC SAN has adopted procedures for the selection of professional design
services and has proceeded in accordance with said procedures to select CONSULTANT to perform the Services; and
WHEREAS, at its regular meeting on «Board Meeting Date»the Board of Directors, byMinute Order, accepted the recommendation of the Operations Committee pursuant to OC SAN’s Ordinance No. OC SAN-56 to approve this Agreement.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which willresult to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1.SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services toaccomplish those project elements outlined in the Scope of Work attached hereto as
Attachment “A", and by this reference made a part of this Agreement.
A.The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,and other services furnished by the CONSULTANT under this Agreement,including the work performed by its subconsultants (Subconsultants). Where
approval by OC SAN is indicated, it is understood to be conceptual approval onlyand does not relieve the CONSULTANT of responsibility for complying with alllaws, codes, industry standards, and liability for damages caused by errors,omissions, noncompliance with industry standards, and/or negligence on the partof the CONSULTANT or its Subconsultants.
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B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best
engineering practice consistent with the professional skill and care ordinarily provided by engineers practicing in the same or similar locality under the same or similar circumstances, for clarity, uniformity, and completeness. CONSULTANT
shall respond to all of OC SAN’s questions, comments, suggestions, corrections, and recommendations (i.e., DS1, DS2, DS3, and FDS). All comments shall be incorporated into the design prior to the next submittal deadline or addressed, in writing, as to why the comment has not been incorporated. CONSULTANT shall ensure that each submittal is 100% accurate for the level of work submitted (i.e., correct references, terms, capitalization, or equal status, spelling, punctuation, etc.) C. In the event that work is not performed to the satisfaction of OC SAN and does not conform to the requirements of this Agreement or any applicable industry standards, the CONSULTANT shall, without additional compensation, promptly
correct or revise any errors or deficiencies in its designs, drawings, specifications, or other services within the timeframe specified by the Project Engineer/Project Manager. OC SAN may charge to CONSULTANT all costs,
expenses and damages associated with any such corrections or revisions. D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using OC SAN CAD Manual. Conversion of CAD work from any other non-standard CAD format to OC SAN format shall not be acceptable in lieu of this requirement. Electronic files shall conform to OC SAN specifications. Any changes to these specifications by the CONSULTANT are subject to review and approval of OC SAN. Electronic files shall be subject to an acceptance period of 30 calendar days during which OC SAN shall perform appropriate reviews and including CAD Manual compliance. CONSULTANT shall correct any discrepancies or errors
detected and reported within the acceptance period at no additional cost to OC SAN.
E. The CONSULTANT shall ensure that all plans and specifications prepared, or recommended under this Agreement allow for competitive bidding. The CONSULTANT shall design such plans or specifications so that procurement of
services, labor or materials are not available from only one source, and shall not design plans and specifications around a single or specific product, piece of major equipment or machinery, a specific patented design or a proprietary
process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by OC SAN. The CONSULTANT shall submit this written justification to OC SAN prior to beginning work on such plans and specifications. Whenever the CONSULTANT recommends a specific product or equipment for competitive procurement, such recommendation shall include at least two brand names of products that are
capable of meeting the functional requirements applicable to the project.
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F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates
compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of OC SAN, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written
consent of OC SAN. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by OC SAN, (b) subsequently becomes publicly known to the CONSULTANT other than through disclosure by OC SAN. 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 «Grand Total Written Amount» Dollars ($«Grand Total Amount»). 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.
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As a portion of the total compensation to be paid to CONSULTANT and Subconsultants, OC SAN shall pay profit for all services rendered by
CONSULTANT and Subconsultants for this project according to Attachment “E” - Fee Proposal.
E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000, CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate schedule, if applicable 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
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found on the U.S. General Service Administration website at http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. OC SAN shall apply the most economic and practical method of reimbursement which may include reimbursements based upon receipts and/or “per diem” as deemed the most practical. CONSULTANT shall be responsible for returning to OC SAN any excess reimbursements after the reimbursement has been paid by OC SAN. Travel and travel arrangements – Any travel involving airfare, overnight stays or multiple day attendance must be approved by OC SAN in advance. Local Travel is considered travel by the CONSULTANT within OC SAN general geographical area which includes Orange, Los Angeles, Ventura, San Bernardino, Riverside, San Diego, Imperial, and Kern Counties. Automobile mileage is reimbursable if CONSULTANT is required to utilize personal vehicle
for local travel. 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.
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3. REALLOCATION OF TOTAL COMPENSATION
OC SAN, by its Director of Engineering, shall have the right to approve a reallocation of the incremental amounts constituting the total compensation, provided that the total compensation is not increased.
4. PAYMENT A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed breakdown of costs associated with the performance of any corrections or revisions of the work for that invoicing period. CONSULTANT shall allocate costs in the same manner as it would for payment requests as described in this Section of the Agreement. CONSULTANT shall warrant and certify the accuracy of these costs and understand that submitted costs are subject to Section 11 - AUDIT PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment for those items included in Section 2 - COMPENSATION hereof in the format as required by OC SAN. Such requests shall be based upon the amount and value
of the work and services performed by CONSULTANT under this Agreement and shall be prepared by CONSULTANT and accompanied by such supporting data, including a detailed breakdown of all costs incurred and work performed during
the period covered by the statement, as may be required by OC SAN. Upon approval of such payment request by OC SAN, payment shall be made to CONSULTANT as soon as practicable of one hundred percent (100%) of the invoiced amount on a per task basis. If OC SAN determines that the work under this Agreement, or any specified task 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 task.
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 task 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 task 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, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior settlement upon termination of this Agreement, and as a condition precedent thereto, CONSULTANT shall execute and deliver to OC SAN a release of all claims against OC SAN arising under or by virtue of this Agreement other than such claims, if any, as may be specifically exempted by CONSULTANT from the operation of the release in stated amounts to be set forth therein. F. Pursuant to the California False Claims Act (Government Code Sections 12650-12655), any CONSULTANT that knowingly submits a false claim to OC SAN for compensation under the terms of this Agreement may be held liable for treble
damages and up to a ten thousand dollars ($10,000) civil penalty for each false claim submitted. This Section shall also be binding on all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes to be presented to an officer or employee of OC SAN a false claim or request for
payment or approval; b) knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by OC SAN; c) conspires to defraud OC SAN by getting a false claim allowed or paid by OC SAN; d) knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to OC SAN; or e) is a beneficiary of an inadvertent submission of a false claim to OC SAN, and fails to disclose the false claim to OC SAN within a reasonable time after discovery of the false claim. 5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION AND RECORD OF WAGES
A. To the extent CONSULTANT’s employees and/or Subconsultants who will perform work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
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C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to OC SAN and/or general
public upon request, provided the public request is made through OC SAN, the Division of Apprenticeship Standards or the Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of Regulation Section 16461(e). 6. DOCUMENT OWNERSHIP – SUBSEQUENT CHANGES TO PLANS AND SPECIFICATIONS A. Ownership of Documents for the Services performed.
All documents, including but not limited to, original plans, studies, sketches, drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Services, shall be the property of OC SAN. OC SAN’s ownership of these documents includes use of, reproduction or reuse of and all incidental rights, whether or not the work for
which they were prepared has been performed. OC SAN ownership entitlement arises upon payment or any partial payment for work performed and includes ownership of any and all work product completed prior to that payment. This Section shall apply whether the CONSULTANT’s Services are terminated: a) by the completion of the Agreement, or b) in accordance with other provisions of this Agreement. Notwithstanding any other provision of this paragraph or Agreement, the CONSULTANT shall have the right to make copies of all such plans, studies, sketches, drawings, computer printouts and disk files, and specifications. B. CONSULTANT shall not be responsible for damage caused by subsequent changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the service rendered by CONSULTANT was not a proximate cause of the damage. 7. INSURANCE A. General
i. Insurance shall be issued and underwritten by insurance companies acceptable to OC SAN. ii. Insurers must have an “A-” Policyholder’s Rating, or better, and Financial Rating of at least Class VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, OC SAN will accept State Compensation Insurance Fund, for the required policy of Workers’ Compensation Insurance subject to OC SAN’s option to require a change in insurer in the event the State Fund financial rating is decreased below “B”. Further, OC SAN will require CONSULTANT to substitute any insurer whose
rating drops below the levels herein specified. Said substitution shall occur within twenty (20) days of written notice to CONSULTANT, by OC SAN or its agent.
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iii. Coverage shall be in effect prior to the commencement of any work under this Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the period of warranty, commercial general liability insurance written on an occurrence basis providing the following minimum limits of liability coverage: Two Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000) aggregate. If aggregate limits apply separately to this contract (as evidenced by submission of ISO form CG 25 03 or 25 04), then the aggregate limit may be equivalent to the per occurrence limit. Said insurance shall include coverage for the following hazards: premises-operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability, independent contractors liability, personal and advertising injury, mobile
equipment, 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 against OC SAN, its or their officers, agents, or employees, and any other consultant, contractor, or subcontractor performing work or rendering services on behalf of OC SAN in connection with the planning, development, and construction of the project. In all its insurance coverages related to the work, CONSULTANT shall include clauses providing that each insurer shall waive all of its rights of recovery by subrogation against OC SAN, its or their officers, agents, or employees, or any other consultant, contractor, or subcontractor performing work or rendering services at the project. Where permitted by law, CONSULTANT shall require similar written express waivers and insurance clauses from each of its Subconsultants of every tier. A waiver of subrogation shall be effective as to any individual or entity, even if such individual or entity (a)
would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an insurable interest in the property damaged.
C. Umbrella Excess Liability
The minimum limits of general liability and automobile liability insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automobile liability. D. Automobile/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of automobile liability insurance on a comprehensive form covering all owned, non-owned, and hired automobiles,
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trucks, and other vehicles providing the following minimum limit of liability coverage: combined single limit of Five Hundred Thousand Dollars ($500,000). A
statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement.
E. Drone Liability Insurance If a drone will be used, drone liability insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in form acceptable to OC SAN. F. Workers’ Compensation Insurance The CONSULTANT shall provide such workers’ compensation insurance as required by the Labor Code of the State of California in the amount of the statutory limit, including employer’s liability insurance with a minimum limit of One
Million Dollars ($1,000,000) per occurrence. Such workers’ compensation insurance shall be endorsed to provide for a waiver of subrogation in favor of OC SAN. A statement on an insurance certificate will not be accepted in lieu of the
actual endorsements unless the insurance carrier is State of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to Jones Act liability
may exist, the insurance required herein shall include coverage for Jones Act claims. G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Five Million Dollars ($5,000,000) with limits in accordance with the provisions of this paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement.
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CONSULTANT shall provide to OC SAN a certificate of insurance in a form acceptable to OC SAN indicating the deductible or self-retention amounts and
the expiration date of said policy, and shall provide renewal certificates not less than ten (10) days prior to the expiration of each policy term. H. Proof of Coverage The CONSULTANT shall furnish OC SAN with original certificates and amendatory endorsements effecting coverage. Said policies and endorsements shall conform to the requirements herein stated. All certificates and
endorsements are to be received and approved by OC SAN before work commences. The following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 or other equivalent certificate of insurance form
• Additional Insurance (General Liability)
The combination of (ISO Forms)
CG 20 10 and CG 20 37
All other additional insured endorsements must be submitted for approval by OC SAN, and OC SAN may reject alternatives that provide different or less coverage to OC SAN.
• Additional Insured (Automobile Liability)
Submit endorsement provided by carrier for OC SAN approval.
• Waiver of Subrogation Submit workers’ compensation waiver of
subrogation endorsement provided by carrier for OC SAN approval.
• Cancellation Notice No endorsement is required. However, CONSULTANT is responsible for notifying
OC SAN of any pending or actual insurance policy cancellation, as described in Article I. Cancellation and Policy Change Notice, below. I. Cancellation and Policy Change Notice The CONSULTANT is required to notify OC SAN in writing of any insurance
cancellation notice it receives or other knowledge of pending or actual insurance
policy cancellation within two (2) working days of receipt of such notice or
acquisition of such knowledge. Additionally, the CONSULTANT is required to
notify OC SAN in writing of any reduction in coverage limits within ten (10)
business days of receipt of such notice or knowledge of same.
Said notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708
Attention: Contracts, Purchasing & Materials Management Division
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J. Primary Insurance The general and automobile liability policies shall contain a Primary and “Non Contributory” clause. Any other insurance maintained by OC SAN shall be excess and not contributing with the insurance provided by CONSULTANT. K. Separation of Insured The general and automobile liability policies shall contain a “Separation of Insureds” clause.
L. Non-Limiting (if applicable) Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to
which CONSULTANT may be held responsible for payment of damages to persons or property.
M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to OC SAN on the certificate of insurance. All deductibles and/or self-insured retentions require approval by OC SAN. At the option of OC SAN, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects OC SAN; or the CONSULTANT shall provide a financial guarantee satisfactory to OC SAN guaranteeing payment of losses and related investigations, claim administration
and defense expenses. N. Defense Costs
The general liability policy shall have a provision that defense costs for all
insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in amounts and types reasonably sufficient to deal with the risk of loss involving the
Subconsultant’s operations and work. P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then OC SAN requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
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8. SCOPE CHANGES
In the event of a change in the Scope of Work or other terms in the Agreement, 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. 9. PROJECT TEAM AND SUBCONSULTANTS CONSULTANT shall provide to OC SAN, prior to execution of this Agreement, the names and full description of all Subconsultants and CONSULTANT’s project team members anticipated to be used on this project by CONSULTANT. CONSULTANT shall include a description of the scope of work to be done by each Subconsultant and each
CONSULTANT’s project team member. CONSULTANT shall include the respective compensation amounts for CONSULTANT and each Subconsultant on a per task basis, broken down as indicated in Section 2 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT’s project team members without prior written approval by OC SAN. 10. ENGINEERING REGISTRATION The CONSULTANT’s personnel are comprised of registered engineers and a staff of specialists and draftsmen in each department. The firm itself is not a registered engineer but represents and agrees that wherever in the performance of this Agreement requires the services of a registered engineer, such services hereunder will be performed under the direct supervision of registered engineers. 11. AUDIT PROVISIONS A. OC SAN retains the reasonable right to access, review, examine, and audit, any
and all books, records, documents, and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify that the CONSULTANT is in compliance with all requirements under this Agreement.
The CONSULTANT shall include OC SAN’s right as described above, in any and all of their subcontracts, and shall ensure that these rights are binding upon all Subconsultants.
B. OC SAN retains the right to examine CONSULTANT’s books, records, documents and any other evidence of procedures and practices that OC SAN determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement and for a period of three (3) years after its termination.
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C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and OC SAN’s policy. The
CONSULTANT shall make available to OC SAN for review and audit, all project related accounting records and documents, and any other financial data within 15 days after receipt of notice from OC SAN. Upon OC SAN’s request, the
CONSULTANT shall submit exact duplicates of originals of all requested records to OC SAN. If an audit is performed, CONSULTANT shall ensure that a qualified employee of the CONSULTANT will be available to assist OC SAN’s auditor in obtaining all project related accounting records and documents, and any other financial data. 12. LEGAL RELATIONSHIP BETWEEN PARTIES The legal relationship between the parties hereto is that of an independent contractor and nothing herein shall be deemed to make CONSULTANT an employee of OC SAN.
13. NOTICES All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in person or by depositing said notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid.
Notices shall be mailed to OC SAN at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue Fountain Valley, CA 92708-7018 Attention: Ludwig R. Lapus, Senior Contracts Administrator Copy: Carmen Quan, Project Manager Notices shall be mailed to CONSULTANT at:
SIMPSON GUMPERTZ & HEGER 4695 MacArthur Court, Suite 500
Newport Beach, CA 92660 Attention: James A. McDonald, Principal
All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other OC SAN’s staff must be approved in writing by OC SAN’s Project Manager prior to action from the CONSULTANT. 14. TERMINATION OC SAN may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
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CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to OC SAN and/or CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS The documents and study materials for this project shall become the property of OC SAN upon the termination or completion of the work. CONSULTANT agrees to furnish to OC SAN copies of all memoranda, correspondence, computation and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by OC SAN. 16. COMPLIANCE
A. Labor CONSULTANT certifies by the execution of this Agreement that it pays
employees not less than the minimum wage as defined by law, and that it does not discriminate in its employment with regard to race, color, religion, sex or national origin; that it is in compliance with all federal, state and local directives
and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. B. Air Pollution CONSULTANT and its subconsultants and subcontractors shall comply with all applicable federal, state and local air pollution control laws and regulations. C. Iran Contracting Act
CONSULTANT and its subconsultants and subcontractors shall comply with the Iran Contracting Act of 2010 (Public Contract Code sections 2200-2208). 17. AGREEMENT EXECUTION AUTHORIZATION Both OC SAN and CONSULTANT do covenant that each individual executing this
document by and on behalf of each party is a person duly authorized to execute agreements for that party. 18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services.
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19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, OC SAN informs CONSULTANT that any part of the services fails to meet
those standards, CONSULTANT shall, within the time prescribed by OC SAN, take all such actions as are necessary to correct or complete the noted deficiency(ies). 22. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at CONSULTANT’s sole cost and expense and with legal counsel approved by OC SAN, which approval shall not be unreasonably withheld), protect and hold harmless OC SAN and all of OC SAN’s officers, directors, employees, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable 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 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 but only to the extent caused by 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.
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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 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. The payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then OC SAN will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims. CONSULTANT’s indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations.
24. CONSULTANT PERFORMANCE
The CONSULTANT’s performance shall be evaluated by OC SAN. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by OC SAN and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH OC SAN POLICIES AND PROCEDURES CONSULTANT shall comply with all OC SAN policies and procedures including the Contractor Safety Standards, as applicable, all of which may be amended from time to time.
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26. CLOSEOUT
When OC SAN determines that all work authorized under the Agreement is fully complete and that OC SAN requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the
Agreement, OC SAN shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout. Upon receipt of CONSULTANT’s submittals, OC SAN shall commence a closeout audit of the Agreement and will either: i. Give the CONSULTANT a final Agreement Acceptance: or ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by OC SAN.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to OC SAN (regardless of whether such nondisclosures were fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance. Any failure by OC SAN to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be deemed to be acceptance of the work by OC SAN for any purpose nor imply acceptance of, or agreement with, the
CONSULTANT’s request for final Agreement Acceptance. 27. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
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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. SIMPSON GUMPERTZ & HEGER By _______________________________ _________________ Date __________________________________________________ Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT
By _______________________________ _________________ Chad P. Wanke 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 Attached Attachment “C” – Not Attached Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not Used Attachment “G” – Not Attached Attachment “H” – Not Used Attachment “I” – Cost Matrix and Summary
Attachment “J” – Not Attached Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards
Attachment “M” – Iran Contracting Act Verification
LL:DM:yp
ATTACHMENT “A”
SCOPE OF WORK
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Support Buildings Seismic Improvements at Plant No. 1
Project No. P1-137
Professional Design Services Agreement
Attachment A – Scope of Work
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TABLE OF CONTENTS
1.PROJECT REQUIREMENTS .................................................................................................................4
1.0 SUMMARY........................................................................................................................4
1.0.1 Professional Design Engineering Services..............................................................4
1.0.2 Professional Licensing requirements.......................................................................4
1.1 BACKGROUND................................................................................................................4
1.2 GENERAL PROJECT DESCRIPTION.........................................................................4
1.3 PROJECT EXECUTION PHASES.................................................................................5
1.4 DESCRIPTION OF PROJECT ELEMENTS................................................................5
1.4.1 Project Element 1 – Seismic Retrofit of Occupied Support Buildings at Plant No.
1 5
1.4.2 Project Element 2 – Temporary Facilities During Construction .............................6
1.4.3 Coordination with Other Projects............................................................................7
1.5 DESIGN CONSIDERATIONS ........................................................................................8
1.5.1 Technology and configuration choices....................................................................8
1.5.2 Design Decisions .....................................................................................................8
1.5.3 Design Selection Criteria.........................................................................................8
1.5.4 Project Element Description Revisions...................................................................8
1.6 PROJECT SCHEDULE....................................................................................................8
1.6.1 General ....................................................................................................................8
2.PHASE 2 – PRELIMINARY DESIGN ...................................................................................................10
2.0 Preliminary Design Execution........................................................................................10
2.0.1 Major Decisions.....................................................................................................10
2.1 Preliminary Design Production......................................................................................10
2.1.1 General ..................................................................................................................10
2.1.2 Design Memos.......................................................................................................10
2.1.3 Project Specific Design Memos ............................................................................11
2.1.4 Preliminary Design Drawings ...............................................................................14
2.1.5 Preliminary Design Report (PDR) Production, Contents and Organization .........15
2.1.6 Preliminary Design Cost Estimate.........................................................................15
2.2 Preliminary Design Activities .........................................................................................16
2.2.1 Permitting Assistance ............................................................................................16
2.2.2 Project Management..............................................................................................16
2.2.3 Risk Management..................................................................................................17
2.2.4 Quality Control......................................................................................................18
2.3 PDR Workshops and Meetings ......................................................................................18
2.3.1 General ..................................................................................................................18
2.3.2 PDR Production Workshops..................................................................................18
2.3.3 PDR Review Workshops.......................................................................................19
2.3.4 PDR Constructability Workshop...........................................................................19
2.3.5 Technical Progress Meetings.................................................................................20
2.3.6 Focused Meetings..................................................................................................20
2.3.7 Coordination with Other Projects Meetings..........................................................20
3.PHASE 3 – DESIGN.............................................................................................................................21
3.0 Bid Documents .................................................................................................................21
3.0.1 General ..................................................................................................................21
3.0.2 Engineering Design Guideline Updates ................................................................22
3.0.3 General Requirements and Additional General Requirements .............................22
3.0.4 Design submittals ..................................................................................................22
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3.0.5 Construction Submittal Items List.........................................................................23
3.0.6 Temporary Facilities During Contruction .............................................................23
3.1 Design Support Documentation .....................................................................................23
3.1.1 Design Submittal Support Documentation............................................................23
3.1.2 Construction Cost Estimate...................................................................................24
3.1.3 Construction Schedule...........................................................................................24
3.1.4 Procurement Alternatives ......................................................................................24
3.2 Design Activities...............................................................................................................24
3.2.1 Utility Investigation...............................................................................................24
3.2.2 Specialty Service ...................................................................................................25
3.2.3 Permitting assistance .............................................................................................25
3.2.4 Project Management..............................................................................................25
3.2.5 Risk Management..................................................................................................25
3.2.6 Quality Control......................................................................................................25
3.3 Design Workshops and Meetings...................................................................................25
3.3.1 General ..................................................................................................................25
3.3.2 Design Phase Workshops ......................................................................................26
3.3.3 Pre-DS3 Constructability Workshop.....................................................................26
3.3.4 Design Phase Meetings..........................................................................................28
3.3.5 Coordination with Other Projects Meetings..........................................................29
3.3.6 Safety and Risk Meeting .......................................................................................29
3.3.7 Construction Submittal Items List Meeting ..........................................................29
3.4 Bid Phase Support Services ............................................................................................29
3.4.1 Bid Phase Support Services...................................................................................29
3.4.2 Bid Evaluation Assistance.....................................................................................29
3.4.3 Conformed Document Preparation........................................................................29
4.PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES ......................................................29
5.PHASE 5 – COMMISSIONING SERVICES..........................................................................................29
6.PHASE 6 – CLOSE OUT......................................................................................................................30
7.GENERAL REQUIREMENTS...............................................................................................................30
7.0 GENERAL .......................................................................................................................30
7.0.1 OC San Engineering Design Guidelines and Strategic Plan .................................30
7.0.2 Project Phases and Tasks.......................................................................................31
7.0.3 Construction Sequencing and Constraints.............................................................31
7.0.4 Working Hours......................................................................................................31
7.0.5 Standard Drawings and Typical Details................................................................31
7.0.6 Software.................................................................................................................31
7.0.7 Submittal Review using Bluebeam .......................................................................31
7.0.8 Word Track Changes.............................................................................................32
8.PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES....................................32
8.0 ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN GUIDELINES
– GENERAL REQUIREMENTS”..............................................................................................32
9.STAFF ASSISTANCE ..........................................................................................................................32
10.EXHIBITS..............................................................................................................................................32
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1.PROJECT REQUIREMENTS
1.0 SUMMARY
1.0.1 PROFESSIONAL DESIGN ENGINEERING SERVICES
A.CONSULTANT shall provide professional engineering services for the Preliminary
Engineering, design, and preparation of Contract Documents suitable for bidding of the
project described herein. The services include the following:
1.Preliminary Design Report
2.Design Submittals 2, 3, and final design submittal (FDS)
3.Permitting assistance
4.Bid Documents
1.0.2 PROFESSIONAL LICENSING REQUIREMENTS
A.CONSULTANT shall be licensed in the State of California.
B.All plans, specifications and reports shall be prepared by professional engineers
licensed in the State of California for their associated discipline.
C.CONSULTANT shall employ Professional Engineers licensed in the State of
California to determine structural engineering and Code requirements, develop, and
prepare preliminary design documents and develop and prepare final plans and
specifications.
D.CONSULTANT shall employ or otherwise provide a California Licensed
Geotechnical Engineer for development of parameters for seismic analyses and
evaluation based on existing geotechnical data and reports.
E.CONSULTANT shall employ or otherwise provide other professionals with State of
California Registration to provide professional services required to perform the scope of
work for this project.
1.1 BACKGROUND
The Orange County Sanitation District (OC San) completed a Planning Study (PS) under PS15-
06 - Seismic Evaluation of Structures at Plant Nos. 1 and 2 which evaluated the seismic
vulnerability of selected structures at the two plants and developed recommendations for the
mitigation of the identified vulnerabilities. Results of PS15-06 study were provided in three
technical memoranda and a final report, which are included under Exhibit 19 - PS 15-06 Seismic
Evaluation of Structures at Plant Nos. 1 and 2 Project Report and Technical Memoranda.
1.2 GENERAL PROJECT DESCRIPTION
Based on PS15-06 recommendations, Project No. P1-137 - Supports Buildings Seismic
Improvements at Plant No. 1 was created to address structural deficiencies for staff-occupied
buildings within Plant No. 1. P1-137 project shall provide structural improvements aimed at
reducing risk of failure during a significant seismic event. Selected buildings include the Control
Center, Maintenance Buildings, Rebuild Shop, Warehouse, and Fleet Services Building. The
Scope of Work (SOW) of this Request for Proposal (RFP) also includes hazardous material
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assessment for the buildings, and provisions (including accommodations) to relocate staff during
the seismic retrofit construction.
The basis for the structural and geotechnical analysis performed as part of PS15-06 study was a
planning-level assessment following the guidelines of ASCE41-13. A detailed analysis was not
performed on each individual structure; instead, exemplar structures were identified that
represented similar design and performance criteria that represented multiple structures. An
analysis was performed on the exemplar structure and the results were judiciously applied to
other representative structures to evaluate their performance during a seismic event. This
project requires a detailed structural evaluation of the referenced building structures to identify
structural deficiencies and appropriate retrofits and mitigation measures.
1.3 PROJECT EXECUTION PHASES
All OC San projects are divided into six phases. CONSULTANT shall provide engineering
services for all Project Elements listed in this Scope of Work for the following Phases:
Phase 1 – Project Development (Not in this Scope of Work)
Phase 2 – Preliminary Design
Phase 3 – Design
Phase 4 – Construction (Not in this Scope of Work)
Phase 5 – Commissioning (Not in this Scope of Work)
Phase 6 – Close Out (Not in this Scope of Work)
1.4 DESCRIPTION OF PROJECT ELEMENTS
Detailed descriptions of the Project Elements are presented below.
1.4.1 PROJECT ELEMENT 1 – SEISMIC RETROFIT OF OCCUPIED SUPPORT BUILDINGS
AT PLANT NO. 1
A.The project includes the structural modifications to the buildings listed below, which
are located at OC San’s Reclamation Plant No. 1. The structural modifications are
needed to conform these buildings to the most current California Building Code (CBC)
and the seismic requirements described in Planning Study, PS15-06:
Project Element 1.1 Control Center – Originally constructed in 1993, the Control
Center is the central hub of operations at Plant No. 1, and it is essential to OC San
staff for the health and safety of the public. It is, therefore, essential that the building
remain operational during and after a seismic event. This building houses
approximately 40 personnel.
Project Element 1.2 Buildings 5 and 6 (Maintenance Building) – Originally
constructed in 1988, this is the main hub of OC San’s Plant No. 1 Maintenance
Department housing offices and shop space for field staff and supervisors for all
major crafts. Buildings 5 and 6 house approximately 18 and 31 team members,
respectively.
Project Element 1.3 Buildings B and 3 (Rebuild Shop) – Originally constructed in
1972, with Building 3 being added in 1990, the Rebuild Shop houses the shop space
for the staff who is responsible for various tasks, such as teardown and
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rebuild of pumps and equipment, fabrication of components for equipment being
repaired, welding facilities, and other tasks needed for repair and maintenance of OC
San’s equipment. Buildings B and 3 houses approximately 8 team members.
Project Element 1.4 Warehouse – Originally constructed in 1972, the Warehouse is
where OC San primarily houses the parts, materials, and other equipment used
throughout the Plant. The Warehouse also houses the office spaces used by the
Warehouse Staff. This building houses approximately 7 team members.
Project Element 1.5 Fleet Services (Auto Shop) – Originally constructed in 1971,
Fleet Services is OC San’s centralized Automobile Maintenance and OC San vehicle
parking area that services all of OC San’s vehicles and issues vehicles to staff that
need to drive between Plant Nos. 1 and 2, and Collections Facilities. This building
houses approximately 9 team members.
Project Element 1.6 Shop Building A – Originally constructed in 1972, Shop Building
A houses a few of the smaller, but still quite important, maintenance functions of OC
San, such as the Paint Shop, Source Control Records storage, Fitness Center, Pipe
Shop Space, OC San Reliability Lab, and Facilities staff offices. This building
houses approximately 4 team members.
For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
1.Roof replacement and/or repairs for all buildings will not be required to complete the
required seismic retrofits.
1.4.2 PROJECT ELEMENT 2 – TEMPORARY FACILITIES DURING CONSTRUCTION
A.During the seismic retrofit’s construction period, OC San’s personnel may need to be
relocated to temporary spaces within OC San’s Plant No. 1 site. All planning and
coordination of these relocation activities (to the temporary facility and back to the
retrofitted building) as well as setting up temporary facilities including any temporary
furnishings and equipment for the relocated personnel are part of this project.
Temporary facilities also include components to protect the existing IT and industrial
control system (ICS) equipment and networks.
B.In conjunction with the above-mentioned personnel relocations, provisions for
temporary locker rooms, showers, and other necessary facilities to relocated personnel
are part of this project.
C. As part of the temporary relocation of staff, rerouting of required utilities, and IT and
ICS system connections to the temporary location need to be identified and coordinated
during the construction phase of this project.
D. It is imperative for the systems in the Control Center that cannot be relocated to
remain online at all times during construction, as much as possible and appropriate
mitigation steps must be taken to ensure that all construction tasks that occur in the
building are coordinated with Plant Operations to ensure an emergency plan or backup
is in place in the event that an unforeseen outage caused by construction activities.
For the purpose of estimating the predesign and design phase levels of effort, the
CONSULTANT shall make the following assumptions regarding this project element:
1.For Predesign
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a.Up to two buildings may be under construction at any given time, with the
exception of the Control Center, which would be the only building under
construction at any one time.
b.For the predesign of the temporary facilities for each building: Allocate 200 hours
(exclusive of hours needed for project management, meetings/workshops with
OC San, Consultant’s internal meetings and QA/QC effort) to prepare the
temporary facilities for the buildings listed for this project (sections in technical
memoranda and preliminary drawings).
2.For Design of temporary facilities: Allocate 500 hours (exclusive of hours needed for
project management, meetings/workshops with OC San, Consultant’s internal meetings,
and QA/QC effort) to prepare the final design (specifications and drawings) for the items
in this project element.
1.4.3 COORDINATION WITH OTHER PROJECTS
A.The following projects may impact or require coordination with this project:
1.P1-132 Uninterruptable Power Supply Improvements at Plant 1: This project will
provide a new regional Uninterruptible Power Supply (UPS) at Power Building 8 to
provide critical power to facilities in the northwest region of Plant No. 1, including the
buildings listed under Project Element 1. New electrical distribution and branch
circuit panelboards will replace existing old and obsolete equipment in the buildings
listed under Project Element 1, except in the Control Center where new panelboards
will be added. In addition, the existing racks in the Server Room (also known as
Computer Room) in the Control Center will be replaced with new racks. The project
will provide temporary power to maintain services to critical loads during
construction. Miscellaneous 480-volt cables and circuit breakers will also be
replaced. Need to coordinate the P1-137 design with the P1-132 design. Also, the
construction of both projects may overlap, and this coordination requirement needs
to be included in the P1-137 design documents.
2.J-120 Process Control System Upgrades: This project will upgrade the existing
Supervisory Control and Data Acquisition (SCADA) Systems for the treatment plants
and pump stations. To accommodate the new SCADA platform, this project will
construct improvements to the existing control rooms inside of the Control Center,
providing new consoles, workstations, and monitors. Need to coordinate the P1-137
design with the J-120 design. Also, the construction of both projects may overlap,
and this coordination requirement needs to be included in the P1-137 design
documents
3.P1-128A Headquarters Complex at Plant No. 1: This project will construct the
new Headquarters Building on the north side of Ellis Avenue to house administrative,
engineering, resource protection and environmental compliance staff. Surface
parking and a Pedestrian Bridge over Ellis Avenue to Plant 1 will also be
constructed. The project includes the demolition of the Risk Trailer and one building
on the Bandilier property. Need to coordinate the P1-137 design with the P1-128A
construction to identify if the existing Administration Building would be available for
the temporary relocation of personnel and equipment.
4.P1-138 Industrial Control System & IT Data Center Relocation at Plant No. 1:
This project will relocate the existing data network and telecommunications room that
is located in the Administration Building at Plant No. 1 to Power Building 3. Need to
coordinate the P1-137 design with the P1-138 design. Also, the
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construction of both projects may overlap, and this coordination requirement needs
to be included in the P1-137 design documents
FR1-0012 Building B Floor Replacement, Jib Crane, and Forklift Pad: This project
will replace the existing wood tiles with reinforced concrete, modify an existing pit to
accommodate the future installation of a Jib Crane, and provide a concrete pad for a
forklift. Need to coordinate the P1-137 design with the FR1-0012 design. Also, the
construction of both projects may overlap, and this coordination requirement needs
to be included in the P1-137 design documents.
1.5 DESIGN CONSIDERATIONS
The following design considerations shall be carried from Preliminary Design through Final
Design.
1.5.1 TECHNOLOGY AND CONFIGURATION CHOICES
The project elements in this facility shall be achieved using proven approaches. Alternative
means of accomplishing the project elements must be reviewed and accepted by OC San prior
to detailed evaluation. Consultant shall demonstrate that all alternative approaches proposed
were proven to work in other buildings of similar structure that Consultant have designed
recently.
1.5.2 DESIGN DECISIONS
Design decisions shall be agreed upon by OC San prior to any work being performed by the
CONSULTANT in preliminary and detailed design. All design decisions shall be documented.
1.5.3 DESIGN SELECTION CRITERIA
A.Design selection shall consider construction, lifecycle, operation, and maintenance
costs as well as overall quality. When design recommendations are presented to OC
San, the design selection criteria shall be clearly identified with the recommendation.
B.The economic analysis shall consist of a life cycle cost analysis for the options
proposed, including costs for engineering, construction, operational and maintenance,
and future rehabilitation and replacement.
C. The construction cost estimate shall be provided by the CONSUTANT as described
in Engineering Design Guidelines Section 01.4.6 included as Exhibit 17 – OC San
Engineering Design Guidelines and Standards – Available online at
https://www.ocsan.gov/about-us/transparency/document-central/-folder-917Life cycle
cost analysis is described in Section 01.2.19 of the Guidelines.
1.5.4 PROJECT ELEMENT DESCRIPTION REVISIONS
CONSULTANT shall review and revise the Project Element Descriptions using track changes at
the end of Preliminary Design and at each design submittal. Changes shall be submitted to OC
San for review.
1.6 PROJECT SCHEDULE
1.6.1 GENERAL
A.The table below lists the time frames associated with each major project deliverable
and with OC San’s review and approval of those deliverables. CONSULTANT shall
comply with the schedule Milestones indicated in that table.
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B.OC San’s Project Manager will issue an Administrative Notice to Proceed (NTP) that
will authorize CONSULTANT to begin preparation of the Project Management Plan
(PMP). The Administrative NTP does not authorize costs to be incurred for execution of
the technical portion of the Work, except where specifically noted in the Administrative
NTP.
C.Following OC San’s acceptance of the PMP, OC San’s Project Manager will issue a
Preliminary Design NTP. OC San’s Project Manager will also issue a Final Design NTP
upon OC San’s acceptance of the final Preliminary Design Report.
D.The time frames specified below are used to estimate the scheduled milestone dates
based on the assumed NTP date, as shown in Exhibit 8 - Project Schedule
Calculation.
E.OC San will consider a CONSULTANT-proposed alternative schedule, provided it is
consistent with OC San resources and schedule constraints and demonstrates added
value to OC San.
PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Submit Project Management
Plan (PMP)
10 workdays from Administrative NTP.
OC San Review of PMP
10 working days from receipt of PMP. If the PMP is
acceptable, the OC San PM will set the date for the Kickoff
Meeting. CONSULTANT shall issue a revised PMP within 5
working days of receipt of OC San’s comments for OC San
approval.
Kickoff Meeting / Preliminary
Design NTP
The kickoff meeting will be scheduled to coincide with the
Preliminary Design NTP.
Submit Design Memo
Schedule
10 workdays from the Preliminary Design NTP,
CONSULTANT shall establish a schedule with the OC San
PM for separately submitting working drafts of each Design
Memo for OC San review prior to completing the draft PDR.
This schedule shall factor in the logical sequence for
completing the memos as well as both CONSULTANT and
OC San resources.
OC San Review of Design
Memo Schedule
10 workdays from receipt of Design Memo Schedule.
Submit draft Preliminary
Design Report (PDR)
220 workdays from the Preliminary Design NTP,
CONSULTANT shall submit the Draft PDR
OC San Review of Draft
PDR
20 workdays from receipt of Draft PDR
Submit final Preliminary
Design Report
20 workdays from receipt of OC San comments on Draft
PDR.
OC San Review of Final
PDR
15 workdays from receipt of Draft PDR
Final Design
NTP
CONSULTANT’s schedule shall allow 15 workdays from
submittal of the final PDR to receipt of the Design Phase
NTP.
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PROJECT MILESTONE AND DEADLINES
MILESTONE DEADLINE
Submit Design Submittal 2
(DS2)
110 workdays from receipt of OC San comments on PDR.
OC San Review of DS2 20 workdays from receipt of DS2
Submit Design Submittal 3
(DS3)
65 workdays from receipt of OC San comments on DS2.
OC San Review of DS3 20 workdays from receipt of DS3
Submit Final Design Submittal
(FDS)
20 workdays from receipt of OC San comments on DS3.
CONSULTANT shall stop work upon submission of DS3,
except as required to participate in OC San meetings, until
receipt of OC San comments on DS3.
OC San Review of FDS 15 workdays from receipt of FDS
Final Technical Specifications
and Plans
20 workdays from receipt of OC San comments on FDS.
2.PHASE 2 – PRELIMINARY DESIGN
The preliminary design phase will define the project. The final deliverable of this phase will be a
Preliminary Design Report (PDR) with the basis of design for all elements of the project.
2.0 PRELIMINARY DESIGN EXECUTION
2.0.1 MAJOR DECISIONS
A.The CONSULTANT shall plan the resolution of major decisions through the following
process:
1.Identify major decisions early and the timing required to prevent impacts to the
project schedule.
2.Identity the decision-making method that will be used to gain OC San
concurrence and provide appropriate opportunities for OC San to provide input.
3.Identify and schedule at the start of the project the workshops, technical design
meetings and focused meetings where major decisions will be made and include a
list of required attendees.
B.These decisions should be tracked on the Decision Log and flagged as a major
decision.
2.1 PRELIMINARY DESIGN PRODUCTION
2.1.1 GENERAL
A.Preliminary Design Report (PDR) production involves the preparation of design
memos, drawings, calculations, and other supporting material resulting in the PDR.
2.1.2 DESIGN MEMOS
A.The CONSULTANT shall produce Design Memos as indicated below in accordance
with Exhibit 1 - Preliminary Design Report Requirements. The CONSULTANT shall
discuss the combining of design memos subject matters with OC San, particularly with
those memos identified in Paragraph 2.1.3 and develop a design memo submittal list.
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☐Process Design Configuration
☐Hydraulic Analysis
☒Demolition
☒Describe Demolition Requirements
☒Demolition List
☐Demolition Plans
☐Demo EID
☒Rehabilitation Requirements
☐Geotechnical Data Report
☐Review of Existing Data - Preliminary Geotechnical Report
☐Geotechnical Data Report and Recommendations
☐Utility Requirements
☐Structural Design Parameters
☐Architectural Design Parameters
☐Process Mechanical Design Parameters
☐Building Mechanical Design Parameters
☐Fire Protection
☐Electrical
☐Instrumentation and Control
☐Landscaping
☐Plant Utility Investigation Findings
☐Vibration Analysis
☐Design Safety Requirements
☐Public Impacts
☐Environmental and Regulatory Requirements
☒Permit Requirements
☒List of Permits Required
☐Stormwater Requirements
☒Hazardous Material Survey, Mitigation and Control
☐Maintainability
☐Facility Operation and Maintenance
☐Facility O&M Requirements
☒Implementation Plan
☒Identification of Adjacent Projects
☒Preliminary Construction Sequencing Plan
☒Review of Constructability Issues
2.1.3 PROJECT SPECIFIC DESIGN MEMOS
A.In addition to the standardized Design Memos described above, produce the
following project specific Design Memos.
B.Design Memo 1 – Structural Design Parameters and Analysis Methodology
1.CONSULTANT shall perform the work listed below and prepare the design
memorandum to document the analysis and findings:
a.Identify the current applicable codes that apply to the seismic retrofit of
existing buildings projects, and any proposed codes that may come into effect
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within the design period of the projects. Provide the code listing and
recommended approach to establishing Code Compliance for the seismic retrofit
of each building listed for this project.
b.Establish specific Code criteria and design parameters applicable to each
structure and required for the design. Identify the specific items of the code that
will be used in the basis of design that supersede the code used in the Final
Geosyntec Report for PS15-06.
c.Define how codes, standards and best practices that are applicable to the
design and operation will be applied. There is no need to repeat building code
requirements.
d.Provide seismic design criteria for the project based on review of existing
geotechnical information; evaluation of proximity to faults, seismic classification
assigned to each structure.
e.Description of general guidelines for structural design (deflections, safety
factors, seismic design of non-structural components (architectural, mechanical,
and electrical components, including component importance factor).
f.Description of design loads (dead loads, superimposed dead loads, live loads,
wind loads, seismic loads, soil loads, and load combinations).
g.Identify the methodology and structural analysis software and features that will
be used to perform the required calculations for the structural seismic analysis.
Include a description of the input data and the relevant results from the software.
C.Design Memo 2 – Geotechnical Parameters
1.CONSULTANT shall perform the work listed below and prepare the design
memorandum to document the analysis and findings:
a.Review existing geotechnical reports for OC San Plant No. 1 and data in the
Geosyntec Report for PS15-06. Based on the findings from this review,
CONSULTANT shall develop the geotechnical parameters required for the
seismic analysis and structural design of the buildings included in this project. The
geotechnical work shall be performed by a Professional Registered Engineer in
the State of California in the Geotechnical Engineering discipline.
D.Building Specific Design Memos
1.Consultant shall prepare and submit the Design Memos listed below:
Design Memo 3 – Plant No. 1 Control Center
Design Memo 4 – Plant No. 1 Buildings 5 and 6
Design Memo 5 – Plant No. 1 Building B and 3 (Rebuild Shop)
Design Memo 6 – Plant No.1 Warehouse
Design Memo 7 – Plant No. 1 Fleet Services (Auto Shop)
Design Memo 8 – Plant No. 1 Shop Building A
2.Design Memos 3 through 8 shall include the following:
a.Review of the applicable building code as determined in Design Memo 1 and
how it applies to this building. Determine the specific sections that apply to this
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building and any changes to the recommendations of PS15-06 that supersede the
older version of the code.
b.Description of structural construction for the building.
c.Conduct site visits and provide a summary of the investigations and findings
from site visit(s) to the building, including areas visited, existing conditions,
potential seismic issues, potential construction issues and hazards, offices that
will need to be temporarily relocated during construction, understanding of all the
existing equipment and systems in the building to identify/specify their required
protection during construction, etc. Use this information, as necessary, in the
analysis. The CONSULTANT shall also consider any modifications to the building
that may be or have already been made from a review of existing and the most
recent building modification record drawings or plans of completed projects and
projects that are either being designed or constructed concurrently with this
project, including any additional equipment, openings (wall, floor, other), etc.
d.Conduct the detailed Structural Analysis and recommended retrofits of the
building with respect to the applicable building codes and site conditions. The
information needs to include any inputs to the calculations, assumptions, design
parameters, and the results and explanations. Provide a schedule of the needed
modifications to the building, in table form, noting which modifications do and do
not differ from the PS15-06 project. Also include any needed demolition needed to
facilitate construction work.
e.Description of minimum material requirements for anchorage.
f.CONSULTANT shall show and explicitly identify the limits of work for the
building, including any restrictions to the work allowed in any area, e.g., whether
the area can be used for parking or laydown.
g. Plan, document, and define the temporary facilities/relocations needed for
construction, including utilities, control equipment, IT Servers, ICS system,
instrumentation, etc. and plans for protecting in-place, utilities, control equipment,
IT Servers, ICS system, instrumentation, etc. that cannot be moved or provided by
other temporary means. This includes OC San personnel access to each of the
buildings listed under this project.
h. Define a preliminary construction sequencing plan specific to the
implementation of the seismic retrofit for the building, including any construction
related mitigations, such as hazardous material abatement, staff relocations,
protection of equipment that cannot be relocated, and accessibility to areas
identified by O&M personnel. This plan also needs to include any required utility
outages that will be required during the construction period.
i. Identify, list, and create plans for all required demolition. The plans shall also
include dust, debris, and vibration control and mitigation measures. This includes,
but is not limited to, measures for protecting equipment that cannot be moved
from the construction area such as large machine shop equipment and IT/ICS
equipment and servers.
j. If any structural updates are to be made to the outside of the building that will
affect the aesthetic of the building, these updates shall be identified and made in
accordance with the OC San’s Architectural Guidelines and Requirements.
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k. Identify the elements to be included on the design Drawings to facilitate the
plan check review process with the City of Fountain Valley Building & Safety.
Include the contact’s name and information of the City of Fountain Valley Building
& Safety.
l. For Design Memo 3 – Plant No. 1 Control Center, specific considerations
include, but are not limited to:
(1)Server room (also known as computer room or room 110 in the ground
level, which contains IT and ICS equipment) and ancillary equipment (fire
suppression and regional uninterrupted power supply, UPS)
(2)Control room
(3)Terminal room (located in the basement and contains the ICS equipment
and IT equipment) and ancillary equipment (UPS in the basement)
m. For Design Memo 4 – Plant No. 1 Buildings 5 and 6, specific considerations
include, but are not limited to:
(4)Staff electric carts and charging
(5)Tools and test equipment storage
(6)Additional PPE storage
(7)Storage and testing facilities for test gases and reference chemicals
n. For Design Memo 6 – Plant No.1 Warehouse, specific considerations include,
but are not limited to:
(8)Warehouse Stock
(9)Racks holding Warehouse Stock
(10)Retain functionality of loading docks during construction
o. For Design Memo 8 – Shop Building A, specific considerations include, but
are not limited to the existing spray booth and corresponding ventilation
equipment.
E.Design Memo 9 – Construction Cost Estimate
1.Prepare Design Memo 9 to include the construction cost estimate for the project
for each of the building listed in Project Element 1. The cost estimate for each of
these buildings shall include the cost of all demolition, construction, and restoration
activities, including but not limited to, the cost of materials, labor estimates,
temporary facilities for OC San staff, the estimated cost for other temporary facilities,
and for protecting in-place equipment at each of the buildings that cannot be moved.
Design Memo 8 shall include the percentages for contractor’s overhead, profit,
mobilization/demobilization, bonds, permits and insurance, and contingency that will
be used to prepare the construction cost estimates for each design phase.
2.1.4 PRELIMINARY DESIGN DRAWINGS
A.The CONSULTANT shall produce the following Preliminary Design Report drawings
in accordance with Exhibit 1 - Preliminary Design Report Requirements.
☒General, including construction sequence/phasing for each building.
☒Demolition
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☐Civil (Only with respect to items impacted by seismic rehabilitation work)
☐Landscape (Only with respect to items impacted by seismic rehabilitation work)
☒Structural (Only with respect to items impacted by seismic rehabilitation work)
☐Architectural (Only with respect to items impacted by seismic rehabilitation work)
☐Mechanical (Only with respect to items impacted by seismic rehabilitation work)
☒Electrical (Only with respect to items impacted by seismic rehabilitation work)
☐Instrumentation and Control (Only with respect to items impacted by seismic
rehabilitation work)
2.1.5 PRELIMINARY DESIGN REPORT (PDR) PRODUCTION, CONTENTS AND
ORGANIZATION
A.Preliminary Design Report (PDR) Production involves the preparation of design
memos, drawings, calculations, and other supporting material resulting in the PDR.
B.The CONSULTANT shall combine the materials described below into a draft PDR.
The PDR shall be structured as outlined below, with the contents corresponding to the
tasks listed in this Scope of Work.
Volume 1 – Preliminary Design Report Technical Memos
Executive Summary
Design Memos
Design Memos 1 through 8.
List of Proposed Specification Sections
Volume 2 – Drawings (see Preliminary Design Drawings list below)
Volume 3 – Submittal Documentation
Calculations
Equipment Data & Catalog Cuts
Decision Log
Meeting Minutes
C.The Executive Summary shall summarize the conclusions of the Memos included in
the report, and specifically include a summary construction schedule and construction
cost estimate.
D.The draft PDR and final PDR shall be submitted in searchable PDF format legible
on-screen and as a hard copy. The number of hard copies is indicated in Exhibit 9 -
Deliverables Quantities. The labeling and organization of the PDF submittal shall be in
accordance with Exhibit 14 - Bluebeam Designer Training for Submission.
E.Each design memo shall be a separate file.
F.The OC San Project Manager may request that the CONSULTANT submit an
electronic proof set of the Draft PDR and Final PDR prior to hard copy production in
order to initially confirm that the submittal is ready for printing.
2.1.6 PRELIMINARY DESIGN COST ESTIMATE
A.The CONSULTANT shall provide a Class 3 cost estimate as defined AACE
(Association for the Advancement of Cost Engineering) International the for the
associated PDR submittal indicated below and in accordance with other requirements in
Exhibit 1 - Preliminary Design Report Requirements. This estimate shall be part of
Design Memo No. 8.
-
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2.2 PRELIMINARY DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all
subconsultants, including reviewing their work products prior to submission to OC San.
2.2.1 PERMITTING ASSISTANCE
A.CONSULTANT services related to Permitting Assistance may span across Phase 2
– Preliminary Design and Phase 3 - Design. These services are required for this project,
and they will be based on the requirements of Section III – Project Schedule and the
schedule constraints associated with each particular permit. The CONSULTANT shall
allocate the budgeted hours between the services in Phase 2 and Phase 3 based on
when these services will be required.
B.For all applicable Project Elements of this Scope of Work, CONSULTANT shall
provide Bid Documents that ensure that the facility features and the facility performance,
and construction procedures comply with all conditions of existing permits and permits
required to construct this project. Construction drawings, specifications and
supplemental drawings shall be prepared, as necessary, in the format required to obtain
all permits.
C.CONSULTANT shall assist OC San in obtaining permits. This assistance shall
include completing application forms provided by OC San, preparing supporting
documentation for the permit applications as required by the issuing agency, furnishing
the required number of copies of all construction drawings and exhibits, and attending
meetings with permitting agencies at the request of OC San.
D.With the exception of construction contractor-furnished permits, OC San staff will
execute all applications. All permit fees will be paid directly by the OC San and will not
be part of CONSULTANT’s fee.
E.CONSULTANT shall submit all supporting documentation in a timely fashion for all
permits required for this project as described below.
F.Stormwater Permitting
1.Stormwater permitting is not required for this project.
G.Building Permits
1.Building Permits will be required from the City of Fountain Valley. The list of
potential City reviewing departments includes:
a.Building
b.Fire Department
c.Public Works
2.The CONSULTANT shall assume 9 meetings at 1 hour each.
2.2.2 PROJECT MANAGEMENT
A.CONSULTANT shall be responsible for managing CONSULTANT’s project
execution, schedule, budget, subconsultants, and coordination with other projects. The
CONSULTANT shall perform the project management requirements in accordance with
Exhibit 3 - Project Management Requirements with the project specific options
identified below.
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B.Project Management Plan (PMP):
☐Not required
☒Required
☒PMP approval prior to beginning technical work on the project.
C.Project Logs
☒Major Decision Log
☒Project Decision Log
☒Action Item Log
☒Decision Issues Log
☒Meeting Log
☒Risk Management Log
D.Progress Report
☐Not required
☒Required
E.Project Invoices
1.Estimating earned value, tasks shall be further broken down to subtasks of no
more than $100,000.
2.Costs for invoicing shall be grouped into the following work packages:
Work
Package Description Tasks
3146 Preliminary Design All Phase 2 tasks.
3250 CONSULTANT Services During
Design Tasks 3.1 through 3.4
3252 Design Submittal 2
3253 Design Submittal 3
Tasks 3.1 through 3.4, divided into effort
by design submittal. FDS is charged
against DS3.
3254 Bid Support Services Task 3.4
2.2.3 RISK MANAGEMENT
A.When required below, CONSULTANT shall provide risk management in accordance
with Exhibit 4 - Risk Management Requirements with the project specific options
identified below.
B.Risk Management:
☐Not required
☒Required
☐Initial Risk Workshop
☒PDR Risk Management Workshop: 4 hours. (held 4 weeks prior to draft PDR)
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C.Moderator
1.CONSULTANT shall conduct the Workshops defined in Exhibit 4 - Risk
Management Requirements. The moderator shall have the following attributes:
a.Sufficiently technically knowledgeable to understand the nature of the risks
involved, but the moderator need not be a subject matter expert.
b.Not extensively involved in the project to date, so that the moderator has no
personal stake in the issues. CONSULTANT’s Project Manager and Project
Engineers for this project are not considered suitable.
(1)Employed by CONSULTANT, a Subconsultant, or a specific individual.
2.The Preliminary Design Risk Management Workshop shall be planned and
scheduled for a duration of 4 hours and will be held via MS Teams Meetings .
2.2.4 QUALITY CONTROL
A.The CONSULTANT shall provide quality control requirements in accordance with
Exhibit 6 - Quality Control Requirements.
2.3 PDR WORKSHOPS AND MEETINGS
2.3.1 GENERAL
A.Workshop and meeting planning, requirements, agendas, and meeting minutes shall
be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
2.3.2 PDR PRODUCTION WORKSHOPS
A.Predesign Kickoff Workshop
1.A three-hour project kick-off meeting shall be held with OC San staff to introduce
principal members of OC San and CONSULTANT’s teams. The discussion topics
shall include OC San responsibilities, CONSULTANT’s responsibilities, invoice
procedures, personnel badges, parking, site access, CONSULTANT’s Scope of
Work, detailed project schedule with milestones, Work Breakdown Structure
requirements, and OC San confined space and other safety policy training.
B.PDR Production Workshops shall be held during Preliminary Design to review the
topics listed below. The list below also indicates the number of workshops to be held to
cover the specific topic. Unless otherwise noted, each workshop shall be 2 to 4 hours in
length.
PDR PRODUCTION WORKSHOPS
TOPIC NUMBER OF
WORKSHOPS
PDR Production Kickoff 1
PDR Production Workshops
Structural and Geotechnical Basis for Design 1
Seismic Improvements (cover up to 3 buildings in each
workshop)
2
Temporary Facilities Workshop (cover up to 2 building in each
workshop)
4
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2.3.3 PDR REVIEW WORKSHOPS
A.CONSULTANT shall hold the following workshops to review the draft Preliminary
Design Report as required in Exhibit 5 - Workshop and Meeting Requirements:
1.Draft PDR Presentation Workshop
2.Draft PDR Review Workshop
3.PDR Validation Workshop
2.3.4 PDR CONSTRUCTABILITY WORKSHOP
A.A constructability workshop shall be held after the draft PDR submittal review to
identify any fatal flaws in the design relative to constructability and identify design ideas
and changes that would reduce both the initial and long-term costs while assuring a
credible construction sequence and approach while maintaining design objectives and
performance. Some of the subjects that shall be covered in this workshop include the
following: conflicts between design disciplines, geotechnical considerations, construction
sequencing, utility outages, equipment shutdowns and protection, personnel access
during construction, viability of equipment and staff relocations, safety, operational
requirements, access for maintenance, permitting, other local conditions, and
constraints.
B.This workshop shall generally be 4 to 6 hours in length. OC San and CONSULTANT
staff shall attend this workshop.
C.CONSULTANT shall be responsible for completing the following tasks relative to the
workshop:
1.Prepare package for constructability review workshop participants. The package
shall consist of detailed plans and specifications and other information selected by
CONSULTANT.
2.Prepare presentation on the project.
3.Summarize the constructability review workshop comments and action taken on
each comment in a memorandum.
4.All comments and recommendations of the workshop shall be incorporated into
Implementation Plan Design Memo and the Bid Documents.
2.3.5 TECHNICAL PROGRESS MEETINGS
A.Technical Progress Meetings shall be held every six weeks to review various issues
with OC San’s project team. A total of seven meeting shall be held during Preliminary
Design Phase. The CONSULTANT shall coordinate with the OC San Project Manager
to determine what topics will be covered in what meetings, and what OC San and
CONSULTANT team members are required for each.
2.3.6 FOCUSED MEETINGS
A.Focused meetings shall be held throughout preliminary design to discuss specific
issues in detail and generate comments and direction from OC San staff. The following
tentative list of topics may be covered in these meetings:
1.Utility coordination – Only with respect to structural mitigation impacts.
2.Geotechnical review summary and parameters – Only with respect to structural
mitigation issues.
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3.Quality control plan
4.Permits
5.OC San Safety Standards
6.City requirements
7.Architectural – Only with respect to structural mitigation impacts.
8.Construction sequencing, staff relocation, equipment protection, and building
access during construction.
9.Coordination with other projects
10.Additional meetings as necessary
B.Meeting lengths shall be as required to cover the topic in question. Depending on
subject matter and attendees, one meeting may cover multiple subjects. CONSULTANT
shall determine how many meetings will be needed to cover these topics.
CONSULTANT may suggest additional topics as necessary. Supplementary meetings
may be scheduled with OC San staff, as necessary to allow coordination between
CONSULTANT and OC San staff.
2.3.7 COORDINATION WITH OTHER PROJECTS MEETINGS
A.The project shall be a complete and fully functional facility that is integrated with
existing facilities and coordinated with other construction projects. CONSULTANT shall
coordinate potential conflicts with the following adjacent projects and participate in the
number of meetings indicated in the following table:
PROJECT COORDINATION MEETINGS
PROJECT PROJECT DESCRIPTION
COORDINATION
MEETINGS
P1-132 Uninterruptable Power
Supply Improvements at
Plant 1
1 meeting @ 30 minutes
J-120 Process Control System
Upgrades
2 meetings @ 1 hour
P1-128A Headquarters Complex at
Plant No. 1
2 meetings @ 1 hour
P1-138 Industrial Control System &
IT Data Center Relocation at
Plant No. 1
1 meeting @ 1 hour
FR1-0012 Building B Floor
Replacement, Jib Crane, &
Forklift Pad
1 meeting @ 30 minutes
3.PHASE 3 – DESIGN
3.0 BID DOCUMENTS
3.0.1 GENERAL
25 January 2022 P1-137 – Design SOW
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A.CONSULTANT shall provide engineering services to prepare biddable plans,
technical specifications, and other Bid Documents as required based on the design
concepts and criteria developed during Phase 2 - Preliminary Design. In this Scope of
Work, construction documents include specifications and drawings.
B.Seismic Retrofit of Plant No. 1 buildings.
1.Review the PDR, for applicable information regarding each of the buildings to be
retrofitted under P1-137. The CONSULTANT shall validate this information, as
needed, during the design process.
2.Develop the Work Constraints specific to each building that may be required
during the construction phase. These may include identifying and designing
temporary facilities and relocation plans that may be required during the construction
period.
3.Prepare the construction Work Sequence plan specific to each building, including
any construction related mitigations, such as hazardous material abatement, staff
relocations, and protection of equipment that cannot be moved. This plan also
needs to include any required outages that will be required to accommodate
construction activities and the necessary coordination with Operations and
Maintenance personnel to schedule these outages.
3.0.2 ENGINEERING DESIGN GUIDELINE UPDATES
A.All changes in OC San’s Engineering Standards, OC San’s Design Guidelines,
and/or changes in design concepts and facility layouts as a result of OC San comments
that may occur up to transmittal of OC San comments on Design Submittal 2, shall be
incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s
Not-to-Exceed upper limit on fees.
3.0.3 GENERAL REQUIREMENTS AND ADDITIONAL GENERAL REQUIREMENTS
A.The following are the minimum Additional GRs topics required for this project:
☒Summary of Work
☒Work Sequence
☒Work Restrictions
☒Permits
☒Environmental Restrictions and Controls with respect to dust mitigation and
maintaining the required temperatures in the areas with servers, control panels, and
other sensitive equipment.
☒Measurement and Payment (includes Mobilization/Demobilization)
☒Seismic Design Criteria (for those restraints, supports, etc. to be design by the
Contractor)
☒Shipping, Storage and Handling
☒Project Control Management System (PMWeb construction management
software)
☒Hazardous Materials Mitigation and Controls
☐Mold Remediation and Controls
3.0.4 DESIGN SUBMITTALS
A.The CONSULTANT shall produce the following design submittals as indicated below
in accordance with Exhibit 2 - Design Requirements. If a design submittal is elim
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inated, then the design submittal shall include the requirements associated with the
required design submittal along with the requirements associated with the previous
unchecked design submittals.
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
B.Continuing Work After Design Submittal Submission
For Design Submittals 2 and 3, CONSULTANT shall stop all design work until receipt
of OC San comments on that submittal.
3.0.5 CONSTRUCTION SUBMITTAL ITEMS LIST
CONSULTANT shall develop the Construction Submittal Items List in accordance with
Exhibit 2 - Design Requirements.
3.0.6 TEMPORARY FACILITIES DURING CONTRUCTION
Temporary facilities during construction are required. Prepare plans and work sequence
for temporary facilities during construction, as described under the “Temporary Facilities
During Construction” paragraph under the Project Elements.
3.1 DESIGN SUPPORT DOCUMENTATION
3.1.1 DESIGN SUBMITTAL SUPPORT DOCUMENTATION
A.The CONSULTANT shall provide a Design Submittal Support Documentation in
accordance Exhibit 2 - Design Requirements.
B.Design Information
1.CONSULTANT shall include the following material with each Design Submittal:
a.CONSULTANT shall maintain the Project Logs specified under Phase 2
Project Management through Phase 3. Current copies of all logs shall be
included with each Design Submittal.
b.Written response log to OC San comments on the previous submittal.
c.Calculations
d.Draft or final Field Findings Reports not submitted in the previous submittal
and those revised since the previous submittal.
e.All memos that may be prepared since the previous submittal was delivered.
C.Facility Operation and Maintenance
☒Not required.
☐Update operating philosophies
☐Update estimates of Operation and Maintenance staffing requirements
D.Electrical Design Documentation
☒Electrical design documentation not required.
☐Updated Electrical Load Criticality Table
☐Electrical Analysis Report
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☐Load list for all equipment
☐Equipment sizing from three manufacturers for motor control centers, switchgear,
transformers, and power panels
☐Lighting calculations
☐Standby generator sizing calculations
☐Ductbank cable pulling tension, derating, and cable tray fill calculations
E.Power System Studies
☒ETAP not required.
☐Plant ETAP model for the project performed by OC San.
☐Plant ETAP model for the project performed by CONSULTANT.
☐Electrical Systems Analysis Report performed by CONSULTANT.
3.1.2 CONSTRUCTION COST ESTIMATE
A.The CONSULTANT shall provide a cost estimate for the associated design submittal
indicated below in accordance with Exhibit 2 - Design Requirements.
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.3 CONSTRUCTION SCHEDULE
A.The CONSULTANT shall provide a Preliminary Construction Schedule for the
associated design submittal indicated below in accordance with Exhibit 2 - Design
Requirements.
☐Construction Schedule is not Required
☐Design Submittal 1
☒Design Submittal 2
☒Design Submittal 3
☒Final Design Submittal
3.1.4 PROCUREMENT ALTERNATIVES
A.The CONSULTANT shall recommend the appropriate procurement alternatives as
described in Exhibit 2 - Design Requirements.
☒Procurement alternatives not required
☐Procurement alternatives required
3.2 DESIGN ACTIVITIES
The following services shall be provided by the CONSULTANT or an appropriately qualified
subconsultant. In any case, the CONSULTANT shall be responsible for managing all
subconsultants, including reviewing their work products prior to submission to OC San.
3.2.1 UTILITY INVESTIGATION
A.CONSULTANT services related to Utility Investigation on the project are specified in
Phase 2 – Preliminary Design and those services shall continue during Phase 3 –
Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2
and Phase 3 based on when these services will be required.
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B.Final Design Submittal Utility Coordination Reviews
1.During DS3 submittal review, an on-site inspection shall be made in the project
areas. During the on-site inspection, a senior-level CONSULTANT representative
shall walk the site accompanied by OC San’s Project Engineer and Supervising
Inspector. The CONSULTANT’s representative shall be experienced in the location
and identification of utilities in the field. During the on-site inspection the
CONSULTANT shall document all visible features that indicate utilities within the
project area and compare them with the Contract Drawings.
3.2.2 SPECIALTY SERVICE
A.The CONSULTANT shall hire a Specialty Subconsultant that will be needed for any
hazardous material mitigation, such as asbestos, lead paint, mold, etc., or any other
specialty needs. The CONSULTANT shall create the Scope of Work(s) necessary to
facilitate the hiring of this subconsultant and include this in the bid documents.
3.2.3 PERMITTING ASSISTANCE
A.CONSULTANT services related to Permitting Assistance on the project are specified
in Phase 2 – Preliminary Design and those services shall continue during Phase 3 -
Design. CONSULTANT shall allocate the budgeted hours between the Permitting
Assistance services in Phase 2 and Phase 3 based on when these services will be
required. CONSULTANT shall submit and obtain approval for the design from City of
Fountain Valley at DS 3, to allow incorporation of comments from City of Fountain Valley
into FDS and have documents ready for Contractor winning the bid to obtain the permit
from the City of Fountain Valley.
3.2.4 PROJECT MANAGEMENT
A.CONSULTANT shall be responsible for managing CONSULTANT’s project
execution, schedule, budget, subconsultants, and coordination with other projects.
CONSULTANT services related to Project Management on the project are specified in
Phase 2 – Preliminary Design and those services shall continue during Phase 3 –
Design as required. CONSULTANT shall allocate the budgeted hours between Phase 2
and Phase 3 based on when these services will be required.
3.2.5 RISK MANAGEMENT
A.CONSULTANT shall provide risk management in accordance with Exhibit 4 - Risk
Management Requirements. Moderator shall be as specified for Phase 2 – Preliminary
Design.
B.Risk Management:
☐Not required
☒Required
☐DS1 Risk Workshops: 1 hour (held during OC San’s review of DS1)
☒DS2 Risk Workshops: 1 hour (held during OC San’s review of DS2)
☒DS3 Risk Workshop: 2 hours (held during OC San’s review of DS3)
3.2.6 QUALITY CONTROL
A.The CONSULTANT shall provide Quality Control requirements in accordance with
Exhibit 6 - Quality Control Requirements.
☒Independent Multi-Discipline Design Workshop is not required.
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☐Independent Multi-Discipline Design Workshop is required. (minimum duration of 4
days)
3.3 DESIGN WORKSHOPS AND MEETINGS
3.3.1 GENERAL
A.Workshop and meeting planning, requirements, agendas, and meeting minutes shall
be in accordance with Exhibit 5 - Workshop and Meeting Requirements.
3.3.2 DESIGN PHASE WORKSHOPS
A.The focus of workshops is to review project progress to date and the technical
decisions that have been made in focused meetings. CONSULTANT shall conduct the
workshops listed below in Phase 3 – Design. The CONSULTANT shall allow the
following time for each workshop:
DESIGN PHASE WORKSHOPS
WORKSHOP TYPE DURATION
Design Kickoff Workshop 3 hours
Design Review Meetings 3 hours
Design Validation Meeting 3 hours
B.The Design Review Meetings shall include the following topics, as applicable to the
project:
1.Construction
2.Coordination with Operations and Maintenance personnel to identify access to
the buildings and equipment that cannot be relocated. Also, protection needed for
this equipment and required utilities to remain operational during construction
activities.
3.Temporary Facilities (including personnel relocation to/from temporary facilities)
4.Equipment Protection
C.A series of workshops shall be provided for the Design Review Meetings.
D.During final design, workshops shall be held after each design submittal.
3.3.3 PRE-DS3 CONSTRUCTABILITY WORKSHOP
A.A constructability workshop shall be held prior to the DS3 submittal and shall be a
three-day workshop. The constructability review is intended to provide OC San with an
objective third-party review of the Bid Documents for effectiveness in communicating
information to prospective bidders. The review shall determine if the Bid Documents
have sufficient information needed to bid and construct the project and avoid
misunderstandings and misinterpretations that may lead to conflict, confusion or claims
during construction. This review is not a comprehensive plan check, a dimensional
check, or a value engineering assignment. Further, it is recognized that comments may
only be given on the level of detail provided at this level of design.
B.Constructability review participants shall include highly experienced individuals from
construction companies, OC San construction management staff and CONSULTANT
construction management staff. Specialty Consultants and discipline engineers may
also be included.
25 January 2022 P1-137 – Design SOW
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C.Each constructability review participant shall receive a package at least two weeks in
advance. The package shall include plans and specifications, general conditions, the
CPM schedule, the construction cost estimate, permits, and other pertinent information.
The confirmation statements regarding the size-critical equipment as required in the
Engineering Design Guidelines, Chapter 01, Design Guidelines – General
Requirements, Section 01.2.15.2 “Size-Critical Equipment” shall also be included in the
review package.
D.The constructability review shall be held on-site.
E.Day 1 shall start with a site visit, for the reviewers to acquaint themselves with the
site conditions. After the site visit, the CONSULTANT shall make a short presentation,
followed by a question-and-answer period. This is anticipated to take about 1/2 day. The
second half of Day 1, Day 2, and the first half of Day 3 shall be individual workdays for
the Constructability Review Team. The CONSULTANT shall not attend, although one
designated individual from the CONSULTANT’s Design Team shall remain to answers
questions and gather additional information that the constructability review team might
need.
F.On the afternoon of Day 3, the CONSULTANT shall return and listen to comments
from the Constructability Review Team. A designated individual shall record the
comments, and take notes from the workshop, to document the process.
G.Topics the Constructability Review Team must consider shall include:
1.Project consistency, discrepancies, and constructability issues
2.Contradictions, bid package strategies, and biddability issues
3.Power outages and equipment shutdowns
4.Construction methods and mitigating impacts
5.Viability of equipment relocation
6.Operational requirements (including personnel relocation to/from temporary
facilities)
7.Access to make proper connections
8.User-friendliness and safety
9.Coordination with other projects
10.Risk sharing
11.Construction sequencing and schedule, materials storage, and work zone
accessibility
12.Clarity of the scope of work, and interface activities
13.Impacts on existing operation
14.Access
15.Cost control
16.Partnering with contractor
17.Other local conditions and constraints
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H.The Constructability Review Team shall provide a list of comments and the
CONSULTANT shall respond to each comment, selecting those comments to be
included in the final plans and specifications.
I.To facilitate the Constructability Review Workshop, CONSULTANT shall complete
the following tasks:
1.Prepare package for constructability review participants. The package shall
consist of detailed plans and specifications and other information selected by
CONSULTANT. The package shall be mailed to participants at least one week prior
to the workshop.
2.Arrange for off-site location for Constructability Review Workshop.
3.Provide for a constructability review facilitator.
4.Prepare presentation on the project for the Constructability Review Team.
5.Meet with Constructability Review Team to receive comments.
6.Provide listing of constructability review comments and action taken on each
comment. (The summary report of constructability review comments shall be
prepared by the Constructability Review Team.)
J.All comments and recommendations of the workshop shall be incorporated into the
Bid Documents at no additional cost to OC San.
K.Prior to DS3, the Commissioning Team shall also conduct an additional
constructability review of the final Bid Documents to review clarity of the bid package,
project completeness, and other issues, as necessary.
3.3.4 DESIGN PHASE MEETINGS
A.Technical Progress Meetings
1.Technical Progress Meetings shall be held every 4 weeks for 2 hours to review
various issues with OC San’s project team. A total of 8 meetings for 2 hours shall be
held during Design Phase. The CONSULTANT shall coordinate with the OC San
Project Manager to determine what topics will be covered in what meetings, and
what OC San and CONSULTANT team members are required for each.
B.Focused Meetings
1.Focused meetings shall be held throughout design to discuss specific issues in
detail and generate comments and direction from OC San staff. The following
tentative list of topics may be covered in these meetings:
a.Quality control plan
b.Common names for facilities and equipment
c.Permits
d.Safety requirements
e.Architectural concepts – Only with respect to structural mitigation impacts.
f.Hazardous Area classification (with OC San Authority Having Jurisdiction
representative participating)
g.Utilities and utility tie-ins
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h.Construction sequencing
i.Special studies
j.Coordination with other projects
k.Additional meetings as necessary
2.Each meeting shall generally be 2-4 hours in length. CONSULTANT shall
determine how many meetings will be needed to cover these topics. CONSULTANT
may suggest additional topics as necessary. Supplementary meetings may be
scheduled with OC San staff, as necessary to allow coordination between the
CONSULTANT and OC San staff.
3.3.5 COORDINATION WITH OTHER PROJECTS MEETINGS
A.The project shall be a complete and fully functional facility that is integrated with
existing facilities and coordinated with other construction projects. CONSULTANT shall
coordinate potential conflicts with adjacent projects and participate in the number of
meetings indicated in the table in section 2.3.7 of this Scope of Work.
3.3.6 SAFETY AND RISK MEETING
A.Meet with OC San Safety and Risk Management personnel between DS2 and DS3
to review the plans and specifications in accordance with OC San safety policies and OC
San Risk Management goals.
3.3.7 CONSTRUCTION SUBMITTAL ITEMS LIST MEETING
A.Meet with OC San between DS2 and DS3 to review the CONSULTANT’s approach
to developing the project Construction Submittal Items List using Exhibit 18 – and the
CONSULTANT-provided specifications and discuss the grouping of submittals in
commissioning packages and phases.
3.4 BID PHASE SUPPORT SERVICES
3.4.1 BID PHASE SUPPORT SERVICES
A.CONSULTANT shall provide the following bid period services:
1.Participate in the pre-bid meeting.
2.Prepare project drawing set and project specification addenda to provide
clarification and resolve errors and omissions identified prior to bid opening.
3.4.2 BID EVALUATION ASSISTANCE
A.Participate in reviewing alternate equipment proposals from the Contractor, if
applicable.
B.Participate in the evaluation of the submitted bids, furnish consultation and advice to
OC San staff, and assist with all the related equipment, cost, and other analyses as
required to finalize the award decision.
3.4.3 CONFORMED DOCUMENT PREPARATION
A.Within two weeks of the bid date, prepare conformed documents set (drawings,
databases, specifications, and other required materials) that incorporates the addenda.
See Engineering Design Guidelines, Chapter 01, Design Guidelines – General
Requirements, Section 01.4 “Preparation of Project Deliverables” for requirements as
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modified in Section V of this Scope of Work, “Project-Specific Deviations from OC San
Design Guidelines” and the requirements of the CAD Manual).
4.PHASE 4 – CONSTRUCTION AND INSTALLATION SERVICES
Not in this Scope of Work.
5.PHASE 5 – COMMISSIONING SERVICES
Not in this Scope of Work.
6.PHASE 6 – CLOSE OUT
Not in this Scope of Work.
7.GENERAL REQUIREMENTS
7.0 GENERAL
7.0.1 OC San ENGINEERING DESIGN GUIDELINES AND STRATEGIC PLAN
A.CONSULTANT shall refer to and adhere to the requirements of OC San Safety
Standards, OC San Engineering Design Guidelines, any deviations to the Engineering
Design Guidelines listed below, and other OC San’s Design Standards referenced
therein. Exhibit 16 - Spec Review using Microsoft Word and Teams
Exhibit 17 - OC San Engineering Design Guidelines and Standards – Available
online at is a complete set of the OC San Safety Standards and OC San Design
Standards, the latest edition at the time of the design proposal stage.
C.The Engineering Guidelines define what plant design concepts/tools/methods and
project management requirements shall be adhered to and in what manner they shall be
used/provided by Consultants, e.g., requirements regarding design concepts, submittals,
documentation details, use of OC San Master Specifications, and other related OC San
Standards, etc.
D.Refer also to Section “CONSULTANT’s Responsibilities” in OC San Engineering
Design Guidelines Chapter 01. Refer to “Master Specifications Instructions for Use” that
mandates rules and conventions to be used in all OC San project specifications.
E.The project Scope of Work defines whether or not each specific deliverable
described in the Guidelines shall be part of the project and when each task shall take
place.
F.The project Scope of Work also includes requirements that supplement and/or
modify the Guidelines requirements for this project.
G.The project Scope of Work and OC San Engineering Design Guidelines impact
CONSULTANT’s project cost.
H.Except as specified in this Scope of Work, design of all facilities shall conform to the
recommendations of the currently approved Master Plan for OC San facilities. The
project shall also incorporate all applicable mitigation measures included in associated
environmental documents and site-specific local requirements.
I.In addition, OC San will require the CONSULTANT to follow subsequent revisions of
OC San Safety Standards, OC San Engineering Design Guidelines, and other OC San
Design Standards up to transmittal by OC San of comments on Design Submittal 2, shall
25 January 2022 P1-137 – Design SOW
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be incorporated into the Design by CONSULTANT with no increase in CONSULTANT’s
Not-to-Exceed upper limit on fees.
J.OC San may update OC San’s Master Specifications and/or add new OC San
Master Specifications up to transmittal by OC San of comments on Design Submittal 2.
The CONSULTANT shall utilize the new and/or modified Master Specifications for the
DS3 submittal.
K.The CONSULTANT shall not begin editing the project specifications until the project
team meets with OC San’s Design Standards Custodian to discuss and receive
comments regarding the CONSULTANT’s proposed list of project specifications. This
meeting will be used to determine which specifications are to use OC San’s master
specifications, and where other sources will be utilized.
7.0.2 PROJECT PHASES AND TASKS
A.Project tasks and deliverables shall include the requirements described in this Scope
of Work. CONSULTANT shall also refer to Appendix A of OC San Engineering Design
Guidelines for the level of detail requirements for individual deliverables in each Phase
of the project not covered in the Scope of Work.
7.0.3 CONSTRUCTION SEQUENCING AND CONSTRAINTS
A.CONSULTANT shall develop with OC San staff and include in the Bid Documents
detailed requirements for construction sequencing and constraints. These shall ensure
safe and reliable operation and maintenance of OC San facilities. The facilities must be
kept on-line and fully operational with minimal interruptions throughout construction.
7.0.4 WORKING HOURS
A.Meetings with OC San staff shall be scheduled from Monday through Thursday
between the hours of 8:00 AM and 4:00 PM. Any CONSULTANT staff working on-site
shall conform to OC San work schedules. CONSULTANT shall refer to the Engineering
Design Guidelines, Chapter 01, Section 01.3.5 “CONSULTANT Inspection of Treatment
Facilities” for further requirements.
7.0.5 STANDARD DRAWINGS AND TYPICAL DETAILS
A.All the details used in the project (OC San’s Standard Drawings and CONSULTANT-
developed typical details) shall be shown on the Plans.
7.0.6 SOFTWARE
A.The CONSULTANT is expected to develop and provide the deliverables using the
standard software currently approved for use by OC San. The standard OC San
software includes, but is not limited to, the following:
B.Any software that the CONSULTANT needs to comply with these standards shall be
purchased and maintained by the CONSULTANT at no additional cost to OC San. In
the event OC San provides the CONSULTANT with access to OC San software and
hardware at an OC San facility in order to facilitate performance of their work, all
software shall remain the property of OC San. Only software licensed to OC San shall
be installed on OC San equipment. In addition, only OC San IT Department staff will
perform the installation of this software.
C.Refer to Chapters 10 and 11 and Appendix A of OC San Engineering Design
Guidelines for requirements on preparation of Criticality Tables and ETAP, SAT, and
--
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EID databases. Refer to OC San CAD Manual and to Chapter 11 and Appendix A of OC
San Engineering Design Guidelines for requirements regarding P&ID drawings.
7.0.7 SUBMITTAL REVIEW USING BLUEBEAM
A.OC San has standardized on the use of Bluebeam Revu for reviewing and providing
comments to PDF files. PDF files will be hosted in a Bluebeam cloud-based studio
session for review. See Exhibit 15 - Bluebeam Designer User Training for a detailed
explanation on how Bluebeam will be used to provide, validate, and close submittal
review comments.
B.Prior to submitting electronic PDF files, format them as indicated in Exhibit 14 -
Bluebeam Designer Training for Submission and “OC San CAD Standards Manual”
prior to submission.
C.A one-hour training session on the use of Bluebeam and custom status menu will be
provided by OC San. All Consultant team members responsible for quality control and
reconciliation of submittal comments shall attend.
7.0.8 WORD TRACK CHANGES
A.Specifications documents and other MS-Word based deliverables will be hosted in
OC San Teams environment for review. The guidelines for reviewing and commenting
on MS-Word files, including Specifications reviews, can be found in Exhibit 16 - Spec
Review using Microsoft Word and Teams.
7.0.9 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 a hand-written signature. At
least one PCMS account shall have the authority to approve Amendments.
OC SAN shall maintain the PCMS and serve as the administrator for the duration of this
Agreement. OC SAN will provide the CONSULTANT with user access for approved personnel
as needed for the duration of the Agreement. OC SAN shall control access to the PCMS by
assigning user profiles and login credentials. Notify OC San of any changes to personnel.
Access modifications shall be coordinated as needed throughout the Agreement. Do not to
share PCMS account passwords with anyone inside or outside of the company.
Routine maintenance of the PCMS system may be required during the Agreement. Access to
the PCMS system may be restricted or unavailable at these times and will be scheduled outside
of typical working hours whenever possible.
The PCMS is a web-based environment and is therefore subject to the inherent speed and
connectivity problems of the Internet. The CONSULTANT is responsible for its own connectivity
to the Internet. PCMS response time is dependent on the CONSULTANT’s equipment, including
processor speed, Internet access speed, Internet traffic, etc.
OC SAN will not be liable for any delays associated with the utilization of the PCMS including,
but not limited to: slow response time, down time periods, connectivity problems, or loss of
information.
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The OC SAN will provide a one-time free training session of up to two (2) hours to train
CONSULTANT’s designated staff on general system requirements, procedures, and methods.
Automated system notifications generated via PCMS (e.g. in-system notices, system generated
email, or email with attachment) shall constitute a formal written notification in compliance with
the Professional Design Service Agreement (PDSA), Professional Construction Service
Agreement (PCSA), or Task Order (TO) Agreement.
8.PROJECT-SPECIFIC DEVIATIONS FROM OC SAN DESIGN GUIDELINES
The following Scope sections change the Engineering Design Guidelines requirements for this
project and apply to ALL its Project Elements:
8.0 ENGINEERING DESIGN GUIDELINES CHAPTER 01, “DESIGN GUIDELINES –
GENERAL REQUIREMENTS”
9.STAFF ASSISTANCE
OC San staff member or designee assigned to work with CONSULTANT on the design of this
project is Carmen Quan at 714-404-3208 e-mail to:cquan@ocsan.gov
10.EXHIBITS
Exhibit 1 - Preliminary Design Report Requirements
Exhibit 2 - Design Requirements
Exhibit 3 - Project Management Requirements
Exhibit 4 - Risk Management Requirements
Exhibit 5 - Workshop and Meeting Requirements
Exhibit 6 - Quality Control Requirements
Exhibit 7 - Design Submittal Requirements Matrix
Exhibit 8 - Project Schedule Calculation
Exhibit 9 - Deliverables Quantities
Exhibit 10 - Sample Construction Cost Estimate Format
Exhibit 11 - Sample Full Project Safety Review Plan
Exhibit 12 - Sample Risk Management Check List
Exhibit 13 - MMRP Log Template
Exhibit 14 - Bluebeam Designer Training for Submission
Exhibit 15 - Bluebeam Designer User Training
Exhibit 16 - Spec Review using Microsoft Word and Teams
Exhibit 17 - OC San Engineering Design Guidelines and Standards – Available
online at https://www.ocsan.gov/about-us/transparency/document-
central/-folder-917
Exhibit 18 – Not Used
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Exhibit 19 - Project Reference Material
PS15-06 Seismic Evaluation of Structures at Plant Nos. 1 and 2
CQ:dm
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2399 Agenda Date:7/6/2022 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance
SUBJECT:
PURCHASE OF SODIUM HYPOCHLORITE (BLEACH SOLUTION) FOR ODOR CONTROL AND
PLANT WATER DISINFECTION IN THE TREATMENT PLANTS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Purchase Order Contract to Olin Corporation for the purchase of bulk Sodium
Hypochlorite (Bleach Solution), for the period of September 1, 2022 through November 30, 2022, for
a unit price of $1.769/gallon, delivered, plus applicable sales and excise tax, for a total estimated
amount of $330,000.
BACKGROUND
The Orange County Sanitation District (OC San) utilizes sodium hypochlorite for odor control. Foul
air is collected in collection lines and the treatment plants and is treated in chemical scrubbers in
accordance with AQMD requirements for oxidizing hydrogen sulfide from the odorous air. Bleach is
also required per NPDES permit requirements to be available for emergency outfall disinfection
purposes. Additionally, bleach is also used for disinfecting plant water.
Staff estimates approximately 62,000 gallons of bleach usage per month at both plants. The price
has continually escalated over the last four years from $0.698 per gallon to $0.799 per gallon which
was in the within the approved 10% contingency.
RELEVANT STANDARDS
·Maintain a proactive asset management program
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
PROBLEM
The Chemical Supplier Agreement with Olin Corporation, for the purchase of bulk Sodium
Hypochlorite (Bleach Solution), per Specification No. C-2018-939BD, is set to expire August 31,
2022. When staff initiated the agreement renewal process with the supplier, staff was notified of an
increase in the unit price which exceeds the Board authorized 10% contingency. Proposed unit priceOrange County Sanitation District Printed on 6/28/2022Page 1 of 3
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2399 Agenda Date:7/6/2022 Agenda Item No:5.
increase in the unit price which exceeds the Board authorized 10%contingency.Proposed unit price
for the new term increases from $0.799/gal to $1.769/gal.
Bleach is required to meet permit obligations and to support wastewater treatment process needs at
Plant Nos. 1 and 2.
PROPOSED SOLUTION
Approve a Purchase Order Contract with Olin Corporation for a three-month bridge contract.This
approval will allow OC San time for the formal bidding process to occur for a new long-term
agreement.
TIMING CONCERNS
The Chemical Supplier Agreement with Olin Corporation for the purchase of bulk bleach solution is
set to expire August 31,2022.Without action OC San will be unable to meet permit requirements,
support treatment plant processes,safely disinfect plant water,and mitigate odors,resulting in high
odor levels for the surrounding community.
RAMIFICATIONS OF NOT TAKING ACTION
Shortages in available bleach will impede OC San’s ability to fulfill AQMD and NPDES permit
requirements and to control and mitigate odors at both plants,ability to disinfect plant water for safe
reuse,and meet required permit obligations for disinfection in the event of effluent discharge out the
one-mile emergency outfall.
PRIOR COMMITTEE/BOARD ACTIONS
July 2018 -Awarded a Chemical Supplier Agreement to Olin Corporation,for the purchase of bulk
Sodium Hypochlorite (Bleach Solution),Specification No.C-2018-939BD,for the period of
September 1,2018 through August 31,2019,for a unit price of $0.698/gallon,delivered,plus
applicable sales tax,for a total estimated annual amount of $910,890 with four (4)one-year renewal
options; and approved a unit price contingency of 10% per year.
ADDITIONAL INFORMATION
The availability of chlorine related industrial chemicals has been problematic across the United
States for some time.Failures in several large production plants have limited supply of chlorine and
caustic soda.Recently,OC San was informed by the Olin Corporation that a major producer of
chlorine and caustic soda in Louisiana has declared a systemwide force majeure condition due to a
sudden failure of their manufacturing facility.These facility failures have resulted in limited availability
of chlorine, a key component of sodium hypochlorite, thereby adversely affecting pricing.
CEQA
N/A
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File #:2022-2399 Agenda Date:7/6/2022 Agenda Item No:5.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted in the FY2022-23 and 2023-24 Operating Budget,Division 830 and 840 (Line item:
Supplies).
Date of Approval Contract Amount Contingency
07/27/2022 $330,000 ($1.769/gal)N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
RM:PP:ab
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2263 Agenda Date:7/6/2022 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2, PROJECT NO. FR2-0018R
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Activated Sludge Clarifier Repairs at
Plant No. 2, Project No. FR2-0018R;
B. Award a Construction Contract to Garney Pacific, Inc. for Activated Sludge Clarifier Repairs at
Plant No. 2, Project No. FR2-0018R for an amount of $5,091,686; and
C. Approve a contingency of $509,169 (10%).
BACKGROUND
The Activated Sludge facility at Orange County Sanitation District (OC San) Plant No. 2 uses chain
and flight mechanisms to collect sludge settling along the length of the rectangular clarifiers and to
deliver the sludge to hoppers located at the upstream end. The collectors, which include 2,900 feet
of plastic chains and 160 flights per clarifier, are subject to degradation and wear. The collector
mechanisms were replaced in six of the clarifiers in 2020; the collectors in the remaining six clarifiers
have been in service since 1996.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive, responsible bidder
·Maintain a proactive asset management program
PROBLEM
The collectors in six of the clarifiers are at the end of their useful life, resulting in a number of recent
total failures that required expensive repairs during which the clarifiers were unavailable for service
for many weeks.
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2263 Agenda Date:7/6/2022 Agenda Item No:6.
PROPOSED SOLUTION
Award a Construction Contract for Activated Sludge Clarifier Repairs at Plant No.2,Project No.FR2-
0018R. This project will replace the sludge collection mechanisms in the six remaining clarifiers.
TIMING CONCERNS
The collectors will continue to require frequent maintenance.The clarifiers must be reliable so that
the Activated Sludge facility at Plant No.2 will have sufficient capacity to handle peak wet weather
flows.
RAMIFICATIONS OF NOT TAKING ACTION
The reliable operation of the clarifiers will remain compromised.
PRIOR COMMITTEE/BOARD ACTIONS
February 2022 -Board received and filed Bid Tabulation and Recommendation for Activated Sludge
Clarifier Repairs at Plant No.2,Project No.FR2-0018;received and filed award protests;received
and filed determination letter recommending rejection of all bids and re-advertising the project;and
rejected all bids and directed staff to re-advertise this project for bids.
ADDITIONAL INFORMATION
This project was advertised for bids in late 2021,but due to erroneous instructions in the Invitation for
Bids, OC San was not able to award a contract.
OC San then re-advertised Project No.FR2-0018R for bids on March 10,2022.The bid package
was modified slightly to clarify commissioning requirements and to increase the contract duration by
40 days.
Eight sealed bids were received on April 26, 2022. A summary of the bid opening follows:
Engineer’s Estimate $4,836,000
Bidder Amount of Bid
Garney Pacific, Inc.$ 5,091,686
J.R. Filanc Construction Co., Inc.$ 5,119,910
W.M. Lyles Co.$ 5,149,000
Abhe & Svoboda, Inc.$ 5,233,609
Mehta Mechanical Company, Inc. dba MMC Inc.$ 5,537,881
Houalla Enterprises, Ltd. dba Metro Builders & Engineers
Group, Ltd.
$ 5,885,525
Myers & Sons Construction, LLC $ 5,916,000
Shimmick Construction Company, Inc.$ 6,147,083
The bids were evaluated in accordance with the OC San’s policies and procedures and the apparent
low bidder,Garney Pacific,Inc.,was found to be responsive and responsible.A notice was sent to all
bidders on June 6,2022 informing them of the intent of OC San staff to recommend award of the
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File #:2022-2263 Agenda Date:7/6/2022 Agenda Item No:6.
bidders on June 6,2022 informing them of the intent of OC San staff to recommend award of the
Construction Contract to Garney Pacific,Inc.Staff recommends awarding a Construction Contract to
the lowest responsive and responsible bidder,Garney Pacific,Inc.,for a total amount not to exceed
$5,091,686.
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 has been filed with the OC Clerk-
Recorder.
FINANCIAL CONSIDERATIONS
This request complies with the authority levels of OC San’s Purchasing Ordinance.This
recommendation will be funded under the Repairs and Maintenance line item for Division 880,Plant
No.2 Maintenance (Adopted Budget,Fiscal Year 2022-2023 and 2023-2024,Section 6,Page 96)
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
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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 ............................................................................... 22
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 24
SECTION – 23 NOTICES ....................................................................................... 24
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. FR2-0018R
ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2
THIS AGREEMENT is made and entered into, to be effective, this July 27, 2022, by and
between Garney Pacific, Inc., hereinafter referred to as “CONTRACTOR” and the Orange
County Sanitation District, hereinafter referred to as “OC SAN”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OC SAN and CONTRACTOR agree as follows:
SECTION – 1 GENERAL
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OC SAN. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions, “Definitions”.
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 2 of 26
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. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R
ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R
ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OC SAN, unless otherwise specified therein and shall
diligently prosecute the Work to completion within six hundred (600) 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
the various portions of the Work shall be installed or the priority of the work of subcontractors,
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 6 of 26
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 Five Million Ninety One Thousand Six
Hundred Eighty-Six Dollars ($5,091,686) 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
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 11 of 26
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: Four Million Dollars ($4,000,000) per occurrence and a general
aggregate limit of Eight Million Dollars ($8,000,000) 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 Four Million Dollars
($4,000,000) per occurrence and a general aggregate limit of Eight Million
Dollars ($8,000,000) 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.
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 One Million
Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
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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.
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
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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).
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.
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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
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
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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.
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.
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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”.
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
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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;
or (2) one year after acceptance by OC SAN of the corrected Work. The Performance Bond
and the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OC SAN may have against the CONTRACTOR
for faulty materials, equipment or Work.
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SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OC SAN unless such assignment has had prior
written approval and consent of OC SAN and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OC SAN and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OC SAN, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OC SAN: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
C-CA-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 25 of 26
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376
Copy to: Bill E. Williams, President Garney Pacific, Inc. 324 E. 11th Street, Suite E2 Tracy, CA 95376
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Garney Pacific, Inc.
324 E. 11th Street, Suite E2
Tracy, CA 95376
By______________________________ Date _________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 999415 (Expiration Date 12/31/2022)
OC SAN: Orange County Sanitation District
By______________________________ Date _________________ Chad P. Wanke 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.
C-EXA-062221 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Garney Pacific, Inc. BF-14 SCHEDULE OF PRICES, Pages 1 – 2
BF-14 SCHEDULE OF PRICES C-BF-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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 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.
Garney Pacific, Inc.
BF-14 SCHEDULE OF PRICES C-BF-010422 PROJECT NO. FR2-0018R ACTIVATED SLUDGE CLARIFIER REPAIRS AT PLANT NO. 2 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 Approx Qty Unit Price Extended Price
1. Mobilization as described in Section 01115, Mobilization, Section 01155, Measurement and Payment, and in conformance with the Contract Documents for the lump sum price of … Lump Sum = $193,000.00
2. Concrete Repair as described in Division 01, Section 01110, Summary of Work, Section 01155, Measurement and Payment, and in conformance with
the Contract Documents for the unit price of …
2.A Repair under Walkways and Slabs (t = 2-inch) Square Feet 24 x $ = $
2.B Repair on Vertical Walls (t = 2-inch) Square Feet 24 x $ = $
2.C Repair on Floor Slabs (t = 2-inch) Square Feet 24 x $ = $
2.D Repair on Vertical Walls behind equipment (t = 1-inch) Square Feet 50 x $ = $
3. Mechanism Materials as described in Section 01155, Measurement and Payment, Section 15710, Chain-and-Flight Clarifier Equipment, and in conformance with the Contract Documents for the lump sum price of … Lump Sum = $
4. Mechanism Installation and Other Work: All other portions of the Work set forth in the Contract Documents except for the Work performed in Items No. 1 through 3 inclusive, and Item 5 inclusive, as described in Division 01,
Section 01155, Measurement and Payment, and in conformance with the Contract Documents for the lump sum price of …
Lump Sum = $
5. Permits: Allowance for permits, County of Orange inspection, and other fees and charges required to complete the Work, in conformance with the Contract Documents… Allowance = $30,000.00
TOTAL AMOUNT OF BID (BASIS OF AWARD) $
Garney Pacific, Inc.
6/29/2022
1
Activated Sludge Clarifier Repairs
at Plant No. 2
Project No. FR2‐0018R
Presented by:
Eros Yong
Engineering
Manager
Operations
Committee
July 6, 2022
Project Location –Plant No. 2
Ellis Ave
Bu
s
h
a
r
d
St
Project Site
A
C
D
F
G
J
L
B
E
H
I
K
Out of service ‐
substantial repairs
needed
FR2‐0018
1
2
6/29/2022
2
3
Chain and Flight in Action
Scum
Sludge
Replacement of Sludge Collection Mechanisms
4
• Collector mechanisms are at the end of their useful life
in all 6 basins
• 3 basins out of service due to total failures
3
4
6/29/2022
3
5
Bidder Amount of Bid
Engineer’s Estimate $4,836,000
Garney Pacific, Inc.$5,091,686
J.R. Filanc Construction Co. Inc.$5,119,910
W.M. Lyles Co.$5,149,000
Abhe & Svoboda, Inc.$5,233,609
Mehta Mechanical Co, Inc. dba MMC Inc. $5,537,881
Metro Builders & Engineers Group, Ltd. $5,885,525
Myers & Sons Construction, LLC $5,916,000
Shimmick Construction Company, Inc. $6,147,043
FR2‐0018R Bid Results
6
Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and
Recommendation for Activated Sludge Clarifier
Repairs at Plant No. 2, Project No. FR2-0018R;
B. Award a Construction Contract to Garney
Pacific, Inc. for Activated Sludge Clarifier
Repairs at Plant No. 2, Project No. FR2-0018R
for an amount of $5,091,686; and
C. Approve a contingency of $509,169 (10%).
Recommendation
5
6
* .....__ ______ __.
l
6/29/2022
4
Questions
?
7
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2402 Agenda Date:7/6/2022 Agenda Item No:7.
FROM:James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
BIOSOLIDS MANAGEMENT CONTRACT AWARD RECOMMENDATION - TULE RANCH
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a contract to Tule Ranch to manage the Orange County Sanitation District’s biosolids
from Reclamation Plant No. 1 and Treatment Plant No. 2 for land application and/or landfill
disposal (Specification No. S-2022-1296BD), for the period commencing on November 1,
2022 through October 31, 2027, at the unit price of $64.00 per ton for land application, plus a
monthly fuel surcharge, and annual CPI (consumer price index) adjustment for a total annual
amount not to exceed $8,520,687;
B. Approve five one-year renewal options for a total annual amount not to exceed $8,520,687;
C. Approve an annual 10% contingency of $852,069; and
D. Approve the addition of this new contract to the Biosolids Account Pool effective November 1,
2022.
BACKGROUND
The Orange County Sanitation District (OC San) continues to actively pursue biosolids management
options to maintain a long-term, sustainable program that promotes beneficial use of biosolids. In
accordance with the principles of its biosolids management policy (Resolution No. OCSD 13-03), OC
San maintains a diverse portfolio of biosolids management options that utilize multiple contractors,
facilities, and biosolids product markets, while maintaining fail-safe, back-up options.
OC San currently has one land application contract that is managing approximately 30% of its
biosolids on a routine basis and serves as a fail-safe contingency option (lime stabilization and
landfill) to manage up to 100% of OC San’s biosolids in case of emergencies. The remaining 70% of
routine biosolids management is accomplished through a combination of composting contracts and
the demonstration Rialto Bioenergy Facility, which is drying OC San’s biosolids and installing
pyrolysis to create biochar.
To replace the abovementioned contract that is expiring on October 31, 2022, OC San issued a
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2402 Agenda Date:7/6/2022 Agenda Item No:7.
To replace the abovementioned contract that is expiring on October 31,2022,OC San issued a
Request for Proposal (RFP)in February 2022.The RFP was for land application management for up
to about 170 ton per day (tpd)of biosolids plus a fail-safe management capacity of 100%of OC
San’s biosolids to ensure reliability (up to 530 tpd to land application,lime stabilization,composting,
and/or landfill).
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents (Strategic Plan,Biosolids
Master Plan)
·Safe, beneficial reuse of Biosolids
·Comply with environmental permit requirements
·24/7/365 treatment plant reliability
PROBLEM
OC San’s current land application contract is expiring on October 31,2022,and a replacement
contract is needed to routinely manage approximately 30%of biosolids and to provide fail-safe
capacity (including landfill) for up to 100% of OC San’s biosolids in case of emergency.
PROPOSED SOLUTION
Award the contract to ensure OC San maintains a diverse portfolio with an out-of-state (i.e.,Arizona)
option to ensure diversity of geographic location,transportation route alternatives,management
technology (land application),market (feed and fiber crops),and maintain a fail-safe capacity that can
manage up to 100% of OC San’s biosolids.
TIMING CONCERNS
OC San will need the contract awarded,signed,and insurance processed before the October 31,
2022 expiration date to ensure a smooth transition between contracts,including maintaining fail-safe
capacity for 100% of OC San’s biosolids.
If the contract is not awarded,OC San’s remaining option would be composting,which has significant
regulatory restrictions and high demand for capacity.It would be difficult for OC San to switch the
30% land application biosolids loads to compost.
RAMIFICATIONS OF NOT TAKING ACTION
OC San has relied upon land application since the 1990s as a foundational part of the biosolids
program because of the diversity,flexibility,beneficial reuse,and fail-safe reliability that it offers.If
the land application contract is not awarded,OC San will be relying solely on compost and bioenergy
facilities to manage biosolids.Because these facilities utilize more complex technologies,their
permits are more restrictive with respect to daily loads allowed, allowable onsite storage, etc.
In contrast,Tule Ranch has 6,300 acres permitted for land application and the state of Arizona allows
biosolids to be stored for up to two-years,which provides OC San with reliability and flexibility.Tule
Ranch also offers accommodations for 100%of OC San’s biosolids to be managed at an Arizona
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File #:2022-2402 Agenda Date:7/6/2022 Agenda Item No:7.
Ranch also offers accommodations for 100% of OC San’s biosolids to be managed at an Arizona
landfill, in case of an emergency.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
An RFP was issued on February 8, 2022, and proposals were due on May 12, 2022. OC San
received one responsive proposal. A total of 20 companies or interested parties downloaded the
solicitation documents for this RFP. Staff issued a post-bid survey and reached out to each of the
companies that did not submit a bid. No responses were received.
An evaluation team was formed consisting of OC San staff and the team was chaired by a
Purchasing representative as a non-voting member. Members of the team performed an
independent review of the proposals and later met as a group with the Purchasing representative.
Proposals were evaluated based on the following criteria:
CRITERIA WEIGHT
Qualifications & Experience of Firm 20%
Proposed Staffing & Project Organization 20%
Work Plan 35%
Cost 25%
The evaluation team first reviewed and scored the proposal based on all criteria listed above except
cost. Since there were no other proposers, Tule Ranch was awarded full points for cost.
Rank Proposer Criterion 1
(Max 20%)
Criterion 2
(Max 20%)
Criterion 3
(Max 35%)
Criterion 4
(Max 25%)
Total Score
(Max 100%)
1 Tule Ranch 17%16%27%25%85%
Based on the resulting score, and long, positive performance history of Tule Ranch, staff feel
confident in the recommendation to award this contract to Tule Ranch, the current land application
contractor.
The contract award total ($8,520,687 plus $852,069 contingency) includes two aspects. First, an
annual routine management cost (170 tpd at $64/ton plus fuel cost) at $4,734,939 plus a 10%
contingency of $473,494 to cover consumer price index (CPI) changes. Second, the net difference to
cover the Biosolids program-wide out-of-state fail-safe, worst-case scenario management of 100% of
OC San’s biosolids at $3,785,748 plus a 10% contingency of $378,575 to cover consumer price
index (CPI) changes.\
Tule Ranch has been a long-standing, reliable, flexible, and strong performing biosolids management
contractor. Diversification with an out-of-state option such as Tule Ranch has proven valuable over
the years. As an example, during the pandemic-triggered biosolids hauler shortage, Tule Ranch’s
pool of Arizona-based drivers were instrumental in transporting OC San’s biosolids and prevented
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I I
File #:2022-2402 Agenda Date:7/6/2022 Agenda Item No:7.
pool of Arizona-based drivers were instrumental in transporting OC San’s biosolids and prevented
excessive accumulation at the treatment plants.In contrast,the driver shortage caused several other
Southern California wastewater agencies to experience significant onsite emergency biosolids
storage which is generally considered undesirable by the surrounding communities.
CEQA
The project is within the scope of OC San’s Biosolids Mater Plan EIR (Orange County Sanitation
District Biosolids Master Plan Project No.PS15-01,State Clearinghouse Number 2017071026,
certified June 27,2018).There is no change to the current operation or management of biosolids
proposed by the awarding of this contract.Therefore,no additional analysis is required.(Public
Resources Code § 21166; CEQA Guidelines §§ 15168, 15162.)
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted.(Budget Update Fiscal Year 2022-23,Pages 28 and 45).Project contingency funds will
not be used for this contract.
Date of Approval Contract Amount Contingency
07/27/2022 $8,520,687 $852,069 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Contract
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Orange County Sanitation District 1 of 10 Specification No. S-2022-1296BD Revision 013122
GENERAL SERVICES CONTRACT Biosolids Direct Land Application Services Specification No. S-2022-1296BD
This SERVICE 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, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708, (hereinafter referred to as “OC San”) and _____________________, with a principal place of business at _____________________, (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 to obtain Biosolids Direct Land Application Services 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 ____________________, 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” – Proposal
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.
Orange County Sanitation District 2 of 10 Specification No. S-2022-1296BD Revision 013122
1.5 The term “hours,” when used in this Contract, shall be as specified in Exhibit “A.”
1.6 The term “days,” when used in the Contract or Exhibit “A,” shall mean calendar days, unless otherwise noted as business days.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The 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 Familiarity with Work. By executing this Contract, Contractor warrants that: (a) it has investigated the work to be performed; (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. 2.4 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 five (5) years commencing on November 1, 2022 and continuing through October 31, 2027.
3.2 Renewals. At its sole discretion, OC San may exercise the option to renew this Contract for up to five (5) one-year periods. This Contract may be renewed by an OC San Purchase Order.
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 _________________ Dollars ($___________.00). 4.2 Contractor shall provide OC San with all required premiums and/or overtime work at no charge beyond the price provided above.
Orange County Sanitation District 3 of 10 Specification No. S-2022-1296BD Revision 013122
5. Payments and Invoicing.
5.1 OC San shall pay itemized invoices for work completed in accordance with Exhibit “A” 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 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 time 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
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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 any of 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 and its subcontractors, by accepting this contract, certify 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.”
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.
Orange County Sanitation District 5 of 10 Specification No. S-2022-1296BD Revision 013122
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, 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 immediately upon written notice from OC
Orange County Sanitation District 6 of 10 Specification No. S-2022-1296BD Revision 013122
San, and with well qualified, adequately insured, and experienced legal counsel acceptable to
OC San. 14. Independent Contractor. The legal relationship between the Parties hereto is that of an
independent contractor and nothing herein shall be deemed to make Contractor an OC San employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San’s officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no rights to any benefits which accrue to OC San’s employees. 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. 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.
17. Third Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor.
18. Applicable Laws and Regulations. Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless
from any and all damages and liabilities assessed against OC San as a result of Contractor’s noncompliance therewith. Any 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. 19. 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. 20. Regulatory Requirements. Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and Water Codes Division 2.
21. Environmental Compliance. Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the
Contractor, its subcontractors, and the Services, including, but not limited to, all applicable Federal, State, and local air pollution control laws and regulations. 22. 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 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.
Orange County Sanitation District 7 of 10 Specification No. S-2022-1296BD Revision 013122
23. Warranties - In addition to the warranties stated in Exhibit “A,” the following shall apply:
23.1 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.
23.2 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. 24. Dispute Resolution.
24.1 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.
24.2 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. 25. Liquidated Damages. Not-Used
26. 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. 27. 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.
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28. Termination. 28.1 OC San reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OC San of its intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OC San shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) 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. 28.2 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.
28.3 OC San may also immediately cancel 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. 28.4 All OC San’s property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever
occurs first. 29. Attorney’s Fees. If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which the prevailing party may be
entitled. 30. 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. 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,
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shall not be affected thereby, unless the effect of such invalidity shall be to substantially
frustrate the expectations of the Parties. 33. Survival. The provisions of this Contract dealing with payment, warranty, indemnity, and forum
for enforcement shall survive termination or expiration 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: Jackie Lagade
Principal Buyer Orange County Sanitation District 10844 Ellis Avenue
Fountain Valley, CA 92708 jlagade@ocsan.gov Contractor: ______________________ [Contact Name] ______________________ [Contact Title]
______________________ [Company Name] ______________________ [Street Address] ______________________ [City, State, Zip Code] ______________________ [Email Address] 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. [Intentionally left blank. Signatures follow on next page.]
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IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by their duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ Chad P. Wanke Chair, Board of Directors
Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________
Ruth Zintzun Purchasing & Contracts Manager
[CONTRACTOR]
Dated: _________________ By: ___________________________________ ______________________________________ Print Name and Title of Officer
WC
EXHIBIT A Specification No. S-2022-1296BD
EXHIBIT A SCOPE OF WORK
For Biosolids Direct Land Application
EXHIBIT A 1 of 16 Specification No. S-2022-1296BD
EXHIBIT A SCOPE OF WORK BIOSOLIDS DIRECT LAND APPLICATION SPECIFICATION NO. S-2022-1296BD
1 BACKGROUND
The Orange County Sanitation District (OC San) is a wastewater treatment agency that operates and maintains major sewer interceptors and two facilities, Reclamation Plant No. 1 (Plant No. 1)
located at 10844 Ellis Avenue, Fountain Valley and Treatment Plant No. 2 (Plant No. 2) located at 22212 Brookhurst Street, Huntington Beach, California. Solids collected in the primary and secondary settling basins during the liquid phases of the process are pumped to anaerobic digesters for organic waste stabilization and pathogen destruction occurs at elevated temperatures which creates biosolids. The solids are dewatered to produce up to an average of 530 tons per day (tpd) of biosolids that are then beneficially reused via composting, direct farmland application, and bioenergy. OC San requires the Contractor to manage the biosolids from OC San’s Reclamation Plant No. 1 and Treatment Plant No. 2 via direct land application at approved site(s) and/or at other mutually agreed upon location(s) for the beneficial reuse of biosolids. The Contractor’s responsibilities
include, but are not limited to, material profiling, permitting, siting, operating, hauling, and marketing crops. In addition, the Contractor shall comply with all federal, state, and local regulations, including recordkeeping, reporting, and conformance with OC San’s Biosolids
Contractor Requirements. In addition, the Contractor shall have site capacity for 100% (up to 530 tpd) of OC San’s average production. OC San Board Resolution 13-03 (2013): In 2013, OC San’s Board of Directors adopted a Resolution that reaffirmed their support for the beneficial reuse of biosolids through the use of diverse management options, including biosolids land application, composting, and bioenergy options. 2017 Biosolids Master Plan: In May 2017, OC San published its Biosolids Master Plan, which provided guidance for management of biosolids over the next decade. The Master Plan reaffirmed the biosolids management strategies already in place (see Ten Tenets on www.ocsan.gov/bpten), including diversification of management options with no more than 50% of OC San’s biosolids to any one contractor or end use market, and maintaining at least three different biosolids management locations and two different management practices. In order to maintain diverse options, the Tenets’ principles therefore preclude composting as a qualifying management option for this Contract. This Contract shall not cause a nonconformance with any of the Tenets.
2021 Strategic Plan, Biosolids Management Policy Statement: The 2021 Strategic Plan (Plan) developed by the Board of Directors and staff defines the strategic initiatives to be pursued by OC San and provides a basis for long-term financial, capital, and operational planning. In addition, it
provides for long-term continuity of vision as Board and staff members change over the many years it takes to deliver public works infrastructure. The 2021 updated Plan includes a new Environmental Stewardship level of service to beneficially reuse 100% of OC San’s biosolids
during normal operations. In addition, the Plan also contains an updated Biosolids Management Policy Statement that includes proceeding with the implementation of new thermophilic biosolids facilities at Plant No. 2 to improve OC San’s operational resiliency against seismic events while enhancing biosolids quality and marketability, continuing to explore biosolids thermal conversion technology for energy generation and destruction of persistent contaminants, engaging with local, state, and federal agencies to ensure that biosolids will continue to be safely and legally used as a soil amendment, and staying abreast of new biosolids management options, technologies, and biosolids recycling and renewable energy partnerships in Southern California, with special emphasis on technologies that address the removal, sequestration, and destruction of contaminants of emerging concern.
EXHIBIT A 2 of 16 Specification No. S-2022-1296BD
2 DEFINITIONS
2.1 Average Daily Biosolids Production – defined as up to 530 tpd assuming a 7-day average. OC San’s maximum daily biosolids hauling is about 750 tpd.
2.2 Biosolids – treated, non-hazardous solids from the wastewater treatment process that contain organic matter, plant nutrients such as nitrogen and phosphorus, and low levels of metals and pathogenic organisms. OC San’s biosolids are certified and comply with the 40 Code of Federal Regulations (CFR) Part 503 (Class B). OC San biosolids are dewatered using centrifuges to about 23-25% total solids at Plant No. 1 and 27-28% total solids at Plant No. 2. OC San biosolids are loaded onto Contractor’s trucks at Plant No. 1 and Plant No. 2 truck loading and scale out facilities and delivered by the Contractor to the end use facility site for processing. Grit and
screenings removed during wastewater treatment process shall not constitute biosolids.
2.3 Biosolids Contractor Requirements (BCR) – A periodically-updated document that explains OC San requirements as well as other resources for Contractors. Contractor shall conform
to the latest published version of BCR (www.ocsan.gov/bcr) (Appendix A), as specified in Section 4.
2.4 Biosolids Management System (BMS) – OC San manages our biosolids using an Internal
Standard based on ISO14001 and the National Biosolids Partnership standard. See Appendix A for information related to how this system impacts Contractor as well as what specifically is required.
2.5 Contractor - shall mean the party awarded the Contract for services under this Contract.
2.6 Direct Land Application – Biosolids management process of directly applying biosolids to a farm field. Pre-treatment via compost is not considered direct land application, but it is an acceptable fail-safe back-up option.
2.7 Fail-safe Back-up Biosolids Management Options: Contractor shall have fail-safe back-up and/or alternative options, such as lime stabilization, landfill, and/or composting, at the ready in the case that OC San has a process disruption and produces sub-Class B biosolids or otherwise requires use of an alternative to the usual direct land application sites. See Cost
Matrix form, Table 2.
2.8 Fail-safe Site Capacity – Contractor shall have site capacity to manage up to 100% of OC San’s biosolids average daily production (530 tpd).
2.9 Fail-safe Hauling Capacity – Contractor shall have a plan and be prepared to provide hauling for up to 100% of OC San’s biosolids average daily production (530 tpd). See Cost Matrix form, Table 1.
2.10 Maintenance Shutdown – A shutdown restricting the processing of biosolids and/or limiting or restricting the throughput of biosolids.
2.11 No Guaranteed Minimum Volume – Shall mean no minimum amount of biosolids are guaranteed to Contractor.
2.12 OC San – Shall mean the Orange County Sanitation District
2.13 OC San Project Manager – Shall mean the OC San employee who is the main point of contact for all issues related to this Contract.
2.14 Ownership of Biosolids – Shall mean once biosolids are loaded into the Contractor’s truck, responsibility and ownership of the biosolids are deemed to have transferred from OC San to the Contractor. However, OC San maintains strict oversight of these biosolids throughout the final use process including coordination on compliance reporting, reporting incidents during transportation, site inspections, and final product distribution.
EXHIBIT A 3 of 16 Specification No. S-2022-1296BD
2.15 Qualifying Management Practice - To maintain diverse options, OC San has Ten Tenets (www.ocsan.gov/bpten) that limit biosolids allocations to 50% by contractor and geographic end use market, as well as requiring diversity of management facilities and practices. For the purposes of this Contract, only direct land application is considered a qualifying management practice. Composting, landfilling, and other practices qualify as failsafe back-ups for this Contract and will not be considered if submitted as the primary practice for this Contract. The award of this Contract shall not cause a non-conformance of any of the Tenets.
2.16 Routine Hauling Capacity - Contractor shall maintain hauling capacity to manage at least 20% greater than the 6-day average daily tons managed based on the weekly schedule (average tons or trucks per week hauled divided by number of days hauled).
2.17 Subcontractor – shall mean the party designated by the Contractor and approved by OC
San for part of this Scope of Work. See Section 3.9 for requirements.
2.18 TPD (tpd) - shall mean wet tons per day where a ton is a measurement by weight of 2,000 pounds of dewatered biosolids. Typical trailers haul an average of about 25 tons of
biosolids. Tons per day references throughout this Contract are based on a weekly average (weekly
tonnage divided by seven days). OC San’s loading facilities are open six (6) days per week, and daily scheduled trucks vary based on operational needs. Therefore, actual daily tonnages hauled are higher than the average weekly calculations. This Contract anticipates up to approximately 50 trucks per week (about 8 – 10 trucks per day over a 6-day week ) and up to 12 trucks per day (300 tpd).
3 DESCRIPTION OF WORK
3.1 General The Contractor shall agree to accept delivery of, transport, and directly land apply OC San’s biosolids at permitted and approved sites in quantities determined and directed by OC San
(up to about 170 tpd). The Contractor is responsible for taking all required steps to provide this service, which may include, but is not limited to, material profiling, permitting, hauling, managing, and marketing/selling crops, while also meeting compliance with federal, state, and local regulations, including recordkeeping, reporting, and conforming to OC San’s BCR (Appendix A).
OC San’s facilities are almost entirely built-out with no available room for additional onsite facilities or equipment. Therefore, Contractor shall only provide off-site biosolids direct land application management services. OC San is seeking a direct land application management option that is anticipated to be implemented on November 1, 2022. In doing so, it is OC San’s responsibility to provide biosolids to the qualified Contractor that meet the following specifications:
3.2 Biosolids Specifications
• Biosolids cake dryness – 18%-32%.
• Biosolids quality – Pollutant levels below Table 1 and Table 3 in 40 CFR Part 503.13.
• OC San typically meets Class B pathogen reduction requirements as defined in 40 CFR Part 503.32.
EXHIBIT A 4 of 16 Specification No. S-2022-1296BD
However, the Contractor shall have the required permits and approval to manage sub-Class B biosolids at an approved designated facility.
3.3 Biosolids Qualities
3.3.1 Biosolids quality includes cake dryness, nutrient content, concentration of metals, and other regulated contaminants.
3.3.2 OC San currently produces an average of up to 530 tpd at about 23%-24% total solids at Plant No. 1 and 27%-28% total solids at Plant No. 2.
3.3.3 OC San biosolids are below the pollutant levels of Tables 1 and 3 of 40 CFR Part 503.13.
3.3.4 More detail on the biosolids quality may be found in the OC San Biosolids Management Compliance Report, 40 CFR Part 503, current year published at
www.ocsan.gov/503 with an excerpt included in Appendix A. The data are for informational purposes only and indicate historical quality and not a guarantee of future quality.
3.4 Biosolids Allocation
3.4.1 This Contract anticipates rendering up to approximately 50 trucks per week (about 170 tpd) and up to 12 trucks per day (300 tpd).
3.4.2 There is no guaranteed minimum tonnage to the Contractor. 3.4.3 The allocation of additional biosolids will be at the discretion of OC San, based on the biosolids volume produced at its facilities and operational requirements and conditions. 3.4.4 Operational considerations including construction, maintenance, shutdowns, etc. may impact biosolids load allocations. 3.5 Location – OC San requires the land application sites to be within three hundred (<300)
miles of OC San Plant No. 1 in Fountain Valley.
3.6 Capacity for 100% of OC San’s Average Daily Biosolids Production
3.6.1 The 2017 OC San Biosolids Management Plan’s Ten Tenets set a guidance to
maintain 200% fail-safe site capacity.
3.6.2 OC San utilizes land application as a fail-safe capacity option in case of unforeseen circumstances.
3.6.3 In accordance with the Ten Tenets, the Contractor shall maintain land application capacity for at least 100% of OC San’s average daily biosolids production (530 tpd).
3.6.4 The Contractor shall be responsible for subcontracting, or otherwise addressing, any shortage in hauling capacity if the need arises to ship 100% of OC San’s biosolids to land application or any failsafe options below (see Cost Matrix form, Table 1).
3.7 Hauling Capacity of at least 20% greater than the 6-day average daily tons.
3.7.1 The 2017 OC San Biosolids Management Plan’s Ten Tenets set a guidance to maintain 20% fail-safe hauling capacity. As much as OC San tries to keep a
EXHIBIT A 5 of 16 Specification No. S-2022-1296BD
steady weekly schedule as possible, the treatment processes and related projects cause week to week variations. OC San requires flexible and reliable transportation of biosolids to reflect these fluctuations.
3.7.2 In accordance with the Ten Tenets, the Contractor shall maintain at least 20% additional hauling capacity in addition to the 6-day average daily tons.
3.7.3 Lack of availability of needed trucks shall constitute a performance issue (see Contractor Performance section).
3.8 Fail-safe Back-up Management Options
3.8.1 The Contractor shall have fail-safe capacity for at least 100% of OC San’s average daily biosolids production with any combination of the following beneficial reuse or disposal locations:
3.8.1.1 Landfill
3.8.1.2 Compost
3.8.1.3 Lime stabilization, and/or
3.8.1.4 Other 40 CFR Part 503 biosolids management methods which need prior
approval by OC San
3.8.2 See Cost Matrix form, Table 2.
3.8.3 The Contractor shall be responsible for subcontracting or otherwise addressing
any shortage in hauling capacity if the need arises to ship 100% of OC San’s biosolids to land application or any failsafe options above (see Cost Matrix form, Table 2).
3.9 Subcontractor(s)
3 3.9.1 Contractor may subcontract portions of the Contract. Subcontractors are subject to all the requirements of the Contract. Contractor is responsible for ensuring that the Subcontractor(s) comply with all Contract requirements.
3.9.2 Contractor shall provide a written request to OC San for approval in order to add a Subcontractor to the approved list of substitutes.
3.9.3 Contractor shall obtain written approval from OC San’s Project Manager at least
30 days prior to the substitution of an approved Subcontractor.
3.9.4 Contractor’s Subcontractor shall meet all of OC San’s requirements, responsibility, and accountability measures contained herein.
3.9.5 The Contractor is accountable and responsible to ensure that its Subcontractor(s) meet applicable OC San requirements including, but not limited to, providing suitable staff, training, equipment, resources to perform the scope of work,
required insurance, and conformance with OC San’s BCR (see Appendix A).
3.9.6 The cost for Subcontractor(s) shall be included in Contractor’s cost.
3.10 Hauling, Scheduling, Storage, and Contingencies
3.10.1 The Contractor shall be responsible for ensuring drivers and hauling companies comply, as required, with all State of California and federal standards and requirements for Motor Carriers, including the California Vehicle Code and the Department of Transportation (DOT) Federal Motor Carrier Safety Administration standards and requirements. State of California and DOT requirements may include, but are not limited to, the following:
EXHIBIT A 6 of 16 Specification No. S-2022-1296BD
• California Vehicle Code §658.17 Weight limits
• DOT §393.95 Emergency equipment on all power units
• DOT §395.3 Maximum driving time for property-carrying vehicles
3.10.2 Any federal, state, or local fees related to hauling, such as road use fees, toll fees, and any fines incurred by hauling operations as well as costs associated with releases shall be the responsibility of the Contractor.
3.10.3 In addition to the summary of key requirements contained in this section, the Contractor shall comply with all requirements contained in the BCR (Appendix A), including the submittal and maintenance of a “Biosolids Management Plan” and
“Biosolids Hauling Plan” and the submittal of the Training Checklist that ensures the Contractor’s dispatcher has trained staff on OC San requirements (see Section 4 Deliverables). The Contractor shall periodically (or upon request by OC San) review, update, and re-submit the Plans with any changes to OC San.
3.10.4 Contractor shall haul biosolids from either of OC San’s two (2) plants to approved sites as directed by OC San’s weekly schedule. Contractor shall conform to this schedule.
3.10.5 Contractor shall bill OC San based on OC San’s scale-based weight tickets (not weight at destination facility). Contractor shall maintain and record truckload weight tickets.
3.10.6 Current loading windows are generally limited to Monday – Friday but are subject to
change based on operational needs and biosolids availability (see Appendix A, Section B1).
3.10.7 OC San will consider Contractor’s needs in setting loading times and schedules;
however, operational logistics and plants’ considerations determine the final schedule. Wait times at the plants prior to loading average about 15 to 30 minutes, but at peak times can be as much as one (1) hour. Loading times also vary,
averaging about 15-30 minutes.
3.10.8 Once biosolids are loaded into the Contractor’s truck, responsibility and ownership of the biosolids are deemed to have transferred from OC San to the Contractor. However, OC San maintains strict oversight of these biosolids throughout the final use process including coordination of reporting incidents during transportation and final product distribution.
3.10.9 OC San has limited storage capacity. Contractor shall provide facilities, hauling, equipment, and any other means necessary to ensure its ability to manage and store biosolids produced by OC San during inclement weather.
3.10.10 The Contractor shall comply with the following requirements contained in OC San’s NPDES permit:
3.10.10.1 All trucks hauling biosolids that are not Class A, as defined at 40 CFR 503.32(a), shall be cleaned as necessary after loading and after unloading, so as to have no biosolids on the exterior of the truck or
wheels.
3.10.10.2 Trucks used to haul Class B biosolids shall not be used to haul animal feed or food on the return trip, unless approved by USEPA after a
demonstration of the truck cleaning methods at the unloading site has been made.
3.10.10.3 Haulers transporting biosolids off site for further treatment, storage, use, or disposal shall take all necessary measures to keep the biosolids contained. Haulers shall adhere to OC San’s spill clean-up plan. OC San is required to report any spills to USEPA and State agency in which
EXHIBIT A 7 of 16 Specification No. S-2022-1296BD
the spill occurred. 3.10.10.4 If biosolids were land applied, the Discharger [OC San] shall have the person applying the biosolids submit a pdf report to USEPA and State agency showing the name of each field; location, ownership, size in acres; the dates of applications, seedings, harvesting; the tonnage applied to field, in actual and dry weight; the calculated Plant Available Nitrogen; and copies of applier’s certifications of management practices and site restrictions. 3.10.10.5 If biosolids are stored for over two (2) years from the time they are generated by the Discharger or its contractor, the Discharger must
submit a written notification to USEPA with the information in 40 CFR § 503.20(b), demonstrating the need for longer temporary storage.
3.10.10.6 Any biosolids treatment, disposal, or storage site shall have facilities adequate to divert surface runoff from adjacent areas, to protect the site boundaries from erosion, and to prevent any conditions that would
cause drainage from the materials in the site to escape from the site. Adequate protection is defined as protection from at least a 100-year storm and from the highest tidal stage that may occur. 3.11 Loading, Drivers, and Trailers
3.11.1 OC San reserves the right to reject loads (no make-up) or write-up the driver or trailer if any contractual requirements or BCR (Appendix A) are not met. See Section 3.19.
3.11.2 The Contractor shall be responsible for all transportation equipment. OC San reserves the right to inspect any of the Contractor’s equipment to verify conformance with all requirements within these specifications and reject loads if
equipment does not meet specifications.
3.11.3 Contractor shall provide adequate training to drivers, dispatchers, and other key staff on biosolids characteristics and emergency response procedures, including
providing simple procedures written in the appropriate language format (such as English and Spanish).
3.11.4 Contractor’s drivers shall conduct themselves in a professional and courteous
manner. OC San reserves the right to ban drivers from OC San facilities for any reason.
3.11.5 Dispatchers shall relay shutdown, operational, training, and other communications from OC San to drivers promptly, in a format that can be easily understood by drivers, and document communications and trainings including the use of sign-in sheets.
3.11.6 Trailers are subject to inspection by OC San prior to commencement of work. Any exceptions to requirements must be requested in writing and approved by OC San staff.
3.11.7 Contractor shall conform to OC San Safety Equipment Requirements and Pre-Loading Inspection Requirements (see Appendix A).
3.11.8 Contractor’s drivers shall carry a copy of the OC San’s “Hauling Biosolids” laminated cards (Appendix A). Drivers shall understand and abide by all information contained in it, be familiar with Biosolids, and provide this informational
booklet to onsite emergency responders if an incident occurs during transportation,
EXHIBIT A 8 of 16 Specification No. S-2022-1296BD
especially to communicate that Biosolids are non-hazardous. Laminated cards are available to drivers at OC San’s truck loading facilities.
3.11.9 OC San requires the Contractor’s participation in our commitment to being a good neighbor and preventing/minimizing noise and odors. Refer to Appendix A for all requirements.
3.11.9.1 OC San requires that Contractor’s drivers travel with tarps secured at all times to minimize odors.
3.11.9.2 Contractor is responsible to provide drivers access to facilities necessary to ensure trucks are clean. OC San will not provide a truck washing facility.
3.11.9.3 No jake-breaking or other noise nuisance between 7pm and 7am.
3.11.9.4 Contractor shall utilize staging areas and trucking route(s) with least
impact to sensitive receptors within the public. The route(s), staging areas, and contingency routes in case of closures shall be included in the Hauling Plan submittal.
3.11.10 Trailers shall be capable of receiving biosolids from an overhead hopper loading system (See Appendix A).
3.11.11 OC San’s loading facilities are capable of accommodating trailers that are up to 60
ft in length, 8 ft in width, and 10 ft in height. Truck and trailer height/clearance must be less than 12 ft. Trailers must be able to load and haul a minimum of 20 tons of biosolids.
3.11.12 Trailers shall have tall sides (about 8 ft high) so as to allow the driver to tarp the truck inside the loading facility, with the doors closed and without having to adjust the load since the biosolids may initially pile high in one area.
3.11.13 Trailers shall be equipped with an automatic tarping mechanism that allows the driver to tarp the truck inside the truck loading facility before the odor-control doors are opened. The tarping mechanism must be able to tarp the truck within the loading facilities’ maximum clearance height of twelve (12) feet. Drivers will be allowed to exit the cab of the truck for tarping once the OC San Operator signals
the all-clear after biosolids have completed loading.
3.11.14 Trailers shall be watertight.
3.11.15 Trailers shall have baffles or splashguards 18-24 inches on front, which must be
completely welded or bolted and sealed.
3.11.16 Trailers shall be equipped with manual locking devices as to prevent releases from hydraulic system failures. See BCR (Appendix A) for examples of such manual
locking devices.
3.11.17 Trailers shall be single trailers due to OC San’s unique alignment of loading chutes at Plant No. 1 that makes it unsafe to move double trailers back and forth with the odor-control doors closed. This requirement does not apply to Plant No. 2.
3.11.18 Trailers shall be clearly marked with a unique ID, which shall be visible and distinguishable.
3.11.19 Contractor shall conform with OC San Biosolids Response & Recovery Plan (Appendix A). The Contractor shall notify OC San Control Center (714-593-7025) within 30 minutes of accidents and spills during transportation and email an incident report within 48-hours (see Section 4.6).
3.12 OC San Scale and Biosolids Tracking Systems
EXHIBIT A 9 of 16 Specification No. S-2022-1296BD
3.12.1 New Driver and New Trailer Approval forms are required for each driver and trailer in order to register them in OC San’s scale software prior to arrival at OC San.
3.12.1.1 Hauling dispatchers are required to email the form at least two (2) business days before the drivers’ or trailers’ initial visit to OC San.
3.12.1.2 Dispatchers and drivers are certifying that they understand and conform with requirements contained in the Pre-Loading Trailer Inspection Guidelines, Safety Equipment Inspection Guidelines, Biosolids Response and Recovery Procedures, OC San Hauling Biosolids laminated cards, and BCR.
3.12.2 OC San’s Biosolids Tracking System (BTS) is an online application that is used for tracking OC San’s Biosolids loads to ensure accurate compliance reporting (see Appendix A).
3.12.2.1 The Contractor shall validate bill of lading data for each ticket including the destination and net tons for each load shipped.
3.12.2.2 OC San will provide the Contractor with access to the online BTS.
3.12.2.3 The BTS initiates when a bill of lading ticket is created in OC San’s truck loading scale house.
3.12.2.4 OC San staff review and approve the tickets in the BTS, as confirmed
with field tickets and logs. Contractor shall access and update required fields including approval of weight tickets in the OC San BTS at least on a bi-weekly basis (see Appendix A).
3.12.2.5 Transaction reports can be generated by the BTS to ensure accuracy.
3.12.2.6 Invoicing shall reflect data in the BTS. Any incorrect or missing tickets will be identified during the ticket approval process. The Contractor shall communicate any ticket discrepancies as soon as possible to OC San.
3.12.2.7 These requirements transfer to any new or equivalent systems or processes implemented in the future.
3.13 Permits, Compliance, and Records
3.13.1 Contractor shall hold and maintain all valid federal, state, and local permits,
licenses, and other approved legally required documentation to process biosolids.
3.13.2 Contractor shall submit all regulatory documents as part of its Biosolids Management Plan in its Contract.
3.13.3 Renewal of these documents shall be provided to OC San upon issuance and shall be available at the site.
3.13.4 The Contractor shall demonstrate compliance with all federal, state, and local
regulatory standards (see Section. 4 Deliverables).
3.13.5 Contractor shall submit copies of ALL reports submitted by the Contractor to regulators and any other reports required by OC San in accordance with Section. 4 Deliverables.
3.13.6 Contractor shall notify OC San of any regulatory changes affecting the facility or hauling as soon as possible. The notification shall include how the changes impact the facility and the Contractor’s plan for addressing the changes. Contractor shall provide a copy of any regulatory requirement changes, reports, and correspondence as described in Section. 4 Deliverables.
EXHIBIT A 10 of 16 Specification No. S-2022-1296BD
3.13.7 The Contractor shall report any violations or investigations to the appropriate authority immediately as well as to OC San within 24-hours with a follow-up incident report as referenced in Section. 4 Deliverables
3.13.8 Contractor shall submit annual biosolids compliance data as requested for OC San’s annual biosolids compliance report and shall conform to reporting formats specified by OC San, including electronic reporting in January, for OC San to submit timely reports by the February 19th deadline. (Appendix A).
3.13.8.1 OC San reserves the right to contact the Contractor’s regulators.
3.13.9 OC San may require additional supplemental reports, data, or plans as needed.
3.13.10 OC San encourages its biosolids contractors to build strong relationships with their surrounding community. Contractor shall document and provide to OC San a report of all public participation, proactive outreach, and communication efforts as
part of its monthly report (Section 4 Deliverables). Contractor shall provide advanced notice to OC San of Contractor’s public participation efforts, such as community meetings, as required by Appendix A. Contractor shall provide OC San
with names and contact information for persons who would benefit from receiving periodic OC San stakeholder updates.
3.14 Contractor Performance
3.14.1 OC San reserves the right to withhold loads for any reason, including but not limited to:
3.14.1.1 Contractor not meeting any elements of the Scope of Work or Contract requirements.
3.14.1.2 Contractor not adequately addressing neighbor complaints, potential onsite nuisances, or any other concern documented in an inspection.
3.14.1.3 Contractor not conforming to the BCR document (Appendix A). OC San periodically updates and reissues this document to Contractor.
3.14.1.4 Contractor’s Subcontractor(s) not meeting or conforming to any one of the requirements, which are the responsibility of the Contractor to ensure conformance.
3.14.1.5 Contractor is not complying with appropriate marketing and use of the product.
3.14.2 Repeated issues with performance can be grounds for termination of the Contract.
3.15 Land Application Facility
3.15.1 The Contractor shall post at least at each beneficial site entrance the Contractor’s telephone number, answered 24 hours a day, seven days a week,
for questions or complaints. In addition, OC San encourages (but not limited to) the use of web sites, brochures, periodic public educational tours, building ongoing relationships with neighbors, regulators, and other interested parties.
3.15.2 Contractor shall not cause nuisance, including dust, odor and vectors, and visual impact at each designated site.
3.15.3 Contractor shall adequately staff and maintain biosolids management sites in accordance with all applicable federal, state, local regulations, and BCR (Appendix A).
3.15.4 Contractor shall document compliance of biosolids management sites in accordance with all applicable federal, state, and local regulations.
EXHIBIT A 11 of 16 Specification No. S-2022-1296BD
3.15.5 The Contractor shall not store biosolids from any supplier for more than one (1) day without submittal and acknowledgement of the Contractor’s corrective and preventive action plan.
3.15.6 For processes and products that are a mixture of biosolids from different sources and other additives, the Contractor shall track all OC San biosolids through processing and marketing or beneficial use. If there is a batch of product that does not meet specifications, the Contractor shall inform OC San within 24 hours (see Section 4.6). The follow-up incident report shall include corrective and preventive actions and improvements to quality control.
3.15.7 The Contractor shall develop, maintain, and conform to site-specific health and safety plan including training, reporting procedures and regular reviews and updates.
3.15.8 The Contractor shall properly manage and document hazardous wastes.
3.15.9 OC San conducts unannounced inspections to ensure Contractor is complying with contractual requirements. Contractor shall cooperate with all periodic
inspections and audits by OC San, or local, state, and federal regulators.
3.15.9.1 Inspections may include questioning and taking pictures onsite.
3.15.9.2 In response to OC San and regulatory inspection findings, the
Contractor shall provide OC San within five (5) business days a written incident report including root cause analysis, detailed corrective and preventive action plans, and pictures when appropriate.
3.15.9.3 The Contractor shall take corrective and preventive actions to address root causes of OC San findings, especially when issues could result in nuisance complaints or compliance concerns.
3.15.9.4 OC San is willing to discuss and negotiate findings with Contractor to ensure they are fair and reasonable.
3.15.9.5 The Contractor shall allow access to OC San staff for inspections and shall not unreasonably restrict access.
3.16 Marketing
3.16.1 It is the responsibility of the Contractor to develop, maintain, and implement markets of crops grown with biosolids.
3.16.2 The Contractor shall ensure that the product from the land application process
has suitable and sustainable market(s).
3.16.3 Should it appear to OC San that the Contractor is not complying with appropriate marketing and use of the product, OC San may take corrective steps, such as
reducing the tonnage sent to the facility.
3.16.4 The Contractor shall report changes to the market outlets or other market related information submitted in the marketing plan with the monthly report as detailed in Section 4 Deliverables.
3.17 Conformance with OC San’s Biosolids BMS
3.17.1 OC San’s biosolids management system includes requirements for the Contractor, most of which are incorporated into this Scope of Work and Appendix A. Additional requirements include, but are not limited to, participation in audits and corrective and preventive actions, management inspections, review meetings, and potential additional reporting requirements.
3.17.2 Changes in requirements are included in updated BCRs that are posted to www.ocsan.gov/bcr.
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3.18 Cost Adjustments
3.18.1 Due to the volatility of diesel fuel prices, OC San has issued contracts for biosolids management that include fuel adjustments that reflect the variability of diesel prices.
3.18.2 As shown on the Cost Form the fuel adjustment is based on a formula provided by OC San, which requires Contractor to provide a specific “Multiplier”. Among other variables, the multiplier typically considers distance and fuel efficiency of vehicles.
3.18.3 The Multiplier provided is multiplied by the difference in average diesel cost per gallon in the previous month in California minus $4.803, which is the base diesel fuel price per gallon in California for January 2022 (U.S. Energy Information Administration, Data 6 tab, “California No 2 Diesel Ultra Low Sulfur (0-15 ppm) Retail Prices (Dollars per Gallon)“).
3.18.4 The fuel adjustment Multiplier will be included in the evaluation of overall cost.
3.18.5 The Contractor shall include the monthly fuel adjustment (credit or debit) on the monthly invoice.
3.18.6 Because fuel comprises approximately 10% of the Consumer Price Index (CPI), the Contractor may request up to 90% of the CPI Adjustment after two (2) years from the effective date of the Notice to Proceed and annually thereafter in
accordance with Contract terms.
3.19 Back Charge:
3.19.1 Contractor shall reimburse OC San for any costs, fines, and/or corrective actions taken due to Contractor’s non-performance. This may include costs incurred by OC San due to failure of the Contractor to accept and remove the agreed upon volume of biosolids from the plants, onsite truck leaks, or due to biosolids releases (spills). OC San reserves the right to offset any funds paid out on behalf of the Contractor from invoiced amounts payable to the Contractor.
3.19.2 Contractor shall reimburse OC San for any property damage caused by Contractor or Subcontractors.
3.20 Coordination
3.20.1 Contractor shall participate in OC San-required conference calls or Microsoft Teams (or current OC San software) meetings to review performance, issues, upcoming projects, and generally ensure effective communications coordination
between OC San and Contractor at no cost to OC San. (Appendix A).
4 DELIVERABLES
4.1 The Contractor shall provide biosolids management service that requires removal or acceptance of delivery, and the transportation of biosolids from OC San’s Reclamation Plant No. 1 or Treatment Plant No. 2 or both, for quantities as determined and directed by OC San as described above.
4.2 The Contractor shall submit a Biosolids Hauling Plan and Biosolids Management Plan as part of the submittal package to demonstrate conformance with Appendix A.
4.3 The Contractor shall submit the following information to the OC San Project Manager at least 30-days prior to proceeding with the work under this Contract:
4.3.1 The Training Checklist for hauling that ensures the Contractor’s dispatcher has trained staff on OC San requirements at least 30-days prior to the commencement of work.
EXHIBIT A 13 of 16 Specification No. S-2022-1296BD
4.3.2 Names and emails for staff that will need access to OC San’s Biosolids Tracking System.
4.3.3 A list of driver names and trailer numbers that will be used to haul the material.
4.3.4 OC San New Driver and New Trailer Approval forms completed and submitted by the hauling dispatcher (Appendix A).
4.4 BCR Updates: The Contractor shall meet requirements for reporting in the current version of the BCR (Appendix A), which is updated periodically. Updated versions and requirements are posted to www.ocsan.gov/bcr and contractors are notified when updated versions are made available. The Contractor shall download and conform to future updates.
4.5 Monthly Reports: The Contractor shall meet reporting requirements in the BCR. The Contractor shall email a monthly report by the 15th of each month to the OC San Project Manager for the previous month’s activities. The monthly report shall include:
4.5.1 Statement affirming that the facility was in compliance with all regulations and requirements and explaining any exceptions with relevant back-up included.
4.5.2 A report detailing each of the land application fields, whether they were planted,
harvested, spreading biosolids, or fallow along with at least prior 12-month history. See example report in BCR (Appendix A).
4.5.3 Copies of all letters and reports submitted to regulatory agencies.
4.5.4 Copies of all regulatory inspection reports.
4.5.5 Copies of renewed or updated permits or regulatory requirements originally submitted as part of the Biosolids Management Plan.
4.5.6 Changes to the Biosolids Management Plan that was submitted as part of the original Work Plan or later revisions thereof.
4.5.7 Updated driver list (quarterly).
4.5.8 Copies of all related product testing results from certified labs.
4.5.9 Distribution to markets (volumes or tonnages to each market and the county the market is in).
4.5.10 Volumes or tonnages of any material stored onsite or within the system including how much final crop product is stored onsite.
4.5.11 Contractor shall document and provide to OC San a report of all public participation, proactive outreach, and communication.
4.6 Contractor Notifications and Incident Reports to OC San
4.6.1 In conformance with the requirements set forth above and the requirements in the BCR (Appendix A), the Contractor shall notify OC San of the following and provide a corresponding incident report within 48-hours.
4.6.1.1 Within 30 minutes of any traffic incident or biosolids released during transportation, Contractor shall notify OC San’s 24-hour Control Center (714-593-7025).
4.6.1.2 Within 24 hours of any:
4.6.1.2.1 Incident of non-compliance including notices of violation
4.6.1.2.2 Complaint received
4.6.1.2.3 Public or media questions received
4.6.1.2.4 Regulatory inspection
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4.6.1.2.5 Verbal notification from regulator that an Area of Concern, Violation, or other notice of regulatory non-compliance may be received in the future
4.6.1.2.6 Receipt of regulatory non-compliance or Areas of Concern or any other action taken by an enforcement agency regarding non-compliance with permit provisions or general applicable regulatory standards (provide OC San a copy of the regulatory document with notification)
4.6.1.2.7 Discovery of a regulatory non-compliance for which the Contractor will be notifying the regulatory agency
4.6.1.2.8 Accidents or health and safety incidents related to biosolids hauling, processing, or marketing/reuse
4.6.1.2.9 Product batches that do not meet specifications
4.6.1.2.10 Regulatory-defined “Special Occurrences” on-site
4.6.1.2.11 Regulatory inspection report received
4.6.1.2.12 Critical equipment breakdowns and corrective and preventive actions
4.6.1.2.13 Significant changes (including temporary and interim
changes) to processes, input, outputs, and markets.
4.6.1.3 Incident reports shall include the information regarding the incident, which regulatory requirements are impacted (if any), regulatory notifications made (if any), the Contractor’s response, root cause analysis, detailed corrective and preventive actions, and pictures when appropriate. The Contractor shall take corrective and preventive actions to address root causes.
4.6.1.4 The Contractor shall notify OC San of maintenance shutdowns by Wednesday of the preceding week in order for OC San to properly schedule loads for the week of the shutdown.
4.6.1.5 In the event of any process interruption after biosolids are received at
the biosolids management sites, Contractor shall notify OC San as soon as possible, but within 24 hours. OC San will likely discontinue loads until the process is restored.
4.6.1.6 In response to OC San inspection findings, the Contractor shall provide OC San within five (5) business days a written incident report including root cause analysis and detailed corrective and preventive action
plans. The Contractor shall take corrective and preventive actions to address root causes of OC San findings, especially when issues could result in nuisance complaints or compliance concerns.
4.7 Invoices: The Contractor shall generate a separate invoice for each plant after the end of each month and the Contractor shall submit the following documentation for each of the previous month’s loads hauled from OC San as back-up for the electronic invoice. Monthly billing invoices shall match tonnages contained in OC San’s records, unless an alternative method is approved by OC San. The invoices shall be emailed to the OC San Project Manager and OC San Accounts Payable (APStaff@ocsan.gov).
4.7.1 Date
4.7.2 Trailer identification number
4.7.3 OC San weight ticket number
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4.7.4 Net wet tons contained in each trailer
4.7.5 Total daily tons received at Contractor’s facility from OC San
4.7.6 Total monthly tons received at Contractor’s facility from OC San
4.7.7 Total number of loads received at Contractor’s facility from OC San
4.8 OC San reserves the right to withhold payment if incomplete or incorrect information is provided with invoices or monthly reports.
5 SAFETY AND HAZARDOUS MATERIALS
5.1 Safety is the top priority at OC San. Therefore, the Contractor and any Subcontractor shall
follow all state, federal, and local safety standards. Failure to do so could result in removal and permanent suspension from OC San’s property.
OC San reserves the right to stop work at no cost to OC San if there is an imminent safety
hazard caused by the Contractor or any of its Subcontractor(s). If work is stopped due to imminent safety hazards caused by the Contractor, no stand-by pay will be paid by OC San. The Contractor shall develop and maintain a Site-Specific Safety Program for the worksite, in accordance with OC San Construction Safety Standards. The Plan shall include a description of the work to be performed, highlighting the hazard analysis for each general site condition(s) and specific work task(s), as follows:
• Identification of the Contractor’s management, supervision, competent, and qualified persons
• Identification of precautions to be implemented
• Decision logic for the utilization of personal protective equipment
• Site access control, including security measures
• Emergency response plan
• Incident reporting methodology
• Safety Data Sheet inventory list; all Cal/OSHA recognized carcinogens or reproductive hazardous materials shall be denoted and highlighted on the inventory list
• Training and certification documentation
• Communication methodology
• The Drug Free Workplace program if not included in the Injury and Illness Prevention Program
• Measures to mitigate public exposure to hazards as applicable
• The Contractor shall submit its Site-Specific Safety Program to OC San for review no later than fifteen (15) days after the effective date of the Notice to
Proceed and prior to commencement of Work.
5.2 Contractor shall be aware of the use of bleach, hydrogen peroxide, ferric chloride, acid and caustic soda and the potential presence of hazardous gases in and around the plants.
5.3 There are various alarm systems installed to alert employees of possible hazardous conditions. The Contractor shall instruct its employees of these dangers and that they shall
evacuate the area, including tunnels, immediately should an emergency situation occur.
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5.4 Contractor is advised that digesters are classified as Class 1, Division 1, Hazardous Areas both inside and to a distance of five (5) feet beyond all the exterior walls and roof, and to a distance of ten (10) feet beyond all existing gas handling equipment.
5.5 Contractor shall take all necessary safety precautions required to meet all safety requirements for work in areas as designated above, at no additional cost to OC San.
5.6 Contractor is cautioned that the tunnels with digester gas piping are Class 1, Division 2 areas.
5.7 All Contractor employees shall wear hard hats, safety vests, safety toed shoes, safety glasses, and appropriate protective equipment while on OC San plant sites.
5.8 Contractor shall carry and use a 4-gas monitor at all times when on the plant site. The 4-gas monitor shall detect carbon monoxide, oxygen, hydrogen sulfide, and lower explosive limits.
5.9 Contractor is responsible for every aspect of health and safety on the worksite, including the health and safety of Subcontractors, suppliers, and other persons on the worksite.
5.10 Contractor shall notify OC San Project Manager of near misses or injuries within 24 hours.
Contractor shall transmit to the OC San Project Manager written investigations of accidents and injuries encountered during work within five (5) business days. 6 STAFF ASSISTANCE Contractor will be provided with the name and contact information of the OC San Project Manager at the start of the Contract. Upon award of the Contract, all questions should be addressed to the OC San Project Manager as the primary point of contact for OC San.
EXHIBIT B Specification No. S-2022-1296BD
EXHIBIT B COST PROPOSAL FORM For Biosolids Direct Land Application
* All Proposers must upload the Cost Proposal Form at the time of Proposal submission.
EXHIBIT B
COST PROPOSAL FORM
BIOSOLIDS LAND APPLICATION SERVICES
SPECIFICATION NO. S-2022-12968D
coMPANYNAME: Tule Ranch/Magan Farms
Contractor does hereby propose to provide services in accordance with all provisions of the Request for Proposals and the Specifications for the following price.
For the purposes of RFP scoring and evaluation, OC San will only evaluate the 170 tpd cost provided by Proposer in Table 1. Proposers must fill-in all•fourteen
(14) fields. The Proposer must fill-in the fail-safe scenarios specified in Table-2, which will not be considered in the evaluation process. The terri:i of the contact is a
potential period of ten (10) years, consisting of an initial one (5) year term followed by five (5) one (1 ) year options to renew. The tons list~d below are tons provided
by OC San, but this is an estimated usage only and not guaranteed by OC San. The tons provided by OC San vary on a week-to-week basis. Daily tonnage can be
up to about 300 tons per day.
Table 1: Price to Manage Biosolids at Land Application Facility
..t
Fuel Adjustment .;
Site Capacity Calculation (FAC)d ' Annual Estimate
Available for OC FAC = A ($8.000 • Total Cost
Approximate Wet San biosollds Tip/Gate Prlceb Total Cost per Ton (Total Cost pe1
Tons of Blosolids Site Name Hauling Rate c $4.803) (Tip,t:Haul+Fuel Ton x Tons of
Per Day• TOTAL TPD: A = Multiplier Adjustment)• Blosolids per di ..
Insert 3 85 x 365 days per
(at least 530 tpd) Multlplier:_· __ year)1
170 tpd Tule Ranch 170 $8.50 $55.50 $·12.31 $ 76.31
Daily expected Land App tpd /ton !ton /ton $ 4,735,036 .
tonnaae
530 tpd Tule Ranch 530 $ 10.50 $65.00 $ 12.31
Fail-safe Land App tpd /ton /ton $ az Jj /ton $ 16,986,845
Caoacitv
a. For the purposes of RFP scoring and evaluation, OC San will only evaluate the 170 tpd daily expected tonnage line item. The 530 tpd fail-safe capacity
line item is for planning purposes and will not be evaluated in the scoring process.
b. OC San may utilize the fail-safe lip/gate price in the event OC San needs to have alternative haulers deliver biosolids to the site / facility.
c. The Fail-safe hauling rate may incorporate the use and cost for additional sub-contractors as needed to meet the difference in routine hauling and the fail-
safe hauling demand.
d. Proposer must provide a "Multiplier" for the fuel adjustment formula. Failure to do so may deem the Proposal as non-responsive. The "Multiplier" is
multiplied by the difference in diesel cost from an assumed $8.000 monthly average diesel fuel price per gallon in CA minus $4.803, which is the base
diesel fuel price per gallon in CA for January 2022. See below for explanation of fuel adjustment calculation (FAC) and example. For the purposes of this
contract, the Proposer will use the FAC formula below.
EXHIBIT B -REVISED Page 1 of 3 Specification No. S-2022-1296BD
e. The Total Cost per Ton is based on the lip/gate price plus the hauling rate plus the example FAC. The actual fuel adjustment will vary each month based
on the FAC formula and the price of fuel above or below the baseline. Purchasing will use this example calculation to base the contract's not-to-exceed
value. The monthly fuel adjustment will be added or subtracted as an individual line item on the Contractor's monthly invoice.
f. The Total Annual Contract NTE is calculated for each line item (routine hauling and fail-safe capacity) by multiplying the Total Cost per Ton by the Tons of
Biosolids per day by 365 days per year.
Fuel Adjustment Calculation = A (X -4.803)
• A is the Proposer's designated Multiplier.
• X is the average monthly diesel fuel price per gallon for California used for the specific month for billing. Average diesel fuel price for California is
based on U.S. Energy Information Administration (www.eia.gov/petroleum/gasdiesel), Data 6 tab, California No 2 Diesel Ultra Low Sulfur (0-15
ppm) Retail Prices (Dollars per Gallon).
• $4.803 is the base price for diesel fuel (CA) for January 2022 (www.eia.gov/petroleum/gasdiesel). The base price is used to calculate the
difference of the cost of diesel fuel with current value. The difference is multiplied by Proposer's Multiplier.
• Example: Fuel Adjustment= 3.5 ($8.000-$4.803) = $3.197
o 3.5: This is a Multiplier that includes variables such as the Total Miles Round Trip, Fuel Efficiency (mpg), and estimated load (25 tons).
Note that this multiplier is an example. Proposer must provide a multiplier which may include other variables.
o $8.000: Monthly average of diesel fuel in CA.
o $4.803: Base price of diesel fuel in CA for January 2022.
COMPANY NAME: Tule Ranch/Magan Farms
AUTHORIZED SIGNATORY, ~~ ..--: ' ( ignatu )
Betty Magan
TITLE: Owner
(Print)
Table 2: Fail-safe Back-up Biosolids Management Options Pricinga
Contractor shall have fail-safe back-up and/or alternative options, such as lime stabilization, landfill, and/or composting, at the ready in the case that OC San has a
process disruption and produces sub-Class B biosolids or otherwise requires use of an alternative to the option(s) in Table 1. The combined options' capacity shall
total at least 530 tpd. The Contractor is required to provide pricing for alternative sites. ·
Process I Fuel Adjustment Fail-safe Capacity Fail-safe Capacity
Treatment Calculation (FAC) Tonnage ;1n_d Cost for Tonnage and Cost for
Description Routine &JnteHm-term ·, ;Short-term Routesb
Facility Name (e.g., landfill, lime Location Routesb (Address) FAC = A (8.000 -TOTAL TPD: 53P stabilization, $4.803) TOTAL TPD: 53o compost, other)
,,. (at least530tpd) A = Multiplier (at least 530 tpd)
Tule Ranch Lime Stablization 3895 W. 19th. Multiplier: 3-85 530 tpd 530 tpd
Somerton, AZ $ 12.31 $102.31 $102.31 85366 /ton /ton
South Yuma County Landfill 19535 South Ave Multiplier: 3-85 530 tpd 530 tpd
Landfill 1E Yuma, AZ $ 12.31 $116.81 85365 $ 116.81 /ton /ton
Multiplier: tpd tpd
$ $ /ton $ /ton
Multiplier: tpd tpd
$ $ /ton $ /ton
a. Proposer must fill-in the designated fuel adjustment calculation, tons per day capacity, and total cost per ton cost/ton specified in Table 2. Table 2 will not be
weighed in the evaluation of the Proposal.
b. In order to utilize the reduced pricing in the "Routine/ Interim-Term Hauling Cost" column of this table, OC San will commit to a routine schedule of Monday
through Friday for at least six (6) weeks. Otherwise, the pricing in the "Emergency I Short-Term Hauling Cost" column of this table will be utilized.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2264 Agenda Date:7/6/2022 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINE AND GENERATOR OVERHAULS AT PLANT NO. 1 AND 2, PROJECT NO. J-135B
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Service Contract to Cooper Machinery Services LLC for Engine and
Generator Overhauls at Plant No. 1 and 2, Project No. J-135B, for a total amount not to
exceed $29,361,029; and
B. Approve a contingency of $2,936,103 (10%).
BACKGROUND
In the early 1990s, Orange County Sanitation District (OC San) installed eight internal combustion
engines manufactured by Cooper Bessemer at the Central Generation (Cen Gen) facilities at Plant
Nos. 1 and 2 to generate electricity using digester gas. During normal operating conditions, the Cen
Gen 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 runtime per the
manufacturer’s recommendations. Complete overhaul of an engine is needed after 120,000 hours of
runtime. A complete overhaul was successfully completed recently by Cooper Machinery Services
LLC (Cooper) for an engine at Plant No. 1 after a series of failures by another vendor.
Cooper holds the original equipment manufacturer (OEM) proprietary part fabrication information and
service “know-how” to rebuild these legacy machines. Machining fabrication problems in non-Cooper
supplied parts and reassembly technique errors led to catastrophic engine failure during the initial run
-in period for a prior vendor.
RELEVANT STANDARDS
·Protect OC San assets
·Maintain a proactive asset management program
·24/7/365 treatment plant reliability
·Comply with environmental permit requirements
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OC6SAN
ORANGE COUNTY SANITATION DISTRICT
File #:2022-2264 Agenda Date:7/6/2022 Agenda Item No:8.
·Use all practical and effective means for resource recovery
PROBLEM
Of the seven remaining engines that have not been completely overhauled,four are showing signs of
degradation,consuming large quantities of oil,and exceeding manufacturer’s recommended runtime
of 120,000 hours.The consumption of oil results in the generation of particulate matter that
potentially impacts the ability to meet South Coast Air Quality Management District (SCAQMD)
requirements.Proper maintenance of Cen Gen is critical to providing reliable and resilient plant
operations and to beneficially reuse biogas created by the treatment process.
OC San has been through four unsuccessful procurement attempts to overhaul Cen Gen engines
between 2016 and 2021.A successful overhaul only occurred for an engine when Cooper was sole
sourced for the reassembly and their OEM parts were used.
PROPOSED SOLUTION
Staff recommends awarding a sole source Service Contract to Cooper to overhaul four Cen Gen
engines and five generators at Plant Nos.1 and 2.Overhauling four engines,plus the recently
overhauled engine at Plant No.1,provides sufficient capacity to reliably process the current levels of
digester gas generated by the solids digestion process.The intent is to overhaul the remaining
engines in the future as they show signs of degradation,such as oil consumption and other wear
indicators.
TIMING CONCERNS
Engines will continue to consume increasing amounts of oil,engine emissions will rise,and system
availability will decrease until they go through a complete overhaul.
RAMIFICATIONS OF NOT TAKING ACTION
If the engines fail,digester gas will need to be burned using flares,additional utility power will be
required,and the Cen Gen facilities will not be able to provide supplemental standby power to the
two treatment plants during a utility power outage,resulting in a reduction of overall reliability of the
treatment plants. In addition, OC San could face potential SCAQMD permit violations.
PRIOR COMMITTEE/BOARD ACTIONS
March 2021 -Board of Directors awarded a Sole Source Service Contract to Cooper Machinery
Services to provide a Cen Gen Engine No.1 Overhaul at Plant No.1,per Proposal 210204-839,for a
total amount of not to exceed $3,705,932; and approved a contingency of $741,186 (20%).
ADDITIONAL INFORMATION
OC San’s first procurement attempt to completely overhaul all eight engines was in 2016.In 2018,
there were two additional procurement attempts to overhaul one engine.All three procurements
were cancelled because the bidders could not meet the required commercial terms and conditions.
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File #:2022-2264 Agenda Date:7/6/2022 Agenda Item No:8.
In 2019,OC San awarded a contract to overhaul two engines.The overhaul of one engine was
completed in October 2020.During testing,a crankcase explosion occurred.The engine was rebuilt
again and resulted in another crankcase explosion.A third-party engineer and OC San staff
concluded that the parts and services supplied by the vendor did not meet the requirements of the
Service Contract. The contract was terminated in 2021.
In March 2021,with the engine in a failed state and OC San facing a potential SCAQMD citation,OC
San awarded a sole source contract,under Project J-135A Central Generation Engine Overhaul at
Plant No.1,to Cooper to overhaul the failed engine.The overhaul on the engine was successfully
completed in February 2022.
OC San has continued to search for additional qualified service providers to perform overhauling the
Cen Gen engines.In June 2021,OC San completed a Planning Study,PS20-04 Power Generation
Overhaul Feasibility Study.This study investigated the marketplace for engine service providers that
can reliably rebuild these unique engines.The Consultant surveyed five service providers and
compared the responses.Three had very little experience with Cooper Bessemer engines,could not
provide bonding,and/or lacked adequate staffing.The fourth service provider did not have an
adequate facility to perform the work.The study concluded that Cooper is the only viable service
provider that can provide the required knowledgeable staff and OEM parts with an acceptable
financial health.
Later in November 2021,OC San sent out a Request for Information to find other service providers
that have adequate technical qualifications and can also perform under OC San's Contract terms and
conditions and received two responses including one from Cooper.The other responder did not
demonstrate adequate staffing and similar engine overhaul experience.OC San staff determined
that Cooper was the only viable Service provider.
In April 2022,OC San requested a proposal from Cooper based on specified scope of work and
terms and conditions.The proposal was received on May 13,2022.Staff reviewed the proposal and
met with Cooper over several meetings.The cost proposal was compared with the cost to overhaul
Engine No.1 and previous proposals,factoring in escalation.It is also important to understand that
three of the engines to be rebuilt are at Plant No.2 which have 16 cylinders rather than 12 cylinders
at Plant No.1.In addition,this contract includes rebuilding the attached generators which was not
included in the prior rebuild effort.Based on the above,staff has determined that the final negotiated
price is fair and reasonable for this Project.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of OC San’s Purchasing Ordinance.This item has been
budgeted (Adopted Budget,Fiscal Years 2022-2023 and 2023-2024,Section 8,Page 42,Central
Generation Engine Overhauls at Plant Nos. 1 and 2).
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File #:2022-2264 Agenda Date:7/6/2022 Agenda Item No:8.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Service Contract
·Presentation
SN: jw
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Orange County Sanitation District 1 of 13 Specification No. J-135B
SERVICE CONTRACT
Specification No. J-135B Engine and Generator Overhauls at Plant No. 1 and 2 THIS CONTRACT is made and entered into as of the date fully executed below, by and between Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue,
Fountain Valley, CA 92708 (hereinafter referred to as "OC San") and Cooper Machinery Services LLC with a principal place of business at 16250 Port Northwest Drive, Houston, Texas 77041 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H
WHEREAS, OC San desires to temporarily retain the services of Contractor for Engine and
Generator Overhauls at Plant No. 1 and 2, “Services” as described in Exhibit “A”; and WHEREAS, OC San has chosen Contractor to conduct Services in accordance with Ordinance No. OC SAN-56; and
WHEREAS, on [Board Date] the Board of Directors of OC San, by minute order, authorized execution of this Contract between OC San and Contractor; and WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish
such Services. NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged
between the Parties, the Parties mutually agree as follows: 1. Introduction.
1.1 This Contract and all exhibits hereto (called the "Contract") is made by OC San and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”.
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein. Exhibit “A” Includes Exhibit “A-1”, Scope of Work for Engine Overhauls, and Exhibit “A-2”, Generator Overhauls Exhibit “B” Proposal Exhibit “C” Determined Insurance Requirements Form Exhibit “D” Contractor Safety Standards Exhibit “E” Human Resources Policies
Exhibit “F” Performance and Payment Bonds 1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of
the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
Orange County Sanitation District 2 of 13 Specification No. J-135B
1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business days.
1.7 OC San holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
1.8 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”.
1.9 Contractor shall provide OC San with all required premiums and/or overtime work, as specified in this Contract, at no charge beyond the price provided under “Compensation”
below. 1.10 Except as expressly provided otherwise, OC San accepts no liability for any expenses,
losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OC San.
2. Compensation. Compensation to be paid by OC San to Contractor for the Services provided under this Contract shall be a total amount not to exceed [Amount In Words] Dollars [($)]. 3. California Department of Industrial Relations (DIR) Registration and Record of Wages. 3.1 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. 3.2 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).
3.3 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. 3.4 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. 3.5 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.
Orange County Sanitation District 3 of 13 Specification No. J-135B
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 requirements of Labor Code section 1776, OC San may continue to withhold sufficient funds to cover estimated wages and penalties under the Contract.
3.6 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.
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.
3.7 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. 3.8 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.
3.9 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.
3.10 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. 4. Payments and Invoicing. 4.1 OC San shall pay, net 30 days, upon receipt, by OC San’s Engineer (“Engineer”) or designee, of itemized invoices submitted for Milestones completed as defined below:
Orange County Sanitation District 4 of 13 Specification No. J-135B
Milestone Payment
To be determined
4.2 OC San shall approve or reject invoices within 14 days of receipt. Any invoice not rejected in
writing within 14 days of receipt shall be deemed approved by OC San. OC San, at its sole discretion, shall be the determining party as to whether the Services have been satisfactorily completed. In the event OC San disputes an invoice or has a reasonable basis for
determining Services have not been satisfactorily completed, OC San agrees to pay the undisputed portion of any invoice in a timely manner while both parties agree to discuss in good faith to resolve the disputed portions of an invoice. If OC San fails to pay an undisputed invoice after receiving 30 days written notice of non-payment, Contractor shall have the right to suspend performance and Contract Term shall be extended for a time equal to the suspension for non-payment. Should suspension for non-payment last 30 days, Contractor shall have the right to terminate and OC San agrees to pay termination fees in accordance with Section 12.1.
4.3 Invoices shall be submitted through OC San’s PMWeb system (or current electronic system) and a copy emailed by Contractor to OC San Accounts Payable at APStaff@OCSD.com and “INVOICE” with the Purchase Order Number and Specification No. J-135B shall be referenced in the subject line. 5. Audit Rights. Contractor agrees that, during the term of this Contract and for a period of three years after its termination, OC San shall have access to and the right to examine any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract. OC San agrees all audits are subject to
confidentiality and non-disclosure provisions and are limited to the purpose of OC San verification of payment and invoicing records, except to the extent required by a government agency.
6. Scope of Work. Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally
accepted industry and professional standards. 7. Modifications to Scope of Work. Requests for modifications to the Scope of Work or due
to delays solely attributable to OC San hereunder can be made by either party at any time. All modifications must be made in writing, approved and signed by both Parties before any Work on the modification shall begin. In the event of a modification, time of performance and payment for work shall be altered accordingly.
8. Contract Term. The Services provided under this Contract shall be completed within [1,249] calendar days from the effective date of the Notice to Proceed.
9. Renewals. Not Used
10. Extensions. The term of this Contract may be extended only by written instrument signed by both Parties.
11. Performance. Time is of the essence in the performance of the provisions hereof. 12. Termination.
12.1 OC San reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OC San of intent to terminate.
Orange County Sanitation District 5 of 13 Specification No. J-135B
OC San also reserves the right to terminate this Contract for default in accordance with section 12.2 and 12.3. Upon receipt of a termination notice for convenience or terminate notice
under 12.3, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). In all cases of termination whether for convenience or default, OC San shall thereafter, within thirty 30 days, pay Contractor for work performed (cost and fee) to
the date of termination, including any reasonable costs and expenses incurred by Contractor as a direct result of such termination for any goods or services in progress prior to the effective 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 payment to Contractor for work performed and any applicable costs/expenses to the date of termination shall release OC San from any further fee, cost or claim relating to the terminated portion of the Contract, hereunder by Contractor. 12.2 OC San reserves the right to terminate this Contract upon determination that Contractor has materially breached any of the terms of this Contract and failed to commence to cure within 10 days with continual diligent efforts following receipt of written notice of such breach. In the
event of termination under this section, Contractor total liability shall not exceed the actual and reasonable documented costs and expenses to complete the terminated Scope of Work.
12.3 OC San may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act.
12.4 All OC San property in the possession or control of Contractor shall be returned by Contractor to OC San upon demand, or at the termination of this Contract, whichever occurs first.
13. Insurance. Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal to the requirements set forth in the signed Acknowledgement of Insurance Requirements (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to OC San, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. Any requirements for additional insured, waiver of rights of subrogation or recognition of Contractor’s insurance as
primary shall apply only to the extent of the legally-binding indemnities agreed to by Contractor in the Contract.
14. Bonds. Contractor shall, before entering upon the performance of this Contract, furnish bonds (attached hereto in Exhibit “F”) approved by OC San’s General Counsel - one in the amount of one hundred percent (100%) of the total Contract price, to guarantee the faithful
performance of the work, and the other in the amount of one hundred percent (100%) of the total Contract price, to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and accepted by OC San. Bonds must be issued by a California admitted surety and must be maintained throughout the life of the Contract and during the warranty period. 15. Indemnification and Hold Harmless Provision. Contractor shall assume responsibility for direct damages to property and/or injuries to persons, including accidental death, to the extent such damages arise out of or are caused by the negligence of Contractor under this Contract, or by the negligence of 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
Orange County Sanitation District 6 of 13 Specification No. J-135B
the termination of the Contract. 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 , to the extent arising out of or in connection with Contractor's negligent performance under the Contract, and/or (b) to the
extent 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 directly by Contractor or its subcontractor(s) under the Contract. This indemnification
provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. Notwithstanding the foregoing, Contractor has no responsibility to and will not indemnify OC San, or its elected and appointed officials, officers, agents and employees, for claims, liabilities, expenses, or damages of any nature to the extent arising from, caused by or in connection with OC San’s negligence (sole, joint, or concurrent), gross negligence, willful misconduct or any other fault on the part of OC San. 16. Contractor Safety Standards. OC San requires Contractor and its subcontractor(s) to follow
and ensure their employees follow all Federal, State, and local regulations as well as the Contractor Safety Standards while working at OC San locations. If during the course of the Contract it is discovered that the Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the most stringent regulatory requirement at no additional cost to OC San. Contractor and all of its employees and subcontractors, shall adhere to all applicable Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies (Exhibit “E”). 17. Warranties. In addition to the warranties stated in Exhibit "A", the following shall apply:
17.1 Where applicable, Contractor supplier’s standard warranty shall apply. To the extent possible, Contractor shall transfer its supplier’s warranties to OC San for the work as complete.
Contractor's Warranty (Guarantee): Contractor warrants that any goods, parts, repairs, or
upgrades supplied by Contractor under this Contract shall (i) be free from any materials and workmanship for the specified warranty period, (ii) conform to the specifications mutually agreed in Exhibit “A” (herein incorporated by reference), and (iii) all Services will be performed in a competent and diligent manner in accordance with generally accepted standards for such services. If within a one-year period of completion of all work as specified in Exhibit “A”, OC San informs Contractor in writing that any portion of the Services provided fails to meet the standards required under this section 17 of the Contract, Contractor shall, within the time agreed to by OC San and Contractor, repair, replace, or re-perform the noted non-conforming deficiency(ies) in goods or Services at Contractor's sole option and expense. If the good or Service cannot be made to conform to the warranty in this section by repair, replace, or re-performance, Contractor’s responsibility shall be to refund the portion of the purchase price
allocated to the non-conforming goods or Services. The remedies set forth in this section constitute the sole and exclusive remedies for all claims arising out of or related to any defect or non-conformity in the products, parts, goods, or services regardless when the defect or non-conformity arises. Contractor shall have no responsibility to repair or replace defective equipment or component parts resulting from the use of repair or replacement parts not of Contractor’s manufacture or approved by Contractor or from OC San’s failure to store, install,
maintain, and operate the equipment according to Contractor’s written instructions and drawings and standard industry practice. Deterioration and wear occasioned by chemical and abrasive action or excessive heat shall not constitute defects. Transportation of products to and from Contractor’s service facility shall be borne to OC San when a repair is not covered by warranty. Warranty work provided under this Contract does not assure uninterrupted operation of the products. Equipment and accessories furnished by third parties which are not
Orange County Sanitation District 7 of 13 Specification No. J-135B
incorporated in the equipment manufactured by Contractor are warranted only to the extent of the original manufacturer’s warranty to Contractor. THE WARRANTIES SET FORTH IN
THIS SECTION 17 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, AND GUARANTEES, WHETHER WRITTEN OR ORAL. NO IMPLED WARRANTY OR CONDITION, INCLUDING MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE SHALL APPLY.
18. Liquidated Damages. In the event the Contractor fails to achieve completion of the work within the term of this Contract or achievement of any designated Milestones, after due allowance for extensions of time made in accordance with the Contract, if any, OC San will sustain damage which would be extremely difficult and impracticable to ascertain. The Parties therefore agree that in each such event, Contractor will pay to OC San the sum of five hundred
($500.00) per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Substantial Completion (1,232 calendar days from Notice to Proceed), as defined below, is so delayed. In addition, Contractor will pay to OC San the sum of one
hundred ($100.00) per day, as Liquidated Damages, and not as a penalty, for each and every calendar day during which Final Completion (1,249 calendar days from Notice to Proceed), as defined below, is so delayed. Contractor agrees to pay such Liquidated Damages and
further agrees that OC San may offset the amount of Liquidated Damages from any monies due or that may become due Contractor under this Contract. Contractor also agrees that to the extent the amount of Liquidated Damages exceeds any monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand. If this provision is found for any reason to be void, invalid, or otherwise inoperative so as to disentitle OC San from claiming Liquidated Damages, OC San is entitled to claim against the Contractor damages at law for the Contractor’s failure to complete the work during the term of this Contract. SUBSTANTIAL COMPLETION
Substantial Completion of the work means all Gen-Sets, as defined in Exhibit “A”, have
been completed and OC SAN can beneficially occupy or utilize them all for the purpose for which they are intended, and the work complies with applicable codes and regulations, including if required, issuance of certificates of occupancy, or certificate of suitability for use from the appropriate governmental agencies, as determined by the Engineer at his/her sole discretion. FINAL COMPLETION After the Engineer has made the final inspection and is satisfied that the work has been completed in accordance with the Contract, including all punchlist items, and is satisfied that all submittals have been made and accepted, including, but not limited to all materials required by the Contract and all As-Builts, Record Drawings by the Contractor,
if required by the Contract, and any other required record documents have been completed and accepted, all change order work has been completed and accepted by the Engineer, and all other requirements of the Contract, except for any unexecuted
change orders, possible future warranty and guarantee work have been accomplished, the Contractor shall obtain, in writing, the acceptance by the Engineer of the full completion of the Work and the date thereon.
19. AQMD Pass-Through Fees and Fines. In the event the Contractor fails to reach final completion of any one Gen-Set within the 275 calendar days (9 months) as required under in Exhibit “A” OC San may be subject to fees and fines imposed by the Air Quality Management District (AQMD). The cost of these AQMD fees and fines as validated by OC San shall be passed through to the Contractor. Contractor agrees to
pay such fees and fines and further agrees that OC San may offset the amount of these fees
Orange County Sanitation District 8 of 13 Specification No. J-135B
and fines from any monies due or that may become due Contractor under this Contract. Contractor also agrees that to the extent the amount of these fees and fines exceeds any
monies due to the Contractor under this Contract, Contractor shall pay all such amounts to OC San upon demand.
20. Damages. Contractor’s total responsibility for any claims, damages, losses or liabilities arising out of or related to its performance of this Contract or the products and Services covered hereunder shall not exceed two times the Contract price. EXCLUDING CLAIMS
RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL CONTRACTOR OR OC San BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AS DEFINED BY THE LAW GOVERNING THIS CONTRACT RESULTING FROM OR ARISING OUT OF THIS CONTRACT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, PRODUCTION OR USE HOWSOEVER SAME MAY BE CAUSED.
21. Force Majeure. Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force
Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
22. 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.
23. Familiarity with Work. By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; 2) it has investigated the site of the work and is aware of all conditions there; and 3) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OC San, it shall immediately inform OC San of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OC San. 24. Regulatory Requirements. Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including, but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2.
25. 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. 26. Licenses, Permits, Ordinances and Regulations. Contractor represents and warrants to
OC San that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work
performed under the terms of this Contract will be paid by Contractor. 27. Applicable Laws and Regulations. Contractor shall comply with all applicable Federal,
State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OC San as a result of Contractor's noncompliance therewith. Any permission required by law to be included herein
Orange County Sanitation District 9 of 13 Specification No. J-135B
shall be deemed included as a part of this Contract whether or not specifically referenced.
28. Contractor’s Employees Compensation.
28.1 Davis-Bacon Act – Contractor will pay and will require all subcontractors to pay all employees on said project a salary or wage at least equal to the prevailing rate of per diem wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each craft or type of worker needed to perform the Contract. The provisions of the Davis- Bacon Act shall apply only if the Contract is in excess of $2,000.00 and when 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.
28.2 General Prevailing Rate – OC San has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OC San will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request.
28.3 Forfeiture For Violation – Contractor shall, as a penalty to OC San, forfeit $50.00 for each calendar day or portion thereof for each worker paid (either by the Contractor or any
subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code
of the State of California. 28.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this Contract and the Contractor shall comply therewith if the prime contract involves $30,000.00 or more or 20 working days or more; or if contracts of specialty contractors not bidding for work through the general or prime
Contractor are $2,000.00 or more or five working days or more.
28.5 Workday – In the performance of this Contract, not more than eight hours shall constitute a day’s work, and the Contractor shall not require more than eight hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OC San as a penalty, the sum of $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 hours in any one calendar day and 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.
Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent having
authority over such matters. Subject to the audit provisions herein, Contractor further agrees
Orange County Sanitation District 10 of 13 Specification No. J-135B
that its payroll records and those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 charged to OC San may be deducted from project payments per the requirements of Section
1776.
29. South Coast Air Quality Management District’s (SCAQMD) Requirements. It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
30. 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. 31. Breach. The waiver of either party of any breach or violation of, or default under, any provision
of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OC San does not object shall not operate as a waiver of OC San’s rights to seek remedies available to it for any subsequent breach. 32. Remedies. With respect to that subject matter and/or circumstances or events for which
specific remedies are set forth in this Contract, including, without limitation, those remedies with respect to the Services performed by Contractor hereunder, then such remedies shall be the exclusive remedies of the parties. If no such specific remedy is provided, then the parties shall have available to them any remedy available under applicable law or in equity. 33. Dispute Resolution. 33.1 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. 33.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues
in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two arbitrators
shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05. The arbitrator, or three arbitrators acting as a board, shall take such evidence and make such investigation as
deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
Orange County Sanitation District 11 of 13 Specification No. J-135B
34. Attorney’s Fees. If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.
35. Survival. The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract. 36. 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.
37. Damage to OC San’s Property. To the extent any of OC San’s property is damaged by the negligence of Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OC San, except for that portion, if any, OC
San’s actions contributed to the damage.
38. Disclosure. Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OC San. OC San agrees not to disclose, to any third party, Contractor data or information related this project without the prior written consent from Contractor, except to the extent required by a government agency.
39. Independent Contractor. The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OC San
employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OC San's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OC San’s employees. 40. Limitations upon Subcontracting and Assignment. Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OC San. Any such attempted delegation or assignment shall be void. 41. Third Party Rights. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OC San and Contractor. 42. Non-Liability of OC San Officers and Employees. No officer or employee of OC San shall
be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OC San or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract.
43. Read and Understood. By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
44. 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.
Orange County Sanitation District 12 of 13 Specification No. J-135B
45. Entire Contract. This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter hereof.
46. Notices. All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt requested, or by any other overnight delivery service which delivers to the noticed destination
and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be
effective when first received at the following addresses: OC San: Jackie Lagade Principal Buyer
Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: John B. Sargent Chief Executive Officer
Cooper Machinery Services LLC 16250 Porth Northwest Drive Houston, Texas 77041
Each party shall provide the other party written notice of any change in address as soon as practicable.
[Intentionally left blank. Signatures follow on the next page.]
Orange County Sanitation District 13 of 13 Specification No. J-135B
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: _________________ By: Chad P. Wanke Chair, Board of Directors Dated: _________________ By: Kelly A. Lore Clerk of the Board
Dated: _________________ By: Ruth Zintzun
Purchasing & Contracts Manager
COOPER MACHINERY SERVICES LLC Dated: _________________ By: Print Name and Title of Officer JL
EXHIBIT A
SCOPE OF WORK
For Engine and Generator Overhauls at Plant No. 1 and 2
EXHIBIT A Specification No. J-135B
EXHIBIT A-1
ENGINE OVERHAULS
J-135B – Scope of Work A-1 Page 1 of 24
TABLE OF CONTENTS
1. BACKGROUND ..................................................................................................................................... 3
2. DEFINITIONS ......................................................................................................................................... 3
3. GENERAL PROJECT DESCRIPTION .................................................................................................. 3
General ............................................................................................................................. 4
4. WORK ELEMENTS ............................................................................................................................... 6
Functionality Testing and Measurments ....................................................................... 6
4.1.1 Testing ................................................................................................................... 6
4.1.2 Measurments .......................................................................................................... 6
Mechanical ....................................................................................................................... 7
4.2.1 General .................................................................................................................. 7
4.2.2 Cylinder Heads ...................................................................................................... 7
4.2.3 Engine Fuel System ................................................................................................ 9
4.2.4 Cylinder Liners ...................................................................................................... 9
4.2.5 Rotating Assembly (Crankshaft, connecting rods, and Pistons) ............................ 9
4.2.6 Generator Outboard Bearing ................................................................................ 11
4.2.7 Cylinder Block and Center Frame ........................................................................ 11
4.2.8 Camshafts and accessories ................................................................................... 12
4.2.9 Oil system ............................................................................................................ 12
4.2.10 Intake, Exhaust, and Starting Air Systems ........................................................... 13
4.2.11 Safety and Protective Shutdown Components ..................................................... 14
OILS, LUBRICANTS, SOLVENT, AND THREAD LOCKING LIQUID .............. 14
Instrumentation ............................................................................................................. 15
5. CONTRACTOR RESPONSIBILITY ..................................................................................................... 15
General ........................................................................................................................... 15
RIGGING, DISASSEMBLY, REMOVAL, AND REASSEMBLY ............................ 16
TRANSPORTATION .................................................................................................... 17
REASSEMBLY AND ALIGNMENT .......................................................................... 17
ENGINE-GENERATOR ACCEPTANCE TEST RUN ............................................. 18
6. AVAILABLE RESOURCES ................................................................................................................. 19
Refrence Drawings ......................................................................................................... 19
Physical Resources ......................................................................................................... 20
OC San Staff .................................................................................................................. 20
7. PROJECT SCHEDULE ........................................................................................................................ 20
8. DELIVERABLES .................................................................................................................................. 21
Project Schedule ............................................................................................................. 21
Submittals ....................................................................................................................... 21
8.2.1 OC San Overhead Crane Release ........................................................................ 21
8.2.2 Initial Testing Plan ............................................................................................... 21
8.2.3 “As-Found” Report .............................................................................................. 21
8.2.4 PArts Replacement Documentation ..................................................................... 21
8.2.5 Quality Control Plan ............................................................................................ 22
8.2.6 Final Report .......................................................................................................... 22
9. SAFETY AND HAZARDOUS MATERIALS ......................................................................................... 22
3.1
4.1
4.2
4.3
4.4
5.1
5.2
5.3
5.4
5.5
·6.1
(>.2
·6.3
8.1
8.2
J-135B – Scope of Work A-1 Page 2 of 24
OSHA AND OC San SAFETY ..................................................................................... 22
PLANT SAFETY AWARENESS ................................................................................. 22
Job Hazard Analysis (JHA) .......................................................................................... 22
10. CONTRACT MANAGEMENT .............................................................................................................. 23
Project Control management System ........................................................................... 23
MEETINGS .................................................................................................................... 23
WORK HOURS. ............................................................................................................ 23
11. MONITORING OF WORK .................................................................................................................... 23
Progress reports. ............................................................................................................ 23
12. WARRANTIES ..................................................................................................................................... 23
13. STAFF ASSISTANCE .......................................................................................................................... 24
14. SCOPE OF WORK ATTACHMENTS .................................................................................................. 24
9.1
9.2
9.3
10.1
10.2
10.3
11.1
J-135B – Scope of Work A-1 Page 3 of 24
1. BACKGROUND
The Central Generation (CENGEN) Facilities at OC San Plants No. 1 and 2 were completed in 1993 and 1990 respectively. Plant No. 1 consists of three (3) reciprocating engine-generator sets, Cooper-Bessemer LSVB-12 SCG 12-cylinder engines driving Ideal Electric SAMB 12.47-kV 2,500-kW synchronous generators at 400 RPM. Plant No. 2 consists of five (5) reciprocating engine-generator sets, Cooper-Bessemer LSVB-16 SCG 16-cylinder engines driving Ideal Electric SAMB 12.47-kV 3,000-kW synchronous generators at 360 RPM. These engine-generator sets have been in service for over 20
years and must be overhauled.
2. DEFINITIONS
A. Gen-Set – Engine and Generator combination
B. IEEE – Institute of Electrical and Electronics Engineers
C. LOTO – Lock Out Tag Out
D. P&ID – Process and Instrumentation Diagram 3. GENERAL PROJECT DESCRIPTION
A. The Contractor shall overhaul a total of one (1) Generator and four (4) Engine- Generator Sets in the following order:
1. Plant No. 1 Gen-Set 3
2. Plant No. 2 Gen-Set 5, 1, and 3
B. Overhaul work shall only occur on one engine at a time to keep the respective CENGEN building online. Additionally, the Contractor shall manage the contract for the Generator Overhaul for each engine to a Sub-Contractor for the work associated with the Generator Overhaul of the Contractor’s choosing.
C. A Scope of Work for the Generator Overhaul has been included with this Scope of Work, as Exhibit A-2.
D. The Contractor shall perform the following services required to overhaul all engine- generator sets covered by this Scope of Work.
1. Disassembly, repair/refurbish/replacement of parts, and reassembly
2. Welding, as necessary
3. Alignment measurements, before and after overhaul, of the engine and generator
4. Testing, as described including, but not limited to, performance and measurements, before and after overhaul
5. Rigging and blocking
6. Transportation, as needed
7. Electrical Services
8. Instrumentation Services
9. Mechanical Services
J-135B – Scope of Work A-1 Page 4 of 24
GENERAL
A. All work performed by the Contractor on the engine-generator sets listed herein shall be completed in accordance with Industry best practices, OEM specifications, and as required by the latest applicable industry codes and regulations as stipulated under this contract, unless otherwise accepted by the OC San Engineer in writing prior to work execution. The most stringent requirement shall take precedence if a conflict arises between any of the aforementioned project requirements.
1. Appendix A-1 contains pertinent fastener torque tightening and use
specifications, as well as component level parts drawings.
B. The Contractor shall properly secure, block, and support engine and generator components to prevent damage and unintended movement, during storage or
transportation, putting in place both passive and active controls to ensure safety of personnel at all times. The Contractor shall follow all OSHA and OC San Safety Standards during the entire duration of this project.
C. All required parts, unless noted otherwise, are to be supplied by the Contractor, and are listed in the Appendices A-2 and A-5. These parts and components shall be OEM parts in new and unused condition. The Contractor shall submit documentation
to the Engineer to prove all parts are correct. Contractor will not provide documentation for each individual part, rather will supply one document to certify all parts meet OEM specifications. All documentation shall include, at a minimum, manufacture certification that part meets or exceeds Cooper-Bessemer’s specifications, from Cooper-Bessemer. This documentation shall be provided to the OC San Engineer and accepted to them before part is procured and installed by the Contractor and shall also be included in the Final Report.
1. All parts that are to be replaced shall be procured and staged on-site or at the appropriate location prior to the commencement of the work on each Engine- Generator Set.
2. The Contractor shall provide the required documentation in a timely manner as to allow OC San 30 Days to review and accept and not incur any schedule delays.
D. No OC San owned materials, parts, or equipment shall be taken off the site, without
OC San’s written authorization. Before removing OC San owned property, the Contractor shall provide a list of materials, parts, or equipment being considered for removal and obtain acceptance of the OC San Engineer. When materials, parts, or
equipment is returned to OC San premises, the OC San Engineer will signoff receipt of components accordingly.
1. The Contractor shall provide the required documentation in a timely manner as
to allow OC San 30 Days to review and accept and not incur any schedule delays.
E. The Contractor is responsible for the removal of all debris and trash and shall always keep the work area clean and tidy. The Contractor shall immediately clean up any spills and dispose of cleaning materials in accordance with local, state, and federal laws.
F. Except as specified elsewhere herein, the Contractor shall furnish field supervision, home office support, labor, permanent materials, construction equipment, tools, consumable supplies, transportation, testing, safety equipment, personnel protective equipment, temporary and support facilities, insurance, and any other items of expense required to perform all activities described herein. OC San will provide the
3.1
J-135B – Scope of Work A-1 Page 5 of 24
suitable laydown area required for this project, refer to Appendix A-9, Specification Section 01520 for details.
G. The Contractor shall be responsible for the proper care and storage of all parts, either onsite, during transport, or at the relevant offsite location accordingly. Proper care, protection, and storage includes protecting workpieces from the elements,
contaminant ingress, condensation, weight, paint spray, cross contamination, and damage during all work activities. In some cases, heaters, wrapping, tarps, and desiccant will be necessary, which shall be solely supplied, designed, provided, and
installed by the Contractor. Refer to Appendix A-9, Specification Section 1600.
H. The Contractor shall be responsible for blocking and cribbing of engine and generator related components, or as otherwise required. Under no situation, shall any components be rested upon one another. The final acceptance of said care and storage techniques and execution shall be by the OC San Engineer.
I. OC San will assign a Senior Mechanic as a Technical Witness and an Inspector for
all Contractor’s activities, including but not limited to all readings taken and tests performed by the Contractor. If any results of measurement or testing are deemed erroneous or unreliable, the Contractor shall retake all readings and redo testing at no additionally cost to OC San.
J. The Contractor shall be solely responsible for maintaining all items in accordance with the manufacturer instructions until OC San accepts the work as defined by this contract.
K. The Contractor shall be responsible for the repair or replacement of any item, in- kind, damaged by the Contractor or their Subcontractor(s) without any cost or schedule impact to OC San, until complete turnover and acceptance by OC San of the work entailed in this Scope of Work.
L. The main overhead crane in the CENGEN Engine Rooms at Plant No. 1 and 2 may be used for disassembly and removal of the engine-generator components. See Section 4.2 of this Scope of Work for details.
M. The Plant No. 1 and 2 CENGEN facilities will be in operation during the execution of the work, with other work possibly happening in close proximity, or at the same time, during execution of this contract. The Contractor shall coordinate all work to avoid
any interference with normal plant operations, equipment maintenance, other projects or processes happening simultaneously. Downtime for piping, power interruptions, and other utility services requiring taps or connections shall be kept to a minimum, to not influence or impact normal OC San plant operations. Written shutdown requests shall be submitted to the OC San Engineer, at least 30 Days in advance of the planned activity. Requests shall include, at a minimum, a drawing and item list to identify the system or equipment included in the shutdown request.
The OC San Engineer’s written acceptance of shutdown requests shall be obtained 14 Days in advance of any planned work. Any work that blocks roadways, access to buildings, and parking lots shall require prior acceptance and written acceptance by
the OC San Engineer. The Contractor shall always follow OC San’s LOTO procedures for isolation of equipment. OC San will provide tags and the Contractor
J-135B – Scope of Work A-1 Page 6 of 24
shall provide lockout devices per the OC San LOTO procedure. If Work on energized
electrical systems is required, refer to the section entitled “Working on Energized
Systems” of the OC San Safety Standards.
N. The Contractor shall inspect all parts and components in the presence of OC San’s Engineer or designee as required, to determine their status as acceptable or needing
to be replaced. All NDE inspections shall be performed by the Contractor qualified personnel per latest applicable ASME BPVC Section V-Non-Destructive Examination (NDE) procedures and calibrated instruments, as detailed herein. All inspected,
repaired, and reconditioned parts and components shall comply with the latest ASME PCC2 code Repair of Pressure Equipment and Piping.
O. OC San must comply with all aspects of the AQMD Title V Permits, as shown in Appendix A-10. Additionally, OC San will test each Engine-Generator Set, including the Engine for Plant No. 1 Generator 1, for compliance with the Permits prior to the start of work on each Engine and Generator. The Contractor will be given each Gen-
Set after successful completion of the AQMD testing, see Section 7 of this Scope of Work for details. 4. WORK ELEMENTS
FUNCTIONALITY TESTING AND MEASURMENTS
4.1.1 TESTING
A. The Contractor shall perform the following testing prior to any engine-generator set
work and shall be included in the Final Report as “as-found” testing. Additionally, after the engine-generator work is completed, the following testing shall be
performed and included in the Final Report as “as-left” testing. The “as-found”
results shall be submitted to OC San prior to the commencement of work.
1. Record Crankcase Pressure
2. Compression and Leak-down Testing for each cylinder (complete “as-left” testing before commissioning)
3. Starting Air Valve Functionality
4. Instrumentation Functionality (See Appendix A-6)
B. Testing done by OC San that will be provided to the Contractor to be included in initial report to OC San Engineer and Final Report
1. Oil Health
a. International Organization of Standardization (ISO) Cleanliness Level Measurement
b. Additive Health Baseline Measurement
2. Vibration Testing of Engine, Generator, and Turbo
4.1.2 MEASURMENTS
A. The Contractor shall take measurements of the below listed components, as a minimum. The results of these measurements shall be included in the Final Report
as “as-found” measurements. Measurements of the listed items shall also occur while the engine-generator set is being assembled, as-appropriate, and included in
the Final Report as “as-left” inspection and measurements.
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1. Outboard Pedestal Bearing Clearance between Engine and Generator
2. Engine-Generator Alignment
3. Crank Shaft Web Deflection and Connecting Rod run-out
4. Valve, Spring, and Rocker Arm clearances
5. Thrust Bearing Clearances
a. Crank Shaft
b. Cam Shafts
c. Turbocharger
6. Radial Bearing Clearances
a. Crank Shaft
b. Cam Shafts
c. Connecting Rods
7. Bushings Condition and Clearances
a. Connecting Rod End
b. Piston Pin
8. Piston and Piston Ring Condition and Clearances
9. Piston Ring Gaps
10. Cylinder Liner Condition and Measurements
MECHANICAL
4.2.1 GENERAL
A. The Contractor shall overhaul the Engine-Generator Sets in accordance with industry best practices and any information that can be obtained from the OEM.
B. During the overhaul, the Contractor shall apply any required lubricants, anti-seize, or other compounds to fasteners or contact surfaces to achieve the required fastener tightening specifications and to prevent galvanic corrosion.
4.2.2 CYLINDER HEADS
A. The Contractor shall remove all valve (rocker) covers and clean, inspect, and repair. Replace mounting bolts. Store so as safeguard from scratching, denting, and
marring the sealing surfaces of the Head itself.
B. The Contractor shall perform dye penetrant testing to all cylinder head surfaces, to check for surface cracks and defects. Pre-cleaning, application of penetrant, excess
penetrant removal, application of developer, inspection, and post cleaning to be
followed per the dye penetrant’s manufacture instructions.
1. The Contractor shall overhaul all cylinder heads, as specified below.
C. The Contractor shall resurface all head sealing surfaces using appropriate methods to achieve, as a minimum, Ra 32-64 finish, with the flatness required for proper sealing. The Contractor shall use only new Head Gaskets when reinstalling the
overhauled heads.
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J-135B – Scope of Work A-1 Page 8 of 24
D. The Contractor shall inspect and replace the intake and exhaust valve springs with new OEM Parts. Measure and record free heights of all valve springs, old and new;
test and record spring rates of new springs to ensure they are correct and report in Final Report.
E. The Contractor shall inspect and replace all intake, exhaust, starting air, and fuel
gas isolation valves with new OEM Parts. The Contractor shall also include in the final report, any build-up, scoring, pitting, or other abnormal surface conditions of the valves, noting which vales specifically the condition occurred and include
pictures.
F. The Contractor shall inspect and replace all valve guides and valve seat inserts. The Contractor shall also include in the final report, any build-up, scoring, pitting, or other abnormal surface conditions of the valves, noting which vales specifically the condition occurred and include pictures.
1. Ensure proper fitment of the valve guide to cylinder head and valve stem to valve guide.
2. Lap intake, exhaust, air, and gas valve seats, as required, to match new valves and obtain the required sealing and contact requirements and clean thoroughly.
G. Upon reassembly of each Cylinder Head, after making the necessary adjustments, the Contractor shall leak test all intake, exhaust, air, and gas valves. Measure and record sealing pressures and leak down rates for each valve, for OC San Engineer review and acceptance. Included this data in the Final Report as well.
H. The Contractor shall inspect and replace all seals and gaskets on the Cylinder Head with new.
I. The Contractor shall inspect and replace bushings and rocker arm shafts, on all rocker arm assemblies, with new, ensuring to properly orient, machine, and test them.
J. The Contractor shall inspect and replace all hydraulic lifters, tappets, locknuts, and adjusting screws, with new. Hone the tappet bores to remove any scuff or wear
marks, maintaining required clearance and surface finish requirements. Adjust the hydraulic lifters per OEM specifications.
K. During reassembly of the engine, prior to start-up, the Contractor shall measure, adjust, and set the rocker arm to valve lash, as required.
L. OC San will provide the Contractor with new jet cells for each engine covered under this Scope of Work.
M. The Contractor shall disassemble, replace, and reassemble all breather hoses and filters on the cylinder heads ensuring suitable sealing performance is achieved with new gaskets.
N. The Contractor shall disassemble, replace, reassemble all water jumpers, connections, and accessories, rebuilding and resurfacing connections as necessary to achieve a minimum surface finish of Ra 125-250 and satisfactory sealing performance, including new gaskets.
O. The Contractor shall reassemble the Cylinder Heads and supporting systems, piping, and connections. Pressure test all systems individually, using process specific media per ASME PCC-2 for repaired systems; and ASME B31.1 for new or newly welded systems, for a duration of one (1) hour minimum, and correcting leaks
or deficiencies as required per the applicable standard.
J-135B – Scope of Work A-1 Page 9 of 24
4.2.3 ENGINE FUEL SYSTEM
A. The Contractor shall disassemble, inspect, clean, repair, reassemble, and test the
Fuel Gas Header, Fuel Gas Balancing Valves, pilot gas lines, and other related piping system components. The Contractor shall also disassemble, rebuild, and reassemble the Gas Regulator with new consumable parts and internals.
B. The Contractor shall clean the Kiene valves through appropriate means, to ensure proper function and sealing.
4.2.4 CYLINDER LINERS
A. The Contractor shall remove, inspect, measure, and replace all Cylinder Liners with new virgin Nitride coating that meet the necessary requirements for circularity (out of roundness), porosity, taper, and cleanliness. Record data in the Final Report. Out of spec cylinder liners shall not be accepted by the Contractor who shall notify the OC San Engineer of any delays to the schedule while replacement liners are procured.
B. The Contractor shall remove, inspect, and replace liner seals, O-rings, gaskets, and bellow type seals (Wrinkle bellies), to meet or exceed OEM specifications.
C. The Contractor shall measure and verify the cylinder bore clearances are re-set as required. The Contractor shall measure and record the cylinder liner to block height after liner installation, OC San will witness, prior to installing the head, orienting the seal drain plug side coincident with the crankcase door.
4.2.5 ROTATING ASSEMBLY (CRANKSHAFT, CONNECTING RODS, AND PISTONS)
A. Prior to engine disassembly, the Contractor shall measure and record all throws of the Crankshaft and their respective web deflections. Record data in the Final Report. Report to OC San any abnormal readings and include the findings in the Final Report. During reassembly, and before installing the flywheel, remeasure and
record the crankshaft web deflections, ensuring that the crankshaft is properly seated on the main bearings. After installation of the flywheel, remeasure crankshaft web deflections and record in Final Report. At all times, the web deflections shall be
within the OEM specifications, and recorded in the Final Report.
B. The Contractor shall inspect the Crankshaft examining the entire length and journals for defects such as surface fatigue, cracks, heat stress, damage, and wear. Keep
track of component locations, as it is pertinent that they are reinstalled into their original locations. If major issues are found, the Contractor shall bring to the attention of the OC San Engineer immediately, and in writing.
C. The Contractor shall remove, disassemble, clean, inspect, refurbish, reassemble, and reinstall all Pistons, Master Rods and Articulated Rods, journals, caps, bearings, bushings, dowels, and pins. The Contractor shall record and report in the Final Report, any faults or damage to these components, including but not limited to, signs of pre-ignition or detonation on the pistons, for example. The Contractor shall bring to the immediate attention of the OC San Engineer any major faults or damage that will require extensive repairs or replacement of components.
1. Bearing and bushing clearances shall also be recorded and reported in the Final
Report, for the old and new parts. Ensure that oil passageways are properly oriented, cleaned, and unobstructed, prior to installation.
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D. The Contractor shall remove and perform Non-Destructive Testing (NDT) on Pistons, Master Connecting Rods, Articulated Rods, Bearing Caps, Bushings, and
Bearings. OC San will witness ultrasonic testing.
1. The results of the NDT findings to be compared to historical scans, recorded, and included in the Final Report. If major issues are found, the Contractor to bring to
the attention of the OC San Engineer immediately, and in writing.
E. The Contractor shall NDT on Crank Shaft. OC San will witness NDT.
F. The Contractor shall also remove, inspect, clean, and refurbish the crankshaft
counterweight assemblies. All counterweight studs and nuts shall be replaced with new, and the crankshaft counterweight stud mating threads shall be refurbished as needed. Stake the studs and nuts per SD-132, using a staking tool and staking as detailed, and after properly torquing the nut as specified. (See Appendix A-1)
G. The Contractor shall replace and install all Master Connecting Rod and Articulated Rod bushings and bearings with new OEM ones, maintaining the required OEM stated clearances and surface requirements. Record the final bushing and side clearances and include in the Final Report. No filing or shimming is permitted on the rods, bearings, or bearing caps.
H. The Contractor shall measure, inspect, replace, adjust, and reassemble all Main Bearings and Connecting Rod bearings, with new. Record the as found and final journal to bearing circumferential, side, running clearances, include in the Final Report. OC San will provide the special tool required to remove the Thrust Bearing.
1. The Contractor shall note in Final Report conditions of the Main Bearings,
Thrust Bearing, bearing shells, and hardware as found during disassembly. Items to be noted in the Final Report include but are not limited to wear patterns, bright spots, fretting, pitting, remaining thickness, and clearance measurements.
2. During reassembly of the engine, ensure all Main Bearing Caps are reinstalled into their original locations. Replace the installation pins and ensure all oil passageways are properly cleaned and aligned. Record the final stud stretch,
using new studs and locknuts leaving appropriate witness marks for inspection during regular services.
I. The Contractor shall inspect the piston and articulated rod journal for signs of
surface fatigue, cracks, heat stress, damage, wear, and repair. No grinding of rod journals is permitted, only minor polishing is allowed. If major issues are found, the Contractor shall bring to the attention of the OC San Engineer immediately.
J. During reassembly of the engine, the Contractor shall install the Rod Bearing Caps, measuring the stud stretch and tightening as required. Record the final stud stretch,
and include in the Final Report, marking or replacing the locknuts as previously described, per OEM requirements for material strength considerations.
K. The Contractor shall remove, replace, and reassemble all piston rings with new. Inspect Piston groove dimensions for wear, chips, and cracks. Measure and record the as found ring gaps, as well as, the final ring gaps and clearances.
L. The Contractor shall replace and reinstall all Piston wrist pins with new ones.
Record the final clearances and include in the Final Report.
J-135B – Scope of Work A-1 Page 11 of 24
4.2.6 GENERATOR OUTBOARD BEARING
A. The Contractor shall remove, inspect, measure, and record as-found Generator
Pedestal Bearing, bearing and journal clearances, and oil ring condition. Include inspection results in the Final Report. Clean and refurbish the oil rings, replace the dust seals, and replace the pedestal bearings, ensure proper clearances are
maintained. Special care shall be taken to ensure that a non-conductive path from the bearing to ground is maintained, during the rehabilitation of the pedestal bearing, as detailed in the OEM specifications.
4.2.7 CYLINDER BLOCK AND CENTER FRAME
A. The Contractor shall lift the V-blocks off the center frame. Clean all gasket surface areas and inspect V-blocks for cracks, defects, and abnormalities. Repair all deficiencies and ensure proper sealing and operation. Replace all gaskets and seals with new and reassemble.
1. The Contractor shall replace all cylinder head mounting studs with new.
B. The Contractor shall lift the Center Frame off the base engine block, clean all sealing surfaces and inspect for any cracks, defects, and abnormalities. Repair all deficiencies and ensure proper sealing and operation. Replace all gaskets and seals with new and reassemble.
1. During this process, the Contractor shall also check the alignment of the engine base to ensure flatness and straightness and adjust accordingly.
2. Check torque on block to center frame bolts and foundations bolts. Record all measurements with checklist, witness by OC San.
C. The Contractor shall clean Engine Center Frame and Crankcase by OC San accepted method. After cleaning, the Contractor shall inspect the crankcase for cracks by magna-flux method or equivalent and repair all damages with accepted
procedures. Main saddles, cam bores, and cylinder bores shall be inspected, measured, and recorded in the Final Report
D. The is the possibility that rewiring and degaussing of engine block components will
be needed. The Contractor shall include this in their cost estimate and shall credit back to OC San if not needed.
E. The Contractor shall replace all seals, O-rings, packing support rings, wipers, and gaskets, with new.
F. The Contractor shall replace all crankcase breather hoses and components with new.
G. The Contractor shall replace all interior crankcase hoses including main bearing oil hoses. After installation of new hoses, main lube oil piping to engine and main lube oil header inside of the crankcase shall be removed, thoroughly cleaned, and reinstalled.
H. The Contractor shall refurbish and rebuild all crankcase vent relief doors with new O-rings and gaskets.
I. The Contractor shall replace gaskets for jacket water supply header connection to block. Repair the outboard Jacket water supply header mating surfaces, as required
for proper sealing.
J-135B – Scope of Work A-1 Page 12 of 24
4.2.8 CAMSHAFTS AND ACCESSORIES
A. The Contractor shall remove, inspect, disassemble, refurbish, reassemble, and
reinstall both camshafts. Refurbishment of camshaft and replacement of cam lobes if needed will be part of optional pricing cost.
1. Measure and record all as found camshaft bearings and thrust clearances in the
Final Report. Replace the camshaft bearings on both camshafts, with new, and set the proper clearances, record in the Final Report. Inspect for abnormal wear of the camshaft, and all lobes, followers, and attachments (i.e., cam hub, gear,
thrust blocks, wear block).
2. Contractor shall replace all cam lobes(intake and exhaust strokes), followers, and cam bearing block nuts.
3. OC San reserves the right to replace or reuse existing camshaft upon preliminary inspections. Replacement of these camshafts shall be determined during preliminary inspections.
B. The Contractor shall replace the Woodward governor with a rebuilt governor, supplied by OC San, as required.
1. The Contractor shall inspect the Governor drive shaft, housing bushings, and bevel gear for wear, and set gear backlash as required.
2. The Contractor shall rebuild Governor Drive new chains, bearings, bushings, and sprockets.
3. The Contractor shall replace all rod ends on all governor linkages. Set linkage to approximate position and make final adjustments upon engine at start up.
C. The Contractor shall replace main drive chain, sprockets, and bearings. Adjust as required.
1. The Contractor shall replace tensioner bearing and sprocket assembly.
2. The Contractor shall Inspect all drive gears for wear and replace if needed.
D. The Contractor shall remove and replace alternator with new OEM Certified Hall Effect Switch Upgrade.
E. The Contractor shall remove all fuse rods and replace with new on Main Bearings and Master Rod Bearings. (One for each main bearing and two for each master rod bearings)
F. The Contractor shall rebuild the Rod Bearing trip vent valves and set the clearances between the trip arms and fuse rods, as required.
G. The Contractor shall inspect the auxiliary service drive gears for excessive wear,
replace if needed. Replace bearings and seals. Provide a written report to OC San of all deficiencies, and recommendations after inspection is complete and send to the OC San Engineer. OC San acceptance is required, prior to reinstallation of drive assembly. Include this report into the Final Report as well.
4.2.9 OIL SYSTEM
A. The Contractor shall remove, disassemble, inspect, clean, and rebuild the engine driven main lube oil pump, piping, and supporting subassemblies and reinstall with new bushings and gaskets.
1. The Contractor shall ensure oil passageways are aligned properly, bushings have required running clearances, fasteners are torqued properly, and that the oil pump is properly aligned to the crankshaft.
J-135B – Scope of Work A-1 Page 13 of 24
2. The Contractor shall ensure the drive chain is tensioned properly.
B. The Contractor shall inspect, repair, flush, and clean all suction and lube oil piping
for the engine.
C. The Contractor shall replace the six-inch (6”) main lube oil check valve.
D. The Contractor shall replace Turbo lube oil filter canister assembly with new OEM
Certified spin-on oil filter upgrade.
E. The Contractor shall inspect and clean the lube oil cooler. The Contractor shall also pressure test for leaks and reassemble with new gaskets.
F. The Contractor shall replace all lube oil filter elements, O-rings/ gaskets and inspect and clean strainers.
G. The Contractor shall inspect oil headers, replace all lube oil fittings, and lube oil hoses.
H. The Contractor shall replace the Turbo, Lube Oil, and Jacket Water AMOT Thermostat valves and O-rings.
I. OC San will supply the project with the required new oil need for overhauled engines.
1. OC San Reliability group will perform acceptance testing of the new oil.
J. Upon engine start-up, the Contractor shall ensure the oil pressure relief valve is set precisely as required by OC San.
4.2.10 INTAKE, EXHAUST, AND STARTING AIR SYSTEMS
A. The Contractor shall remove, inspect, and clean the intake air manifolds.
1. Disassemble piping and examine all portions and connections for cracks, deficiencies, and damage. Repair if required (at additional cost to OC San) per ASME PCC-2 Repair of Pressure Equipment and Piping. Install new seals and gaskets.
B. The Contractor shall remove, inspect, and clean the exhaust manifold.
1. Disassemble piping and examine all portions and connections for cracks, deficiencies, and damage. Repair if required (at additional cost to OC San) per
ASME PCC-2 Repair of Pressure Equipment and Piping. Install new seals and gaskets in the main exhaust manifold (large) and cylinder head flange connections, and (reinsulate) exhaust manifold sections from the engine.
2. The Contractor shall replace all exhaust manifold slip flanges (small) with new.
C. The Contractor shall remove waste gate valve and reinstall with new gaskets.
D. The Contractor shall remove the turbocharger from the engine and install a
refurbished turbocharger supplied by OC San.
E. The Contractor shall inspect and refurbish the air start distributor for proper operation. Replace the coupling between the distributor and splined shaft. Inspect all air start tubing to the bank manifolds, replace if needed. After reassembly of the unit, verify the proper timing of the air distributor to the cylinders.
F. The Contractor shall rebuild the Air Starting valves with new piston rings and valves. Finish the valves by lapping to a minimum finish of Ra 32-64 minimum and set to the correct opening clearance.
J-135B – Scope of Work A-1 Page 14 of 24
G. The Contractor shall rebuild the fuel gas changeover valve with new gaskets and seals. Verify the valve clearances are re-set correctly and record readings in Final
Report.
H. The Contractor shall disconnect and remove intercoolers and piping from the engine. Upon disassembly, inspect all sections disassemble, inspect, clean, repair,
and pressure test per ASME PCC-2.
I. The Contractor shall remove, inspect, refurbish, and clean turning gear assembly and reassemble, supplying parts, as needed.
J. The Contractor shall clean, prepare, and paint all portions of the previously identified engine components, matching the original color.
4.2.11 SAFETY AND PROTECTIVE SHUTDOWN COMPONENTS
A. The Contractor shall remove and refurbish the over-speed shutdown device and its associated system components including, but not limited to, actuator rod, springs, seals, lever, pneumatic valve, and solenoid. Calibrate trip device properly and reassemble.
B. The Contractor shall remove, replace, and reinstall all main bearing temperature detectors, connecting rod temperature detectors, vent valves and tubing, gas shut- off, and turbocharger thrust bearing failure detectors.
C. The Contractor shall remove, replace and adjust all vibration transducers.
D. The Contractor shall remove, refurbish, and confirm calibration on all Crankcase Pressure Switches.
E. The Contractor shall replace all primary ignition wiring from the existing Altronics junction box to each ignition coil. Existing raceways may be reused if in good condition. Replace conduit fittings and seal-tight flex conduits.
1. The Contractor shall replace all sparkplug wires with new.
OILS, LUBRICANTS, SOLVENT, AND THREAD LOCKING LIQUID
A. All oils, greases, slurries, dyes, lubricants, and thread locking compounds used in the engine overhauls, shall be supplied by the Contractor, unless otherwise noted in
this Scope of Work, and shall be applied in accordance with the manufacturer’s recommendations, according to the following list of acceptable compounds (or equal, per acceptance by the OC San Engineer). The Contractor shall Include a list, in the
Final Report, of the actual products used, where they were used, and the approximate quantity used.
1. Anti-seize compound – Ease-Off 990
2. Adhesive sealant – General Electric RTV-106
3. Jointing compound – Marston-Bentley Hylomar PL32
4. General purpose grease – Lubriplate 630
5. Assembly paste – Dow Corning Molykote G-N
6. Thread locking liquid – Loctite #271
7. Heavy lubricant – S.T.P
8. Fitting Compound – Prussian Blue
9. Water Mix Lapping Compound
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INSTRUMENTATION
A. The Contractor shall remove, replace, calibrate, test (including wiring and loop checks), reinstall, and commission all Instruments and actuators required to perform all work detailed herein and shall result in a complete working system. The Contractor shall include all documentation of testing and calibration in the Final Report. The minimum required instruments are identified in Appendix A-5 Checklist for Instrumentation and shall be installed as to protect against damage due to vibration. Contractor shall replace all wiring to instruments and repair any damaged
conduits, as required. Appendix A-5 shall be used by the Contractor to field verify the functionality of the engine instrumentation before and after the engine-generator set overhaul is complete, with OC San to witness. All Instruments shall be calibrated and tested per the latest ISA standards and as outlined in Appendix A-6 Instrument Checking and Commissioning Requirements and using the Beamex test equipment and software, where applicable.
1. The Contractor shall perform the preliminary function checks and record, using the proper forms, as-found calibrations of each of the listed instruments with OC San witnessing.
a. Any non-functional or malfunctioning instruments shall be replaced with new. OC San will handle the procurement of the replacement instrument via a MAXIMO service request. Once OC San receives the replacement
instrument, the CONTRCTOR shall install and perform the required loop checks, testing, and calibration as required above.
2. The Contractor and OC San shall sign/date the proper forms for each preliminary function check, with electronic copies of the forms submitted to OC San Engineer.
3. After the preliminary function checks are completed, Contractor can proceed per the project, Section a above.
4. The Contractor shall perform the post-install function check and record, using proper forms, as-left calibrations of each of the listed instruments with OC San
witnessing.
a. Any non-functional or malfunctioning instruments shall be replaced with new. OC San will handle the procurement of the replacement instrument via a
MAXIMO service request. Once OC San receives the replacement instrument, the CONTRCTOR shall install and perform the required loop checks, testing, and calibration as required above
b. Contractor and OC San shall sign/date the proper form for each post- installation function check completion, with electronic copies of the forms submitted to OC San Engineer and included in the Final Report.
B. The Contractor shall replace only as needed (OCSD to supply any needed parts) all relief valves, temperature elements, pressure gauges identified in Appendix A-5.
5. CONTRACTOR RESPONSIBILITY
GENERAL
A. The Contractor shall submit to OC San a 3-week project look ahead on a weekly
basis until project completion. This weekly update shall also show key milestones for completion of the subject engine. B. The Contractor shall submit all rebuild procedures and data sheets to OC San for
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review and acceptance, prior to work execution. C. The Contractor and their personnel assigned to this Contract, shall have adequate
direct experience for this work, with direct experience in overhauls of similar Cooper- Bessemer Engines, for this Scope of Work. Any personnel substitutions after award shall only be done with advanced written acceptance by OC San.
D. The Contractor and their personnel assigned to this Contract, shall have adequate direct experience for this work, with direct experience in overhauls of similar Ideal Electric Generators, for Exhibit A-2 Generator Scope of Work. Any personnel
substitutions after award shall only be done with advanced written acceptance by OC San. E. The Contractor shall complete the Scope of Work as described and supply all new parts required. F. Though not comprehensive or all inclusive, a list of required new parts and components that shall be provided by the Contractor is specified in Required New Mechanical Parts List (Appendix A-2). All new parts supplied by the Contractor shall be OEM parts. Unless specifically mentioned as needing replacement or repair elsewhere in this Scope of Work, all components and parts found defective during overhaul, or in need of repair, will be classified as extra work and will require acceptance from the OC San representative(s) prior to replacement. G. All Deliverables detailed in Section 8 of this Scope of Work for the Engines and Section 8 of Exhibit A-2 Scope of Work for the Generators.
RIGGING, DISASSEMBLY, REMOVAL, AND REASSEMBLY
A. In the event the Contractor requires the use of the OC San overhead crane, the Contractor shall submit the OC San RELEASE FOR OVERHEAD CRANE (Appendix A-8). B. The Contractor shall provide trained staff, tools, rigging, equipment, and materials necessary to disassemble and remove the Engine and Generator components from their bases and prepare them for onsite repair and transportation to the Contractor’s shop facility or alternate location. C. The main overhead crane in the Plant No. 1 and 2 CENGEN Engine Room has a capacity of 20-Tons and may be used for disassembly and removal of the Engine and Engine and Generator main components. The Contractor shall review the Engine and Generator manufacturer’s lifting recommendations and shall provide all required lifting equipment, such as slings and spreader bars.
D. The main floor of the Plant No. 1 and 2 Engine Room has a Maximum Floor Load rating of 300-pounds per square foot. The Contractor’s rigging and loading efforts shall be accomplished while staying within this floor loading limitation when moving
components and loaded vehicles. E. Approximate weights of major Engine components for the LSVB-16 are shown in the Table below, as a convenience only. The Contractor shall confirm weights prior to
using for calculations, lifting plans, shipping: ENGINE COMPONENT DESCRIPTION Weight (lbs.)
ET18 TURBOCHARGER, COMPLETE 2,600
ET18 TURBOCHARGER ROTOR 165 FLYWHEEL 14,610 PISTON (WITH RINGS) 380 ARTICULATED CONNECTING ROD 282 MASTER CONNECTING ROD 920
MASTER CONNECTING ROD BEARING CAP 175
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ENGINE COMPONENT DESCRIPTION Weight (lbs.)
MAIN BEARING CAP 125
CYLINDER HEAD, COMPLETE LESS COVER 1,135
EXHAUST MANIFOLD, SECTION 2,930
AIR INTAKE MANIFOLDS, EA. 1,360
OUTBOARD BEARING AND STAND 3,200
F. Approximate weights of major Generator components are shown in the Table below. The Contractor shall confirm weights prior to using for calculations, lifting plans,
shipping: GENERATOR COMPONENT DESCRIPTION Weight (lbs.)
GENERATOR MAIN STATOR 28,600 EXCITER STATOR 1,000 GENERATOR SHAFT 12,000
GENERATOR MAIN ROTOR 24,000
EXCITER ROTOR 600
TOTAL ASSEMBLED GENERATOR 54,200
G. After the Engine and Generator components have been removed, the Contractor shall clean the sole plates, take precise measurements of the plates, and record the degrees of flatness and parallelism between them. The Contractor shall submit these measurements to the OC San representative, right after its completion and in the Final Report. H. The Contractor shall properly secure, block, and support engine and generator components to prevent damage during storage, and secure to prevent unintended movement, putting in place both passive and active controls to always ensure safety of personnel. It is pertinent that the Contractor follow all OSHA standards during the entire duration of this project, as a minimum, and, that potential unintended
movement(s) and energy is addressed or eliminated. This can include eliminating the propensity of reactions to occur, removing energy sources, or putting in controls to prevent hazards and injuries from occurring.
TRANSPORTATION
A. The Contractor shall provide sufficient supports and bracing for Engine and Generator and their components against motion, physical shock, and impacts during
transport over local streets and major interstate highways alike. The Contractor shall provide full protection against all-weather elements. B. The Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all equipment and goods deemed necessary under this Contract. C. The Contractor shall be liable for any damage that occurs during any transport of
the Engine and Generator equipment.
REASSEMBLY AND ALIGNMENT
A. After transporting all repaired and reassembled components back to the respective OC San CENGEN Building, Plant No. 1 or Plant No. 2, the Contractor shall reassemble the engine and generator components in its original location. The Contractor shall perform precise machine alignment of the engine to generator and
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recouple the generator shaft to the mating face of the engine flywheel. The Contractor shall perform a complete train re-alignment, according to OEM
Specification SC-28-11. (See Appendix A-1)
ENGINE-GENERATOR ACCEPTANCE TEST RUN
A. Upon completion of work on the engine and generator, final acceptance and functionality checks shall be performed by the Contractor, prior to commissioning according to this Scope of Work and all Appendices. OC San Operations will support the Contractor to provide the necessary start-up, break-in, cylinder pressure
and temperature balancing, and commissioning support of the engine components and proceed to run the engine generator set under full load conditions for 96 hours per Engine Startup Procedure Requirement and Final Checklist (Appendix A-7). The
Contractor shall have field staff available to assist OC San during this test run. B. Any anomalies or failures in the Engine Generator set performance revealed at any time during the test period shall result in the test being terminated. If the problem is
determined by OC San to be caused by the Contractor’s work, the Contractor shall correct the problem to the satisfaction of the OC San. The test run shall then be restarted for another 96-hour period. OC San will consider the Acceptance Test to
be completed after successfully running 96 hours without Engine or Generator related problems, abnormalities, or deficiencies per Engine Startup Procedure Requirement and Final Checklist (Appendix A-7). C. The Contractor shall perform all work in accordance with accepted written procedures. The procedures shall include instructions for mechanics, a quality control plan, and a record keeping plan for recording all performed work and measurements taken. The Contractor shall submit the procedures to OC San for acceptance before the work begins. The Contractor shall provide “as found” and “as
left” data, measurements, findings, and report in the Final Report as required herein. 1. The Quality Control Plan shall include a description of the Contractor’s procedures for:
a) Calibrating test and measurement equipment, including Calibration Records and Documentation b) Establishing work procedures c) Maintaining compliance to work procedures d) Monitoring quality of work
e) Training of staff 2. The record keeping plan shall include the Contractor’s procedures for: a) Taking and recording data b) Organization and retention of records c) Transmittal to OC San for review and acceptance. 3. The data sheet part of the procedures shall provide documentation on all
readings, measurements, findings, test results, observations, and recommendations. The data sheets shall be reviewed with OC San staff weekly and be formatted in Microsoft Excel, Version 2010 or later. The data sheets shall
be included as part of the Final Report. All readings shall include “as found” and
“as left” condition. 4. The mechanical data sheets, at a minimum, shall include the following
information for the engine components, and as required per this Scope of Work.
Datasheets shall include all “as found” and “as left” measurements: a) Gas valve settings b) Measurements of all four main valves, for each cylinder head: intake and exhaust c) Measurements of exhaust and intake valve head thickness
5.5
J-135B – Scope of Work A-1 Page 19 of 24
d) Measurements of exhaust and intake valve guides e) Intake, exhaust, and gas valve seat width f) Intake and exhaust seat I.D. and width required g) Intake and exhaust seat Outer Diameter (O.D.) required
h) Leak down rate of reassembled pistons, gas valves, air valves, and
intake/exhaust valves i) Cylinder liner to block height measurements
j) Cylinder liner Inner Diameter (I.D.) measurements k) Main bearing clearances l) Rod bearing clearances m) Camshaft bearing clearances n) Camshaft thrust clearances
o) Crankshaft thrust clearances p) Outboard bearing clearances q) Articulated Rod bushing to pin clearances
r) Rod bearing cap Extensometer stud stretch s) Main bearing cap Extensometer stud stretch t) Center Frame and Cylinder Block NDE report u) Master Rods Ultrasonic Measurements v) Web Deflections w) Outboard bearing clearance x) Generator, exciter air gap clearances y) Final Engine to Generator alignment
6. AVAILABLE RESOURCES
REFRENCE DRAWINGS
A. Appendix A-1, Cooper-Bessemer LSVB Gas Engine Instruction Manual, is being provided by OC San in addition to the below tables of P&ID drawings, Appendix A- 4.
Plant 1 Generator 1 Source Drawing No. Drawing Title
OC San 16B-NP-160 Generator Control System
LSVB-12-SGC Plant 1 Engine 3
Source Drawing No. Drawing Title
OC San 16D-NP-110 Turbo Control System
OC San 16D-NP-120 Engine Control System
OC San 16D-NP-140 Fuel Supply System
OC San 16D-NP-150 Lube Oil System
OC San 16D-NP-160 Generator Control System
LSVB-16-SGC Plant 2 Genset 5 Source Drawing No. Drawing Title
OC San 26F-NP-110 Turbo Control System
OC San 26F-NP-120 Engine Control System
OC San 26F-NP-140 Fuel Supply System
OC San 26F-NP-150 Lube Oil System
OC San 26F-NP-160 Generator Control System
LSVB-16-SGC Plant 2 Genset 1 Source Drawing No. Drawing Title
6.1
J-135B – Scope of Work A-1 Page 20 of 24
Plant 1 Generator 1 Source Drawing No. Drawing Title
OC San 26B-NP-110 Turbo Control System
OC San 26B-NP-120 Engine Control System
OC San 26B-NP-140 Fuel Supply System
OC San 26B-NP-150 Lube Oil System
OC San 26B-NP-160 Generator Control System
LSVB-16-SGC Plant 2 Genset 3
Source Drawing No. Drawing Title
OC San 26D-NP-110 Turbo Control System
OC San 26D-NP-120 Engine Control System
OC San 26D-NP-140 Fuel Supply System
OC San 26D-NP-150 Lube Oil System
OC San 26D-NP-160 Generator Control System
PHYSICAL RESOURCES
A. OC San will provide the followings:
1. Overhead crane
2. Access to electrical supply (120V)
3. Shop compressed air <90psi
B. The Contractor shall be responsible for providing the following at a minimum, for their own use and in accordance with Appendix A-9, Specification Section 01520:
1. Cooper will be allowed to utilize site restrooms
2. Telephone(s)
3. Air Supply over 90psi
4. Trailer(s)
OC SAN STAFF
A. The Contractor’s Staff shall be available to support the OC San Staff for LOTO support if need.
B. OC San Engineer will schedule site visit(s), as necessary, at the Contractor’s shop facility during the progress of refurbishment and repair work to monitor and inspect
the Contractor’s work.
C. 7. PROJECT SCHEDULE
A. The Contractor shall provide a detailed schedule for each of the engine-generator sets based on the order of the engine-generator set overhauls, which shall be as follows: Plant No. 1 Generator 1, Plant No. 1 Gen-Set 3, and Plant No. 2 Gen-Set 5, 1, and 3, respectively.
1. Contractor shall submit to the Engineer a minimum of 60-Days’ notice shall be given to schedule AQMD testing of the Gen-Set with OC San’s Regulatory Specialist. OC San will notify the Contractor when successful completion of the
AQMD testing is complete, and work can begin for next Gen-Set.
J-135B – Scope of Work A-1 Page 21 of 24
2. The Contractor shall complete all Generator 1 work within 4.5 months after effective date of Notice to Proceed.
3. The Contractor shall complete all work, including the 96-hour acceptance test for each Gen-Set, within nine (9) months after release of Gen-Set to Contractor by OC San.
8. DELIVERABLES
PROJECT SCHEDULE
A. The Contractor shall provide an updated, detailed schedule for each Engine-
Generator set 30 Days prior to the start of work on each set.
B. The Contractor shall submit:
1. Format: MS-Project through PMWeb
2. Draft baseline schedule within 30 Days after Notice to Proceed
3. The Contractor shall setup a workshop to review draft baseline schedule
4. The Contractor shall submit the Final Baseline schedule within 30 Days after
receipt of OC San comments
5. Updated project schedule shall be submitted with each project invoice
6. Three-Week look-ahead schedule, in excel format and delivered at each weekly
progress meeting.
SUBMITTALS
A. The Contractor shall submit the following submittals. Submittal content and deadlines are detailed in each section.
B. All submittals shall be submitted through PMWeb. Refer to Appendix A-9, Specification Section 01701 for requirements.
8.2.1 OC SAN OVERHEAD CRANE RELEASE
A. Shall be completed and retuned to OC San and accepted prior to any work under this contract involving the overhead cranes.
8.2.2 INITIAL TESTING PLAN
A. The Contractor shall submit an initial testing plan for the items listed in Section 4.1.1, as a minimum. Plan shall include, at a minimum, testing methodology, measurement equipment to be used, and data points to be taken.
B. The Contractor shall submit the initial testing plan 21 Days prior to scheduled testing.
8.2.3 “AS-FOUND” REPORT
A. The Contractor shall submit to the OC San Engineer the results of the initial testing
in Section 4.1.1.
B. The Contractor shall submit this report immediately upon completion of testing to allow work on the engine to commence as scheduled.
8.2.4 PARTS REPLACEMENT DOCUMENTATION
A. The Contractor shall submit the required documentation for new parts as referenced in Section 3.1.C of this Scope of Work.
8.1
-8.2
J-135B – Scope of Work A-1 Page 22 of 24
B. The Contractor shall submit this documentation a minimum of 30 Days prior to the procurement of new parts.
8.2.5 QUALITY CONTROL PLAN
A. The Contractor shall submit a Quality Control Plan as referenced in Section 5.5.C and subsections of this Scope of Work.
B. The Contractor shall submit this Quality Control Plan 30 Days prior to the start of work on each engine-generator set.
8.2.6 FINAL REPORT
A. The Contractor shall submit a Final Report for each Engine-Generator Set.
B. This Final Report shall contain, at a minimum, all measurements, testing, observations, notes, and work required under this Engine Scope of Work, Exhibit A-
1, and Generator Scope of Work, Exhibit A-2.
C. The Contractor shall make available, in electronic form, the Final Report at any time the OC San Engineer requests.
D. The Contractor shall submit the Final Report within 14 Days of final acceptance of the Work for each Engine-Generator Set.
1. OC San will review and return any comments on the Final Report to the Contractor within 14 Days.
a. If comments require the Final Report to be revised, the Contractor shall return the Final Revised Report to OC San within 14 Days of receipt of OC San comments. 9. SAFETY AND HAZARDOUS MATERIALS
OSHA AND OC SAN SAFETY
A. The Contractor shall follow all OSHA and OC San safety requirements and procedures.
B. The Contractor shall maintain on site, Safety Data Sheet documentation of all hazardous substances and materials introduced or generated by the Contractor and Subcontractors and communicate said documentation with the Contractor’s supervision, craft workers, and employees prior to handling said substances or materials.
PLANT SAFETY AWARENESS
A. The Contractor shall be aware of the use of bleach, hydrogen peroxide, ferric chloride, acid, caustic soda, other hazardous materials, and potential presence of hazardous gasses in and around the plant.
B. There are various alarm systems installed to alert employees of hazardous conditions. The Contractor shall instruct its employees of these dangers and that they shall evacuate the area immediately should an emergency occur.
C. The Contractor shall be aware of the possibility of lead, Appendix A-11, and asbestos in various parts of the Engine-Generator Set and shall take appropriate measures to mitigate the creation of any hazardous dust or debris.
JOB HAZARD ANALYSIS (JHA)
9.1
9.2
9.3
J-135B – Scope of Work A-1 Page 23 of 24
A. Prior to commencing work, a Job Hazard Analysis shall be performed. The
Contractor shall attend a Job Hazard Analysis meeting in which OC San’s
Operations & Maintenance and Risk Management personnel will be involved. All safety issues shall be addressed, and verification shall be made that all safety measures shall be carried out and required safety equipment is available.
B. Refer to OC San Safety Policy SP-205, Electrical Safety, for a detailed description of the OC San's Control of Hazardous Energy policy and procedure. A copy of this policy will be given to the Contractor.
10. CONTRACT MANAGEMENT
PROJECT CONTROL MANAGEMENT SYSTEM
A. This project shall utilize PMWeb as the Project Control Management System. The Contractor shall utilize this system for all aspects of the work for this project as detailed in Appendix A-9, Specification Section 01701.
MEETINGS
A. All meetings shall be virtual, held through Microsoft Teams.
B. Kick off meeting: Prior to the commencement of work under this Contract, a meeting with OC San staff shall be held to establish appropriate contacts and review the
Contractor’s plan to implement this work. C. Weekly progress meetings: Shall be attended by OC San staff and the Contractor. Topics for discussion: review work in progress and receive comments. The formal
agenda shall be submitted with the previous meeting notes at least one (1) day prior to each meeting and shall include a 3-week look ahead schedule.
WORK HOURS
A. When working on OC San site, the Contractor may work 10-hour shifts between the hours of 6:00 AM to 4:30 PM, Monday through Friday. No work shall be performed on Saturdays and Sundays, or OC San observed Holidays without prior written acceptance from the OC San Engineer. 11. MONITORING OF WORK PROGRESS REPORTS
A. The Contractor shall submit monthly progress reports for review by the 1st of each month and shall include, at a minimum:
1. Current Activities
2. Future Activities
3. Potential out-of-scope items
4. Concerns and possible delays
5. Percentage of completion
12. WARRANTIES A. The Contractor shall warrant that the work performed will be free of defects in
materials and workmanship. A warranty period shall begin after the satisfactory
10.1
10.2
10.l
11.1
J-135B – Scope of Work A-1 Page 24 of 24
completion of an engine’s acceptance testing, following the satisfactory completion of an individual overhaul as detailed herein.
B. New OEM parts shall be warranted for one (1) year, after substantial completion of the Generator and Gen-Sets, and the Contractor shall be responsible for removal, installation, and shipping costs of replacement. Existing parts that are repaired,
machined, or otherwise overhauled, shall be warranted for 180 Days and the Contractor shall be responsible for removal, installation, replacement, and shipping costs of replacement. The warranty against defects in workmanship shall extend for
180 Days and the Contractor shall be responsible for correcting the defective work.
C. All warranty periods shall begin after satisfactory completion of engine and
generator’s mechanical, instrumentation and electrical completion, and acceptance
testing.
13. STAFF ASSISTANCE A. All communications shall go through OC San Engineer.
B. OC San will also have onsite technical representatives from maintenance, operations, and engineering departments during the entire duration of this project.
14. SCOPE OF WORK ATTACHMENTS
A. Exhibit A-2 Generator Scope of Work
B. A-1 Cooper-Bessemer LSVB Gas Engine Instruction Manual
C. A-2 Required New Parts
D. A-3 Generator Reference Drawings
E. A-4 Process and Instrumentation Diagram (P&ID) Reference Drawings
F. A-5 Instrumentation Checklist
G. A-6 Instrument Checking and Commissioning Requirements
H. A-7 Engine Start-up Procedure Requirement and Checklist
I. A-8 Overhead Crane Release
J. A-9 Project Specifications
1. 01520 Contractor Field Offices
2. 01600 Shipping Storage and Handling
3. 01701 Project Control Management System
K. A-10 OC San AQMD Permits
L. A-11 Lead Inventory
EXHIBIT A-2
Generator Overhauls
12 April 2022 J-135B – Scope of Work A-2 Page 1 of 7
TABLE OF CONTENTS
1. BACKGROUND ..................................................................................................................................... 2
2. GENERAL PROJECT DESCRIPTION .................................................................................................. 2
Contractor Qualifications ................................................................................................ 2
3. WORK ELEMENTS ............................................................................................................................... 2
General ............................................................................................................................. 2
3.1.1 Rigging, Disassembly, and Removal ..................................................................... 3
3.1.2 Transportation ........................................................................................................ 3
Sequence of Work. ........................................................................................................... 4
Generator LOTO and Disconnection ............................................................................. 4
Preliminary Inspection and Testing ............................................................................... 4
3.4.1 Inspections and MEasurments ............................................................................... 4
3.4.2 Testing ................................................................................................................... 4
Shop Services for Refurbishment of Generator Components ...................................... 5
3.5.1 Initial Shop Testing ................................................................................................ 5
3.5.2 Cleaning ................................................................................................................. 5
3.5.3 Parts Replacement ................................................................................................... 5
3.5.4 Rotating Rectifier Assembly .................................................................................. 5
3.5.5 Space Heaters ........................................................................................................ 5
3.5.6 Resistance Temperature Detectors (RTD’s) .......................................................... 5
3.5.7 Diagnostic Testing ................................................................................................. 5
3.5.8 Test Report ............................................................................................................ 6
Reassembly and Alignment .............................................................................................. 6
Installation of Equipment Covers .................................................................................. 6
Final Reassembly Electrical Testing .............................................................................. 6
Reconnection of Generator Leads. ................................................................................. 6
Final Engine-Generator Acceptance Test Run ............................................................. 6
4. RESOURCES AVAILABLE ................................................................................................................... 6
GENERATOR REFERENCE DRAWINGS ................................................................. 6
5. DELIVERABLES .................................................................................................................................... 7
Initial Testing Plan .......................................................................................................... 7
“As-Found” Report ......................................................................................................... 7
Quality Control Plan ....................................................................................................... 7
Generator Final Report ................................................................................................... 7
i.1
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
4.1
5.1
5.2
5.3
5.4
12 April 2022 J-135B – Scope of Work A-2 Page 2 of 7
The following information is technical information specific to the generators
at both plants. All other general information (Sections 6-14) related to this
project is applicable to BOTH engine and generator work at BOTH plants and
can be found on Exhibit A-1 Scope of Work.
1. BACKGROUND
A. The Central Generation (CENGEN) Facilities at OC San Treatment Plants No. 1 and 2 were completed in 1993 and 1990 respectively. Plant 1 consists of three (3)
reciprocating engine-generator sets, Cooper-Bessemer LSVB-12 SCG 12-cylinder engines driving Ideal Electric SAMB 12.47-kV 2,500-kW synchronous generators at 400 RPM. Plant 2 consists of five (5) reciprocating engine-generator sets, Cooper-
Bessemer LSVB-16 SCG 16-cylinder engines driving Ideal Electric SAMB 12.47-kV 3,000-kW synchronous generators at 360 RPM. These engine-generator sets have been in service for over 20 years and need to be overhauled.
B. The CENGEN Generators supply electrical power and satisfy the requirements in
OC San’s National Pollution Discharge Elimination System permit requirement for the reliability of the electric supply serving on-site electric loads. The CENGEN facilities are the primary source of electricity and thermal energy for treatment Plant No. 1 and 2, while Southern California Edison provides the backup source. While separate standby power generation is available for critical plant loads, the reliable operation of the CENGEN facilities is the key to assuring continuous operation of the process plants and to the prevention of sewage spills. 2. GENERAL PROJECT DESCRIPTION
A. The Contractor shall test, overhaul, refurbish, and repair as needed the generators for Generator 1 at Plant No. 1 and Engine-Generator Sets, 3 at Plant No. 1 and 5, 1, and 3 at Plant No.2. This Scope of work (SOW) details the overhaul of the Generator for each Engine-Generator set. Each of the generators uses a brushless, on-shaft field excitor and rotating rectifier assembly. Generator ratings, dimensions, and weights can be found in Synchronous Generator Reference Drawings (Attachment A-5). The mechanical portions (i.e. Outboard Bearing) are covered by the Contractor under Engine Overhaul Scope Of Work (Exhibit A-1).
CONTRACTOR QUALIFICATIONS
A. The Contractor shall have five (5) years of experience with 12-kV and higher as well 2500-kW or larger equipment and shall submit with their bid a reference list of previous work. OC San will validate the reference list.
3. WORK ELEMENTS
GENERAL
A. The Contractor shall provide all labor, tools, materials, supplies, test equipment, disassembly, reassembly, alignment, rigging, transportation, mechanical, and electrical shop services to test, refurbish, and repair the CENGEN Generators to restore them to full capability.
2.1
3.1
12 April 2022 J-135B – Scope of Work A-2 Page 3 of 7
B. All parts shall be supplied by the Contractor and shall be in new, unused, and uncompromised condition and shall be Ideal Electric OEM parts or better.
C. The Contractor shall conform to applicable portions of IEEE Standard 1068-2015, Standard for the Repair and Rewinding of AC Electric Motors in the Petroleum, Chemical, and Process Industries.
3.1.1 RIGGING, DISASSEMBLY, AND REMOVAL
A. The Contractor shall provide all trained staff, tools, rigging, equipment, and materials necessary to disassemble and remove the major generator components
from their bases and prepare them for transportation to the Contractor’s shop facility.
B. The main overhead crane in each the CENGEN Engine Rooms may be used for disassembly and removal of the Generator components. The Contractor shall review the generator manufacturer’s lifting recommendations and provide any required lifting equipment such as slings or spreader bars. A crane can be made
available to the Contractor for use and shall be left in the “as found” conditions, incurring no ancillary damage. The Contractor shall submit the OC San RELEASE FOR OVERHEAD CRANE (Appendix A-8).
C. The main floor of the CENGEN Engine Rooms have a maximum floor load rating of
300 pounds per square foot. The Contractor’s rigging and loading efforts shall be accomplished while staying within the floor loading limitations when moving components and loading vehicles.
1. The Contractor shall not set any generator components on the floor of the CENGEN Engine room. All generator components shall only be placed on a truck to be moved out of the building.
D. Approximate weights of major generator components:
GENERATOR COMPONENT DESCRIPTION Weight (lbs.)
GENERATOR MAIN STATOR 28,600
EXCITER STATOR 1,000
GENERATOR SHAFT 12,000
GENERATOR MAIN ROTOR 24,000 EXCITER ROTOR 600 TOTAL ASSEMBLED GENERATOR 54,200
E. After the generator components have been removed, the Contractor shall clean the
sole plates and take precise measurements of the plates and record the degrees of flatness and parallelism between them. The Contractor shall submit these
measurements to the OC San Engineer and include in the Contractor’s Final Report for the engine overhaul.
3.1.2 TRANSPORTATION
A. The Contractor shall provide sufficient supports and bracing for Generator
components against motion, physical shock, and impacts during transport over local streets and major interstate highways alike. The Contractor shall provide full protection against all-weather elements.
12 April 2022 J-135B – Scope of Work A-2 Page 4 of 7
B. The Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all equipment and goods deemed necessary under this contract.
SEQUENCE OF WORK
A. The Generator work shall coincide with the engine overhaul according to the order
of Generator and Gen-set Overhauls listed in Section 2.A of this Scope of Work, to leverage its availability and disposition at the time of the relevant engine overhaul and be completed and tested as a complete engine-generator set at the
appropriate time per the Engine Startup Procedure Requirement And Final Checklist (Appendix A-7) or as required therein.
GENERATOR LOTO AND DISCONNECTION
A. OC San’s Maintenance staff will lock out, tag out, and disconnect all electrical connections to the generator and exciter including 12kV power, 120V heater power, exciter field, and RTD instrumentation leads. The Contractor shall verify that this has been done and assume all responsibility. Only OC San personnel will be allowed to perform any operation (closing and opening) of electrical circuits, no exceptions allowed.
B. The Contractor shall notify the OC San Engineer a minimum of 20 Days prior to the start of work to submit the shutdown request for the Generator to be overhauled.
PRELIMINARY INSPECTION AND TESTING
A. The Contractor shall perform detailed inspection and testing, as stated below, as a minimum, of the Generator in-place and at the Contractor’s shop, evaluating and
recording their overall “as-is’ and “as-left” condition, and noting any discrepancies, deficiencies, and abnormalities. Include results of Inspection and Testing in the Generator Final Report.
B. The Contractor shall submit a report of all findings and “as left” condition on each generator, to the OC San Engineer and as part of the Final Report.
3.4.1 INSPECTIONS AND MEASURMENTS
A. Take measurements of air gaps of main rotating fields to the stator and exciter rotor to the exciter fields
B. Bearing clearance of generator pedestal bearing
C. Generator Main Terminal Box Components (current transformers, insulators) for cracks and damage
D. Main Generator leads for corona, tracking, and insulation cracks
E. Exposed stator windings for signs of corona and arcing
F. Exciter rotor winding
G. Exciter diode wheel
3.4.2 TESTING
A. Insulation resistance and polarization index of main stator and rotor, exciter rotor and stator
B. Winding Continuity Resistance of Main stator and rotor, and Exciter stator and rotor
3.2
3.3
3.4
12 April 2022 J-135B – Scope of Work A-2 Page 5 of 7
C. Surge capacitors and arrestors
D. Winding resistance for the main rotor and stator windings, and the exciter rotor and
stator windings
E. Main Stator Surge Tests
F. Partial Discharge Tests
G. Power Factor of exciter and stator windings
H. Exciter diode wheel
I. AC/DC Pole Drop Test
SHOP SERVICES FOR REFURBISHMENT OF GENERATOR COMPONENTS
3.5.1 INITIAL SHOP TESTING
A. After generator components have been received at Contractor’s shop, the Contractor shall visually inspect and electrically test all parts and components, with OC San to witness.
B. The Contractor shall submit to the OC San Engineer a report evaluating initial
condition of received items and include in the Contractor’s Final Report for the generator. Electrical Shop Tests shall include those referenced in Section 3.4.2.
3.5.2 CLEANING
A. The Contractor shall steam clean the main stator windings, main rotor field, exciter rotor, and exciter fields; and baked at a temperature compatible with the insulating materials.
3.5.3 PARTS REPLACEMENT
A. The Contractor shall replace generator components, as required, based on findings from the initial testing and inspections. Contractor shall replace the Generator Leads on all the Generators.
1. In the event the Generator Components need to be rewound, the Contractor
shall, prior to the commencement of work, have the required materials in stock and on-hand as to avoid any schedule delays.
3.5.4 ROTATING RECTIFIER ASSEMBLY
A. The Contractor shall rebuild the Rotating Rectifier assembly of the exciter with new, solid-state components meeting or exceeding the original equipment specifications.
3.5.5 SPACE HEATERS
A. The Contractor shall replace existing space heater elements and wiring in kind.
3.5.6 RESISTANCE TEMPERATURE DETECTORS (RTD’S)
A. The Contractor shall replace all RTD’s and wiring in kind.
3.5.7 DIAGNOSTIC TESTING
A. The Contractor shall comprehensively test all generator components including
main stator windings, main rotor field, exciter rotor and fields, rotating diode assembly, space heaters, and RTDs. All tests shall be conducted in accordance
3.5
12 April 2022 J-135B – Scope of Work A-2 Page 6 of 7
with the latest NETA and IEEE 1068 standards for testing electrical motors and generators, with OC San to witness.
3.5.8 TEST REPORT
A. The Contractor shall submit to the OC San Engineer a detailed report documenting the tests performed, values obtained or calculated and evaluating the current
condition of the tested items. The Contractor shall comment on the approximate remaining useful life based on winding condition and the test data obtained. This
report shall also be included in the Contractor’s Final Report for each generator.
REASSEMBLY AND ALIGNMENT
A. After transporting all components back to the respective OC San CENGEN Building, the Contractor shall reassemble each Generator on its original sole
plates. The Contractor shall perform precise machine alignment of the generator components to recouple the generator shaft to the mating face of the engine flywheel.
INSTALLATION OF EQUIPMENT COVERS
A. The Contractor shall reinstall all generator enclosure covers with OC San Engineer witnessing.
FINAL REASSEMBLY ELECTRICAL TESTING
A. After all mechanical assembly and alignment tasks have been completed on each generator, the stator, rotor field, exciter rotor, and exciter fields shall be NETA tested by the Contractor to verify that no damage has occurred during transportation and reassembly. OC San staff will be present to witness the
performance of these tests. The Contractor shall submit final test data to the OC San Engineer for review.
RECONNECTION OF GENERATOR LEADS
A. OC San Electrical Maintenance staff will reconnect all field leads to the generator.
B. The Contractor shall verify Generator pole connections are correct.
FINAL ENGINE-GENERATOR ACCEPTANCE TEST RUN
A. Upon completion of work on each generator, and associated engine, OC San operations and maintenance staff will support the contractor in the 96-hour acceptance test as detailed in scope of work, Exhibit A-1.
B. Any anomalies or failures in Generator performance revealed at any time during the test period shall result in the test being terminated. If the problem is determined
by OC San to be caused by the Contractor’s work, the Contractor shall correct the
problem to the satisfaction of the OC San Engineer. The test run shall then be restarted for another 96-hour period. OC San will consider the Acceptance Test to be completed after successfully running 96-hours without Generator problems.
4. RESOURCES AVAILABLE GENERATOR REFERENCE DRAWINGS
A. Refer to Appendix A-3 for Generator Reference Drawings. The Contractor shall use these as a guide only as the Generators for Plant No. 1 and Plant No. 2 are similar, but not the same.
3.6
3.7
3.8
3.9
3.10
4.1
12 April 2022 J-135B – Scope of Work A-2 Page 7 of 7
5. DELIVERABLES A. The Contractor shall submit the following submittals. Submittal content and deadlines are detailed in each section.
B. All submittals shall be submitted through PMWeb. Refer to Attachment A-11
Specification Section 01701 for requirements.
INITIAL TESTING PLAN
A. The Contractor shall submit an initial testing plan for the items listed in Section
3.4.2, as a minimum. The Plan shall include, at a minimum, testing methodology, measurement equipment to be used, and data points to be taken.
B. The Contractor shall submit the initial testing plan 15 Days prior to scheduled testing.
“AS-FOUND” REPORT
A. The Contractor shall submit to the OC San Engineer the results of the initial testing
in Section 3.4.2.
B. The Contractor shall submit this report immediately upon completion of testing to allow work on the engine to commence as scheduled.
QUALITY CONTROL PLAN
A. The Contractor shall submit a Quality Control Plan per Exhibit A-1.
B. The Contractor shall submit this Quality Control Plan 30 Days prior to the start of work on each engine-generator set.
GENERATOR FINAL REPORT
A. The Contractor shall submit a Final Report for the Overhaul of each generator.
B. This Final Report shall contain, at a minimum, all measurements, testing, observations, notes, and work required by this Scope of Work.
C. The Contractor shall make available, in electronic form, the Final Report at any time the OC San Engineer requests.
D. The Contractor shall submit the Final Report for each Generator within 10 Days of final acceptance of the Generator Work.
1. OC San will review and return any comments on the Final Report to the Contractor within 10 Days.
a. If comments require the Final Report to be revised, The Contractor shall return the Final Revised Report to OC San within 10 Days of receipt of OC San comments.
5.1
5.2
5.3
5.4
6/29/2022
1
Engine and Generator Overhauls at
Plant No. 1 and 2
Project No. J‐135B
Presented by:
Rob Thompson
Assistant General
Manager
Operations
Committee
July 6, 2022
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
2
1
2
6/29/2022
2
3
Current Engine Total Run Hours
0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000
Plant 2 Engine 5
Plant 2 Engine 4
Plant 2 Engine 3
Plant 2 Engine 2
Plant 2 Engine 1
Plant 1 Engine 3
Plant 1 Engine 2
Plant 1 Engine 1
Hours
Total Run Hours Overhaul Recommended
At 125,000 hours
Hours before overhaul
Now 2,250 hours
02468101214
Plant 2 Engine 5
Plant 2 Engine 4
Plant 2 Engine 3
Plant 2 Engine 2
Plant 2 Engine 1
Plant 1 Engine 3
Plant 1 Engine 2
Plant 1 Engine 1
Oil Consumption, gal/day
2022 Average Daily Oil Consumption
4
Current Engine Oil Consumption
Consumption after rebuild
3
4
1
-
r-- - -
/
I
6/29/2022
3
Engine Overhaul Procurements
5
8 Engines
1 Engine
1 Engine
2 Engines
1 Engine (Cooper)
2016 2017 2018 2019 2020 2021 2022 2023
4 Engines (Cooper)
(1 Engine (Plant 1),
3 Engines (Plant 2))
Could Not Agree
to Commercial
Terms and
Conditions
Contract
Had Two
Rebuild
Failures
P1,
Engine 1
Successful
Rebuild
Failure
of the
Previous
Overhaul
6
5
6
◊
6/29/2022
4
Machining/
Lubrication
Failures
7
Plant 1 Engine 1 Rebuild
8
7
8
6/29/2022
5
9
• Two unsuccessful rebuilds with another vendor
due to part tolerances, and quality
• Cooper delivered a smooth-running engine in
February 2022
• Cooper Machinery Services has the OEM
drawings and material specs
• Cooper Machinery Services has intimate
knowledge and experience rebuilding our
engines
Why Sole Source Cooper?
10
• Cost are Fair and Reasonable based on Plant 1,
Engine 1
• 5% escalation per year
• 3% ($1M saving) by purchasing materials up front
Negotiations
9
10
6/29/2022
6
11
Recommend to the Board of Directors to:
A. Award a Sole Source Service Agreement to
Cooper Machinery Services LLC for Engine
and Generator Overhauls at Plant No. 1 and 2,
Project No. J-135B, for a total amount not to
exceed $29,361,029; and
B. Approve a contingency of $2,936,103 (10%).
Recommendation
Questions
?
12
11
12
l
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2192 Agenda Date:7/6/2022 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
ENVIRONMENTAL SERVICES: RESOURCE PROTECTION - PROTECTING WATER,
BIOSOLIDS, AND GAS FOR REUSE
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
Department’s Resource Protection Division.
RELEVANT STANDARDS
·Protect OC San assets
·Comply with environmental permit requirements
·Listen to and seriously consider community input on environmental concerns
·Safe, beneficial reuse of Biosolids
·Make it easy for people to understand OC San’s roles and values to community
·Meet volume and quality needs for the GWRS
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 6/29/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
6/29/2022
1
Resource Protection Division
Protecting Reuse Initiatives
Mark Kawamoto,
Environmental
Protection
Manager
Operations
Committee
July 6, 2022
Environmental Services Department
Resource
Protection
Division
(Pretreatment
Program)
Environmental
Services
Department
Industrial Source
Control
Non‐Industrial
Source Control
Source
Control
Inspection
Microbiology
& General
Chemistry
Ocean
Monitoring
Environmental
Laboratory and
Ocean
Monitoring
Division
Analytical
ChemistryCompliance
SCI ISC NISC
2
1
2
6/29/2022
2
3
SAWPA
Pretreatment Program Area
IEUA SBVMWD
WMWD EMWD
Esri, HERE, Gamin, FAO, USGS, NGA, EPA, NPS – downloaded from SAWPA’s website on May 10, 2022 (SAWPA GIS Layer Viewer)
SOCWA
LACSD
Yucaipa
Beaumont
JCSD
City of San Bernardino
IRWD Agency Land Mass Population Brine Line
SIU Permits
OC San 480 sq miles 2.6 million 338
SAWPA >2,800 sq miles >4 million 57
Protecting Reuse Initiatives
Blue arrow – not regulated via permit
Red arrow – regulated 4
3
4
lndu1t"-1
OC ~SAN
ORANGE COUNTY SANITATION DISTRICT
6/29/2022
3
Limiting Pollutants
OC San
Non‐Industrial
Source Control,
Public Affairs
Office
OC San
Industrial
Source Control
Insert
picture
5
6
•Federal, state, and local authority
Regulatory Authority
ORDINANCE NO. OCSD‐53
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT
AMENDING WASTEWATER DISCHARGE REGULATIONS
5
6
lndustrt.l
~-,, ~-~~~-~!.~.~deral Regulations @
---------------"' Title 40 ■ m ~-..a...,,.,-.... .,111,rm ,,....,_._. __ .,1=
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_ _ _,_,.... __ ,SWSAP_,•--11>-«w0X11101ol,.._$lO.-,lT,-SWSo\PPWS--• -•-----11>-&oMQc)Q) __ ,,.,_,.._ .. .,.,..,..-.,,-_,. -ol~_,-...,_.,, __ ......,,,_ ____ ,,, __ IOt,o_lO_,_ ......,,,, ______ ,...... __ .. ____ ,,,. ___ ,,,. ______ ,,,,$WW
11, _____ ,.,.,._... ....... IOl!Olf•--·"' ..... -·--""----"' lll ___ ..,._,_.,._al_«wO'°"")"'-tlO.--l
6/29/2022
4
•Industrial survey
•Significant dischargers
•Businesses with potential to impact OC San
•Control mechanisms
•Permits and certifications
Permitting
7
•OC San is a permittee and a regulator
Reporting
7
8
i•• IQ: QJ ORANGE COUNTY SANITATION DISTRICT
PROCESS METER READINGS -MONTHLY REPORT
MotlitoringlO:-
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o,,,,. ........ ""'Cllr9,w,d~-fdl_, PW_262117_LUT
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ORANGE COUf(TY SAHrTATION OISTIUCT SMR No
SELF..tilOHrTORING FORM SIM r,,__ sc.-i:I
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....... ,. ,_.,.,. 4/5/2022
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.....,_ .....,.,,.. l r11on9pfakev1e111i,1r111a.com
6/29/2022
5
•Permitted facilities, trunklines,
wastehauler station, covert
•>1,600 inspections last year
Monitoring & Inspections
9
10
Can You Spot The Problem?
9
10
6/29/2022
6
11
Investigation
12
Enforcement
Judicial Remedy (Criminal Penalty)
Physical Termination of Service
Permit Revocation
Judicial Referral (OC District Attorney)
Permit Suspension
Administrative Complaint & Civil Penalties Fine
Significant Noncompliance Publication & Cost Recovery
Regulatory Compliance Schedule Agreement (RCSA)
Enforcement Compliance Schedule Agreement (ECSA)
Probation Orders
Compliance Meetings
Compliance Inspections
Notices of Violation (NOV) & Cost Recovery Fines
Notices (Late Reports, Missing Attachments, Verbal Warnings, etc.)
•Goal ‐Return permittees to compliance
•Approach ‐Progressive enforcement
11
12
6/29/2022
7
Key External Collaborators
13
14
2021 NPDES permit requirements:
•Re‐evaluate local limits for contaminants
•Contaminants of emerging concern
•GWRS enhance source control
•Urban runoff contaminant control
Data management and reporting system revamp:
•Optimize automation to minimize errors
•EPA Cross‐Media Electronic Report Rule
Talent recruitment and retention:
•Highly specialized workforce
•Unique combination of regulatory enforcement and technical skills
Looking Ahead
13
14
..:'t: DTSC ~ DepartmentofToxic
~ Substances Control
6/29/2022
8
Questions
?
15
15
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2022-2250 Agenda Date:7/6/2022 Agenda Item No:10.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADQUARTERS COMPLEX AT PLANT NO. 1, PROJECT NO. P1-128A - QUARTERLY UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Project No. P1-128A, Headquarters Complex, will construct a new Headquarters Building on the
north side of Ellis Avenue to house administrative and engineering staff. The Headquarters Complex
will also include a Board Room and a pedestrian/utility bridge over Ellis Avenue to Plant No. 1.
Construction started in July 2021 and completion is scheduled for December 2023. Staff will present
an update on the construction progress.
RELEVANT STANDARDS
·Provide a safe and collegial workplace
·Ensure the public’s money is wisely spent
·Comply with current Building Codes
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 6/29/2022Page 1 of 1
powered by Legistar™
OC6SAN
ORANGE COUNTY SANITATION DISTRICT
6/29/2022
1
Headquarters Complex at Plant No. 1
Project No. P1‐128A
Presented by:
Kathy Millea
Director of
Engineering
July 6, 2022
Operations
Committee
2
Site Plan
North Wing
South Wing
Board
Room
1
2
I I I I I I I I I I ·--------------------------------------------'
6/29/2022
2
3
Building Layout
Lobby
North Wing
South Wing
Front Entrance
Board
Room Courtyard
4
Structural Steel
3
4
6/29/2022
3
5
Foundation
6
3‐D Modeling
5
6
6/29/2022
4
• Foundation work
completed
• Risk Management
Trailer demolished
• Site Utilities ongoing
• FFE (furniture, fixtures
and equipment)
process ongoing
Since Last Update
7
8
• Continue with Structural Steel
• Mass Timber Beams
• Concrete Floor Slab
• Interior and Exterior Framing
• Parallel Coordination Efforts
• A/V Procurement
• Educational Display Design
• Move Management Specialist
Upcoming Activities
7
8
6/29/2022
5
9
Live
Camera
Feed
www.ocsan.gov/Headquarters
One‐time registration to view camera footage
10
Questions?
9
10
-.I~ Jobs Aoportal'rCJIMm S-.tft< ConuctU.
0 0 00 0 9
suv,cn 8USINUSES •u•OtNTS (OUCATION A80U1 us I WANT TO
Headquarters Administration Building Project
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Valley.Th<pro,<d.-.d.d«•l-s.,,,.,o!Hc~--._...iac,,1"'1on&-..-d,,.,..,,,.....,~ Elli,;A.,,,,..,,to!h<OCS.,,~No.11,dty.
More Information
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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.