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ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19�
AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor
Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which
temporarily suspend portions of the Brown Act which addresses the conduct of public
meetings.
The General Manager and the Chairman of the Board of Directors have determined that
due to the size of the Orange County Sanitation District's Board of Directors (25), and the
health and safety of the members, the Board of Directors will be participating in meetings
of the Board telephonically and Internet accessibility.
PUBLIC PARTICIPATION
Your participation is always welcome. The Operations Committee meeting will be
available to the public online at:
https://ocsd.legistar.com/Calendar.aspx
You may submit your comments and questions in writing for the Operations
Committee's consideration in advance of the meeting only by sending them to
OCSDClerk(a)-ocsd.com with the subject line "PUBLIC COMMENT ITEM # (insert the
item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA
ITEM". Submit your written comments by 5:00 p.m. on Tuesday, June 30, 2020. All
public comments will be provided to the Operations Committee and may be read into
the record or compiled as part of the record.
Thank you.
Serving: Orange County Sanitation District
Anaheim 10844 Ellis Avenue, Fountain Valley,CA 92708
714.962.2411 • www.ocsd.com
Brea
Buena Park
Cypress June 24, 2020
Fountain Valley
Fullerton
Garden Grove
NOTICE OF MEETING
Huntington Beach
Irvine
La Habra
La Palma OPERATIONS COMMITTEE
Los Alamitos ORANGE COUNTY SANITATION DISTRICT
Newport Beach
Orange
Placentia
Wednesday, July 1, 2020 — 5:00 P.M.
Santa Ana
Seal Beach
Stanton ACCESSIBILITY FOR THE GENERAL PUBLIC
Tustin Due to the spread of COVID-19, the Orange County Sanitation District
Villa Park will be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be
County of Orange available to the public online at:
Costa Mesa
Sanitary District https://ocsd.legistar.com/Calendar.aspx
Midway City
Sanitary District
Irvine Ranch
Water District
Yorba Linda
Water District A regular meeting of the Operations Committee of the Orange County
Sanitation District will be held in the manner indicated herein on
oJN SANIt, oy Wednesday, July 1, 2020 at 5:00 p.m.
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1"E ENv\P Our Mission: To protect public health and the environment by
providing effective wastewater collection, treatment, and recycling.
OPERATIONS COMMITTEE BOARD MEETING DATE
MEETING DATE
07/01/20 07/22/20
AUGUST DARK 08/26/20
09/02/20 09/23/20
10/07/20 10/28/20
11/04/20 11118120 *
12/02/20 12116120 *
JANUARY DARK 01/27/21
02/03/21 02/24/21
03/03/21 03/24/21
04/07/21 04/28/21
05/05/21 05/26/21
06/02/21 06/23/21
*Meeting will be held on the third Wednesday of the month
ROLL CALL
OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: July 1, 2020 Time: 5:00 p.m.
Adjourn:
COMMITTEE MEMBERS (14)
Robert Collacott (Chair)
Mariellen Yarc Vice-Chair
Brad Avery
Allan Bernstein
Doug Chaffee
Brooke Jones
Steve Jones
Lucille Kring
Sandra Massa-Lavitt
Nelida Mendoza
Jesus J. Silva
Fred Smith
David Shawver (Board Chair)
John Withers Board Vice-Chair
OTHERS
Brad Hogin, General Counsel
STAFF
Jim Herber , General Manager
Rob Thompson, Assistant General Manager
Lorenzo Tyner, Assistant General Manager
Celia Chandler, Director of Human Resources
KathyMillea, Director of Engineering
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 06/16/2020
BOARD OF DIRECTORS
Complete Roster
ALTERNATE
AGENCY/CITIES ACTIVE DIRECTOR DIRECTOR
Anaheim Lucille Kring Denise Barnes
Brea Glenn Parker Cecilia Hupp
Buena Park Fred Smith Connor Traut
Cypress Mariellen Yarc Stacy Berry
Fountain Valley Steve Nagel Patrick Harper
Fullerton Jesus J. Silva Jan Flory
Garden Grove Steve Jones John O'Neill
Huntington Beach Erik Peterson Lyn Semeta
Irvine Christina Shea Anthony Kuo
La Habra Tim Shaw Rose Espinoza
La Palma Peter Kim Nitesh Patel
Los Alamitos Richard Murphy Dean Grose
Newport Beach Brad Avery Joy Brenner
Orange Mark Murphy Kim Nichols
Placentia Chad Wanke Ward Smith
Santa Ana Nelida Mendoza David Penaloza
Seal Beach Sandra Massa-Lavitt Schelly Sustarsic
Stanton David Shawver Carol Warren
Tustin Allan Bernstein Chuck Puckett
Villa Park Robert Collacott Chad Zimmerman
Sanitary/Water Districts
Costa Mesa Sanitary District James M. Ferryman Bob Ooten
Midway City Sanitary District Andrew Nguyen Margie L. Rice
Irvine Ranch Water District John Withers Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins
County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
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Orange County Sanitation District
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, July 1 , 2020 - 5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
AGENDA POSTING: In accordance with the requirements of California Government Code Section 54954.2, this
agenda has been posted outside the main gate of the Sanitation District's Administration Building located
at 10844 Ellis Avenue, Fountain Valley, California, and on the Sanitation District's website at www.ocsd.com
not less than 72 hours prior to the meeting date and time above. All public records relating to each agenda
item, including any public records distributed less than 72 hours prior to the meeting to all, or a majority
of the Board of Directors, are available for public inspection in the office of the Clerk of the Board.
AGENDA DESCRIPTION: The agenda provides a brief general description of each item of business to
be considered or discussed. The recommended action does not indicate what action will be taken. The Board
of Directors may take any action which is deemed appropriate.
MEETING AUDIO: An audio recording of this meeting is available within 24 hours after adjournment of
the meeting. Please contact the Clerk of the Board's office at(714) 593-7433 to request the audio file.
NOTICE TO DIRECTORS: To place items on the agenda for a Committee or Board Meeting, the item must
be submitted in writing to the Clerk of the Board: Kelly A. Lore, MMC, (714) 593-7433/klore@ocsd.com at least
14 days before the meeting.
FOR ANY QUESTIONS ON THE AGENDA, BOARD MEMBERS MAY CONTACT STAFF AT:
General Manager: Jim Herberg,jherberg@ocsd.com/(714) 593-7300
Asst. General Manager: Lorenzo Tyner, Ityner@ocsd.com/(714)593-7550
Asst. General Manager: Rob Thompson, rthompson@ocsd.com/(714) 593-7310
Director of Human Resources: Celia Chandler, cchandler@ocsd.com/(714)593-7202
Director of Engineering: Kathy Millea, kmillea@ocsd.com/(714) 593-7365
Director of Environmental Services: Lan Wiborg, Iwiborg@ocsd.com/(714) 593-7450
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
PUBLIC COMMENTS:
You may submit your comments and questions in writing for the Committee's consideration by sending them to
the Clerk of the Board at OCSDClerk@ocsd.com with the subject line "PUBLIC COMMENT ITEM # (insert the
item number relevant to your comment)" or "PUBLIC COMMENT NON-AGENDA ITEM". Submit your written
comments by 5:00 p.m. on June 30, 2020. All public comments will be provided to the Committee 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. APPROVAL OF MINUTES 2020-1115
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held June 3,
2020.
Originator: Kelly Lore
Attachments: Agenda Report
06-03-2020 Operations Committee Minutes
2. NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2, 2020-1011
PROJECT NO. J-127
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Natural Gas Pipelines
Replacement at Plant Nos. 1 and 2, Project No. J-127;
B. Reject the bid from apparent low bidder, Well Anchored Inc., as non-responsive;
Page 1 of 6
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
C. Award a Construction Contract to Innovative Construction Solutions for Natural
Gas Pipelines Replacement at Plant Nos. 1 and 2, Project No. J-127, for a total
amount not to exceed $745,500; and
D. Approve a contingency of $74,550 (10%)
Originator: Kathy Millea
Attachments: Agenda Report
J-127 Construction Contract
3. EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES 2020-1078
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Sole Source Purchase Order Contract Change Order to Contract P.O.
134070-OS with Gamboa Services, Inc. DBA Corporate Image Maintenance, extending
the COVID-19 disinfecting janitorial services at Plant No. 1 and Plant No. 2, from
August 1, 2020 through January 31, 2021 , for a total change order amount not to
exceed $140,400, total Purchase Order contract amount not to exceed $236,250.
Originator: Rob Thompson
Attachments: Agenda Report
4. BLANKET PURCHASE ORDER FOR CHEVRON 5200 LOW ASH 40 2020-1097
OIL
RECOMMENDATION:
A. Approve Blanket Purchase Order for the purchase of Chevron 5200 HDAX Low
Ash 40 Lubricating Bulk Oil, per Specification No. C-2020-115413D, for the
period beginning August 1, 2020 through July 31, 2021 , with four, one-year
renewal options, with the following three qualified firms, for a combined total
amount not to exceed $175,000 per year:
1. Dal Chem, Inc. (DBA Alexis Oil)
2. Southern Counties Lubricants, LLC
3. Southern Counties Oil Co., a CA Limited Partnership (DBA SC Fuels); and
B. Approve an annual contingency of $8,750 (5%).
Originator: Rob Thompson
Attachments: Agenda Report
Page 2 of 6
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
5. SERVICE CONTRACT FOR PLANT NO. 1 THICKENING AND 2020-1103
DEWATERING ODOR CONTROL CARBON CHANGE-OUTS,
SPECIFICATION NO. S-2020-1155
RECOMMENDATION:
A. Award a Purchase Order Contract to Prominent Systems, Inc. for Plant No. 1
Thickening and Dewatering Odor Control, Carbon Change-Outs, Specification
No. S-2020-1155, for a total amount not to exceed $122,758 for the period
August 1, 2020 through July 31, 2021 , with four, one-year renewal options; and
B. Approve a contingency of $18,414 (15%).
Originator: Rob Thompson
Attachments: Agenda Report
6. SHALLOW REBAR REPAIR SERVICES 2020-1123
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order service contract to Tharsos Inc. to provide Shallow
Rebar Repair Services, per Specification No. S-2020-1161 BD, for a total amount
not to exceed $272,797 for the period beginning August 1, 2020 through July 31,
2021 , with four, one-year renewal options; and
B. Approve an annual contingency of $13,640 (5%).
Originator: Rob Thompson
Attachments: Agenda Report
7. PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE 2020-1124
REPLACEMENT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Purchase Order Contract to Nuttall Gear for the purchase
of a Nuttall Gear Drive T/25 unit for Plant No. 1 Sunflower Pump Station, for a
total amount not to exceed $198,610, plus applicable tax and freight, and
B. Approve a contingency of $9,931 (5%).
Originator: Rob Thompson
Attachments: Agenda Report
Page 3 of 6
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
8. REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT 2020-1125
PLANT NO. 1
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a service contract to J.R. Filanc Construction Company, Inc. for the
mechanical rehabilitation and overhaul of sixteen rectangular primary clarifier
tanks at Plant No. 1, Specification No. S-2020-114813D, for a total amount not to
exceed $1,319,313; and
B. Approve a contingency of $131,932 (10%).
Originator: Rob Thompson
Attachments: Agenda Report
S-2020-1148BD Contract - Filanc
NON-CONSENT:
9. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1010
P1-105
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the sole source specification of SUEZ Water
Technologies & Solutions for refurbishing four existing bar screens and for furnishing
two new bar screens for Headworks Rehabilitation at Plant No. 1, Project No. P1-105".
Originator: Kathy Millea
Attachments: Agenda Report
Suez Sole Source Resolution
10. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2019-832
P1-105
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the sole source specification of Huber Technology for
grit washing and dewatering systems for Headworks Rehabilitation at Plant No. 1,
Project No. P1-105".
Originator: Kathy Millea
Attachments: Agenda Report
Huber Sole Source Resolution
Page 4 of 6
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
11. A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT 2020-1012
PLANT NO. 2, PROJECT NO. P2-98A
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of
the Orange County Sanitation District, making findings pursuant to Public Contract
Code Section 3400 in support of the Sole Source Specification of Hallsten Corporation,
manufacturer of Truss Supported Flat Aluminum Covers for A-Side Primary Clarifiers
Replacement at Plant No. 2, Project No. P2-98A, as part of Primary Treatment
Rehabilitation at Plant No. 2, Project No. P2-98".
Originator: Kathy Millea
Attachments: Agenda Report
Hallsten Sole Source Resolution
12. TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. P2-128 2020-1013
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Brown and Caldwell to
provide engineering services for Temperature Phased Anaerobic Digestion
(TPAD) Digester Facility at Plant No. 2, Project No. P2-128, for an amount not to
exceed $39,300,000; and
B. Approve a contingency of $3,930,000 (10%).
Originator: Kathy Millea
Attachments: Agenda Report
P2-128 PDSA - Draft
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Page 5 of 6
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, July 1, 2020
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:
The next Operations Committee meeting is scheduled for Wednesday, September 2, 2020 at
5:00 p.m.
Page 6 of 6
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1115 Agenda Date: 7/1/2020 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 3, 2020.
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. OCSD 19-19
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Minutes of the Operations Committee meeting held June 3, 2020
Orange County Sanitation District Page 1 of 1 Printed on 6/23/2020
powered by LegistarTM
Orange County Sanitation District NIN SAN/T,4;/O Wednesday, June 3, 2020
Minutes for the = °°°� "o� 5:00 PM
OPERATIONS COMMITTEE Board Room
Administration Building
10844 Ellis Avenue
9 Fountain Valley, CA 92708
oT�°T'"� THE ENv\P (714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee was called to order by Committee Chair Bob
Collacott on Wednesday, June 3, 2020 at 5:00 p.m. in the Administration Building of the
Orange County Sanitation District. Chair Collacott stated that the meeting was being held
telephonically and via audio/video teleconferencing in accordance with the Governor's
Executive Order No. N-29-20, due to the Coronavirus Pandemic (COVID-19). Chair Collacott
led the Flag Salute.
The Clerk of the Board announced the teleconference meeting guidelines and stated that
votes will be taken by roll call.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Jesus Silva, Fred
Smith, David Shawver and John Withers
ABSENT: Brad Avery and Steve Jones
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; Al Garcia;
and Brian Engeln were present in the Board Room. Rob Thompson, Assistant General
Manager; Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human
Resources; Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental
Services; Jennifer Cabral; Dean Fisher; Tom Grant; Brad Hamilton;Tina Knapp; Jeff Mohr;
and Wally Ritchie were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Neither Chair Collacott or General Manager Jim Herberg provided a report.
Page 1 of 6
OPERATIONS COMMITTEE Minutes June 3, 2020
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1086
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held on May 6,
2020.
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith and John Withers
NOES: None
ABSENT: Brad Avery, Steve Jones and David Shawver
ABSTENTIONS: None
2. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2020-1008
REPORT
Originator: Kathy Millea
This item was pulled and heard separately. Questions regarding contingency increases
and change orders with projects P 1-101 , P1-110 & P2-92 were responded to by
Director of Engineering Kathy Millea.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Capital Improvement Program Contract Performance Report for
the period ending March 31, 2020.
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith and John Withers
NOES: None
ABSENT: Brad Avery, Steve Jones and David Shawver
ABSTENTIONS: None
3. TOSHIBA 12KV CIRCUIT BREAKER PURCHASE 2020-1044
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 6
OPERATIONS COMMITTEE Minutes June 3, 2020
A. Award a Purchase Order Contract to Superior Electric Motor Services for the
purchase of eight Toshiba HVK 12kV circuit breakers for Plant No. 1 Electrical
Distribution System, per Specification No. E-2020-1162BD, for a total amount
not to exceed $195,072, including sales tax and freight; and
B. Approve a contingency of $9,754 (5%).
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith and John Withers
NOES: None
ABSENT: Brad Avery, Steve Jones and David Shawver
ABSTENTIONS: None
4. 12KV DISTRIBUTION CENTER B AND EAST RAS PUMP STATION 2020-1077
ROOFING REPLACEMENT, PROJECT NO. FE18-19R
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulations and Recommendation for O'Connell
Engineering & Construction, Inc. for 12kV Distribution Center B and East RAS
Pump Station Roofing Replacement, Project No. FE18-19R;
B. Award a Construction Contract to O'Connell Engineering & Construction, Inc. for
12kV Distribution Center B and East RAS Pump Station Roofing Replacement,
Project No. FE18-19R, for a total amount not to exceed $674,800-1 and
C. Approve a contingency of $67,480 (10%).
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith and John Withers
NOES: None
ABSENT: Brad Avery, Steve Jones and David Shawver
ABSTENTIONS: None
NON-CONSENT:
5. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1032
P1-128C
Originator: Kathy Millea
Ms. Millea provided a brief description of this item and responded to questions
regarding CEQA changes.
Page 3 of 6
OPERATIONS COMMITTEE Minutes June 3, 2020
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Consider the Fountain Valley Crossings Specific Plan Program Environmental
Impact Report (State Clearinghouse No. 2015101042) that evaluated the total
buildout of the Specific Plan area with a goal of revitalizing the existing light
industrial use;
B. Consider, receive, and file the Initial Study/Addendum for the Administrative
Headquarters Building, Project for P1-128, dated December 2019 to the City of
Fountain Valley's Program Environmental Impact Report for the Fountain Valley
Crossings Specific Plan to demolish five warehouse buildings, construct and
operate an administrative headquarters building, pedestrian bridge, signage,
landscaping, lighting, and surface parking lot in the City of Fountain Valley;
C. Receive and file Bid Tabulation and Recommendation for Headquarters
Complex Site Preparation, Project No. P1-128C;
D. Accept the formal bid withdrawal request received on March 13, 2020 from the
initial lowest bidder, Interior Demolition, Inc.;
E. Reject the bid from the second apparent low bidder AMPCO North, Inc. as
non-responsive;
F. Award a Demolition Contract to Resource Environmental, Inc. for Headquarters
Complex Site Preparation, Project No. P1-128C, for a total amount not to
exceed $1,555,000; and
G. Approve a contingency of $155,500 (10%).
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith, David Shawver and John Withers
NOES: None
ABSENT: Brad Avery and Steve Jones
ABSTENTIONS: None
6. HEADQUARTERS COMPLEX SITE PREPARATION, PROJECT NO. 2020-1033
P1-128C
Originator: Kathy Millea
Assistant General Manager Rob Thompson provided a brief introduction to this Item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 4 of 6
OPERATIONS COMMITTEE Minutes June 3, 2020
A. Approve a Professional Construction Services Agreement with HDR, Inc. to
provide construction support services for Headquarters Complex Site
Preparation, Project No. P1-128C, for a total amount not to exceed $178,000;
and
B. Approve a contingency of $17,800 (10%).
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Lucille Kring, Sandra Massa-Lavitt, Tim Shaw, Jesus
Silva, Fred Smith, David Shawver and John Withers
NOES: None
ABSENT: Brad Avery and Steve Jones
ABSTENTIONS: None
INFORMATION ITEMS:
7. FY 2020-21 & FY 2021-22 BUDGET PRESENTATION 2020-1067
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner introduced this Item. Controller Wally
Ritchie provided an informative PowerPoint presentation of the FY 2020-21 & FY
2021-22 Budget including: revenues and outlays; user fee and property tax revenues;
proposed operating expense summary focusing on salaries and benefits, contractual
services, repairs and maintenance, operating materials and supplies, and utilities;
departmental operating summaries; CIP program; and future debt service. Mr. Ritchie
noted that the current proposed budget does not include the potential rate freeze,
proposed by the Board Chairman, that will be presented to the Administration
Committee on June 10.
ITEM RECEIVED AS AN:
Information Item.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
Page 5 of 6
OPERATIONS COMMITTEE Minutes June 3, 2020
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Collacott declared the meeting adjourned at 5:42 p.m. to the meeting to be held on
Wednesday, July 1, 2020 at 5:00 p.m.
Submitted by:
Kelly A. Lore, MMC
Clerk of the Board
Page 6 of 6
oJ�V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1011 Agenda Date: 7/1/2020 Agenda Item No: 2.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2, PROJECT NO. J-127
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Natural Gas Pipelines Replacement
at Plant Nos. 1 and 2, Project No. J-127;
B. Reject the bid from apparent low bidder, Well Anchored Inc., as non-responsive;
C. Award a Construction Contract to Innovative Construction Solutions for Natural Gas Pipelines
Replacement at Plant Nos. 1 and 2, Project No. J-127, for a total amount not to exceed
$745,500; and
D. Approve a contingency of $74,550 (10%)
BACKGROUND
The natural gas systems at Orange County Sanitation District's (Sanitation District) Plant Nos. 1 and
2 feed onsite services including buildings and plant processes, as well as the Central Generation
systems which utilize both natural gas and digester gas to produce electric power. Over time, the
natural gas piping system has been built, modified, and expanded by various projects.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• Comply with California Public Contract Code Section 20103.8, award construction contract to
lowest responsive bidder
PROBLEM
Recent condition assessments of the current natural gas piping have revealed that some of the
metallic piping and risers have reached the end of their useful life due to corrosion.
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File #: 2020-1011 Agenda Date: 7/1/2020 Agenda Item No: 2.
PROPOSED SOLUTION
Award a construction contract for replacement of Natural Gas Pipelines Replacement at Plant Nos. 1
and 2, Project J-127. The project will replace approximately 2,000 feet of buried steel pipe and
risers. This work will include replacement of defective valve vaults that allow standing water to
corrode pipe and valves and will add electrical isolation to wall penetrations to prevent cathodic
corrosion.
TIMING CONCERNS
Delays completing this work could result in significant gas system leaks which might require
emergency repairs.
RAMIFICATIONS OF NOT TAKING ACTION
The natural gas system will continue to degrade causing significant leaks that may require
emergency repairs.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District advertised Project No. J-127 for bids on March 10, 2020 and four sealed bids
were received on April 30, 2020. A summary of the bid opening follows:
Engineer's Estimate $ 607,000
Bidder Amount of Bid
Well Anchored Inc. $ 576,000
Innovative Construction Solutions $ 745,500
MMC, Inc. $ 784,551
A.M. Ortega Construction, Inc. $1,251,251
The bids were evaluated in accordance with Sanitation District policies and procedures. The bid
documents included a requirement to identify two projects completed in the last five years that
included modification of natural gas service construction and purging requirements of a similar
nature, scope, and complexity. If two projects had not been completed, bidders were offered the
option to list current relevant projects.
The Well Anchored Inc. bid failed to identify any projects to address this requirement. In consultation
with General Counsel, staff determined that Well Anchored Inc. failed to provide project experience
information as required in the Bid Submittal Forms. This deficiency was found uncurable, therefore
staff determined the bid was non-responsive.
An evaluation of the second apparent low bidder, Innovative Construction Solutions, found them to be
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File #: 2020-1011 Agenda Date: 7/1/2020 Agenda Item No: 2.
both responsive and responsible. A notice was sent to all bidders on May 26, 2020, informing them
of the intent of Sanitation District staff to recommend award of the Construction Contract to
Innovative Construction Solutions.
Staff recommends awarding a construction contract to the lowest responsive, responsible bidder,
Innovative Construction Solutions, for a total amount not to exceed $745,500.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301 because the project involves repairs, replacement, and or minor
alteration of existing facilities involving no expansion of use or capacity. A Notice of Exemption will
be filed with the OC Clerk-Recorder after the Sanitation District's Board of Directors approves the
Construction Contract.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted, (FY 2020-2021 and 2021-2022, Section 8, Page 41) and the project budget
is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• J-127 Construction Contract
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PART A
CONTRACT AGREEMENT
C-CA-072619
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION - 1 GENERAL CONDITIONS.................................................................1
SECTION - 2 MATERIALS AND LABOR................................................................4
SECTION - 3 PROJECT ........................................................................................4
SECTION -4 PLANS AND SPECIFICATONS........................................................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.......................................................................22
SECTION - 23 NOTICES .......................................................................................23
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CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. J-127
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2
THIS AGREEMENT is made and entered into, to be effective, this July 22, 2020, by and
between Innovative Construction Solutions, hereinafter referred to as "CONTRACTOR" and the
Orange County Sanitation District, hereinafter referred to as "OCSD".
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION — 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR's investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
"Contract Documents" refers to those documents identified in the definition of"Contract
Documents" in the General Conditions — Definitions.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements—the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids—the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications— in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR's Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
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shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
C. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR's attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD's
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR's own risk and expense. The
decision of the ENGINEER shall be final.
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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 OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION — 3 PROJECT
The Project is described as:
PROJECT NO. J-127
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2
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SECTION —4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. J-127
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION — 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the "Notice to Proceed" sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within one hundred eighty (180) calendar days from the date
of the "Notice to Proceed" issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes seven (7) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
SECTION — 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR's Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
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and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION — 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, "Extensions for Delay", and the General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, "Extension of Time for Delay" and
"Contract Price Adjustments and Payments", and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, "By CONTRACTOR or Others— Unknown Utilities during Contract Work".
OCSD's decision will be conclusive on all parties to this Contract.
SECTION — 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)", "OWNER Initiated
Changes", and "Contract Price Adjustments and Payments".
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD's ENGINEER. The decision of the ENGINEER shall be final.
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SECTION —9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, "Request for Change (Changes at CONTRACTOR's Request)" and "OWNER
Initiated Changes".
SECTION — 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
"Liquidated Damages and Incentives."
SECTION — 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Seven Hundred Forty-Five Thousand and Five
Hundred Dollars ($745,500) 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. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, "Payment for Work— General". The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD's ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
B. As used in this Section, the following defined terms shall have the following meanings:
1. "Net Progress Payment" means a sum equal to the Progress Payment less the
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Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. "Progress Payment" means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
C. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. "Retention Amount" for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions—"Retained Funds; Substitution of
Securities."
SECTION — 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions—"Retained Funds;
Substitution of Securities."
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, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION — 14 CONTRACTOR'S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
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C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day's
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(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 OCSD's General Counsel —one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
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A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION — 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, "Final Acceptance and Final Completion". Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
"Request for Change (Changes at CONTRACTOR's Request)" and/or"OWNER Initiated
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Changes", the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
CONTRACTOR's risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR's insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the "Third
Parties"), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties' insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000)for bodily injury, personal injury
and property damage. Coverage shall include each of the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000)which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, "Warranty (CONTRACTOR's Guarantee)", plus any additional
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extension or continuation of time to said warranty period that may be required
or authorized by said provisions.
C. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR's Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
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Either (1) a combined single limit of One Million Dollars ($1,000,000) and a general
aggregate limit of One Million Dollars ($1,000,000) for bodily injury, personal injury
and property damage;
Or alternatively, (2) One Million Dollars ($1,000,000) per person for bodily injury and
One Million Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker's Compensation/Employer's Liability: CONTRACTOR shall provide such
Worker's Compensation Insurance as required by the Labor Code of the State of
California, including employer's liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by
subrogation because of deductible clauses, inadequacy of limits of any insurance
policy, limitations or exclusions of coverage, or any other reason against OCSD, its
or their officers, agents, or employees, and any other contractor or subcontractor
performing Work or rendering services on behalf of OCSD in connection with the
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planning, development and construction of the Project. In all its insurance coverages
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of 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.
6. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
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a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
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3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an "A2, or better, Policyholder's Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker's compensation
insurance, subject to OCSD's option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
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F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor's operations
and work. OCSD and any public agency issuing permits for the Project must be named as
"Additional Insured" on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors' policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are listed in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and
Products-Completed Operations Form CG-2037 10 01
C. Waiver of Transfer of Rights of Form CG-2404 11 85; or
Recovery Against Others to Us/ Form CG-2404 10 93
Waiver of Subrogation
3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570
b. Cancellation Notice Endorsement No. 2065
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4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
SECTION — 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, "General Indemnification".
SECTION — 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
"Termination for Default" and/or"Termination for Convenience", provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, "Termination for
Default" and "Termination for Convenience".
SECTION — 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD's designs, Drawings and Specifications.
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
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be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR's warranty shall continue as to any
corrected deficiency until the later of(1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION — 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION —21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION —22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
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well as these Contract Documents, including but not limited to the General Requirements,
Section entitled "Safety" and Exhibit B OCSD Safety Standards.
SECTION —23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, California 92708-7018
Attn: Construction Manager
Bradley R. Hogin, Esquire
Woodruff, Spradlin & Smart
555 Anton Boulevard
Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Innovative Construction Solutions
575 Anton Blvd, Suite 850
Costa Mesa, CA 92626
Copy to: Hirad Emadi
Innovative Construction Solutions
575 Anton Blvd, Suite 850
Costa Mesa, CA 92626
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IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Innovative Construction Solutions
575 Anton Blvd, Suite 850
Costa Mesa, CA 92626
By
Printed Name
Its
CONTRACTOR's State License No. 764815 (Expiration Date — 06/30/2021)
OCSD: Orange County Sanitation District
By
David John Shawver
Board Chairman
By
Kelly A. Lore
Clerk of the Board
By
Ruth Zintzun
Purchasing & Contracts Manager
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EXHIBIT A
SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ...........................................................................1
EXA-2 PROGRESS PAYMENTS.................................................................................1
EXA-3 RETENTION AND ESCROW ACCOUNTS.......................................................1
EXA-4 STOP PAYMENT NOTICE ...............................................................................3
EXA-5 PAYMENT TO SUBCONTRACTORS...............................................................3
EXA-6 PAYMENT OF TAXES......................................................................................3
EXA-7 FINAL PAYMENT .............................................................................................4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT....5
ATTACHMENT 1 - CERTIFICATION FOR REQUEST FOR PAYMENT.........................7
ATTACHMENT 2 - SCHEDULE OF PRICES..................................................................8
C-EXA-080414
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of
Prices, and all other applicable terms and conditions of the Contract
Documents.
EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and
conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement— Section 11 —"Contract Price and Method of
Payment;"
2. General Conditions— "Payment— General";
3. General Conditions— "Payment—Applications for Payment";
4. General Conditions— "Payment— Mobilization Payment Requirements;"
5. General Conditions— "Payment— Itemized Breakdown of Contract Lump
Sum Prices";
6. General Conditions— "Contract Price Adjustments and Payments";
7. General Conditions— "Suspension of Payments";
8. General Conditions— "OCSD's Right to Withhold Certain Amounts and
Make Application Thereof'; and
9. General Conditions— "Final Payment."
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure
satisfactory completion of the Work. The amount to be retained from each
progress payment shall be determined as provided in General Conditions—
"Retained Funds; Substitution of Securities". In all contracts between
CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not
exceed the percentage specified in the Contract Documents.
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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 OCSD shall make payment of retention earned directly to the
escrow agent at the expense of the CONTRACTOR. At the expense of the
CONTRACTOR, the CONTRACTOR may direct the investment of the
payments into securities consistent with Government Code §16430 and the
CONTRACTOR shall receive the interest earned on the investments upon the
same terms provided for in this article for securities deposited by the
CONTRACTOR. Upon satisfactory completion of the Contract, the
CONTRACTOR shall receive from the escrow agent all securities, interest and
payments received by the escrow agent from OCSD, pursuant to the terms of
this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount
of interest earned, net of costs attributed to retention withheld from each
Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent
pursuant to this article shall be substantially similar to the form set forth in
§22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an
invoice for release of retention in accordance with the terms of the Contract.
D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each
progress payment any or all of the following:
1. Liquidated Damages that have occurred as of the date of the application for
progress payment;
2. Deductions from previous progress payments already paid, due to OCSD's
discovery of deficiencies in the Work or non-compliance with the
Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR'S
obligations under the Contract that the CONTRACTOR has failed to
perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR
under the terms of the Contract, including without limitation insurance
deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a
progress payment shall not constitute a waiver of OCSD's right to such sums or
to deduct them from a later progress payment.
EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other
provisions of the Contract, OCSD shall retain from progress payments
otherwise due the CONTRACTOR an amount equal to one hundred twenty-five
percent (125%) of the amount claimed under any stop payment notice under
Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for
labor, materials, supplies, equipment, and any other thing of value claimed to
have been furnished to and/or incorporated into the Work; or for any other
alleged contribution thereto. In addition to the foregoing and in accordance with
Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop
payment notices by refusing to release funds held in escrow pursuant to public
receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent
jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR
has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after
receipt of each progress payment as required by the California Business
and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article
progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all
Subcontractors any and all retention due and owing for and on account of
Work performed by such Subcontractors not later than seven (7) days after
CONTRACTOR'S receipt of said retention proceeds from OCSD as
required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price
includes full compensation to the CONTRACTOR for all taxes. The
CONTRACTOR shall pay all federal, state, and local taxes, and duties
applicable to and assessable against any Work, including but not limited to
retail sales and use, transportation, export, import, business, and special taxes.
The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews,
confirming that tax payments are current at all times.
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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 OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by
items on the payment schedule, amendments, Change Orders, and
other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each
Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the
CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of
any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which
the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is
resolved.
2. The application for Final Payment shall include complete and legally
effective releases or waivers of liens and stop payment notices satisfactory
to OCSD, arising out of or filed in connection with the Work. Prior progress
payments shall be subject to correction in OCSD's review of the application
for Final Payment. Claims filed with the application for Final Payment must
be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR'S
application for Final Payment. Any recommended changes or corrections
will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will
make the changes, or list Claims that will be filed as a result of the
changes, and shall submit the revised application for Final Payment. Upon
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acceptance by OCSD, the revised application for Final Payment will
become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for
Final Payment, and no Claims remain unsettled within thirty-five (35)
calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final
Payment, OCSD, in exchange for an executed release, satisfactory in form
and substance to OCSD, will pay the entire sum found due on the approved
application for Final Payment, including the amount, if any, allowed on
settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims
arising under the Contract, except for Claims that with the concurrence of
OCSD are specifically reserved, and shall release and waive all unreserved
Claims against OCSD and its officers, directors, employees and authorized
representatives. The release shall be accompanied by a certification by the
CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are
related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing
by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to
resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the
amounts of the open claims, and one hundred twenty-five percent (125%)
of the amounts of open stop payment notices referred to in article entitled
stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on
final payment from each Subcontractor and Supplier providing Work under
the Contract (per Civil Code Section 8138) and an unconditional waiver and
release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD's acceptance of the application for Final Payment and
irrespective of whether it is before or after Final Payment has been made,
OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
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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.
OCSD also shall not be stopped from demanding and recovering damages
from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
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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 OCSD in accordance with the
Contract.
I understand that it is a violation of both the federal and California False Claims Acts to
knowingly present or cause to be presented to OCSD a false claim for payment or
approval.
A claim includes a demand or request for money. It is also a violation of the False
Claims Acts to knowingly make use of a false record or statement to get a false claim
paid. The term "knowingly" includes either actual knowledge of the information,
deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary
under the False Claims Acts. I understand that the penalties under the Federal False
Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law.
I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the
Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments
received under the Contract, and timely payments will be made from the proceeds of
the payment covered by this certification;
3. This request for progress payments does not include any amounts which the prime
CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in
accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor's
performance.
Name
Title
Date
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ATTACHMENT 2 — SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Innovative Construction Solutions
BF-14 SCHEDULE OF PRICES, Pages 1 — 2
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Bid Submitted By: Innovative Construction Solutions
(Name of Firm)
BF-14 SCHEDULE OF PRICES
INSTRUCTIONS
A. General
For Unit Prices, it is understood that the following quantities are approximate only and are
solely for the purpose of estimating the comparison of Bids, and that the actual value of Work
will be computed based upon the actual quantities in the completed Work, whether they be
more or less than those shown. CONTRACTOR'S compensation for the Work under the
Contract Documents will be computed based upon the lump sum amount of the Contract at
time of award, plus any additional or deleted costs approved by OCSD via approved Change
Orders, pursuant to the Contract Documents.
Bidder shall separately price and accurately reflect costs associated with each line item,
leaving no blanks. Any and all modifications to the Bid must be initialed by an authorized
representative of the Bidder in accordance with the Instructions to Bidders, Preparation of Bid.
Bidders are reminded of Instruction to Bidders, Discrepancy in Bid Items, which, in summary,
provides that the total price for each item shall be based on the Unit Price listed for each item
multiplied by the quantity; and the correct Total Price for each item shall be totaled to
determine the Total Amount of Bid.
All applicable costs including overhead and profit shall be reflected in the respective unit costs
and the TOTAL AMOUNT OF BID. The Bid price shall include all costs to complete the Work,
including profit, overhead, etc., unless otherwise specified in the Contract Documents. All
applicable sales taxes, state and/or federal, and any other special taxes, patent rights or
royalties shall be included in the prices quoted in this Bid.
B. Basis of Award
AWARD OF THE CONTRACT WILL BE MADE ON THE BASIS OF THE LOWEST
RESPONSIVE AND RESPONSIBLE BID.
Note 1: Base Bid. Includes all costs necessary to furnish all labor, materials, equipment and
services for the construction of the Project per the Contract Documents.
BF-14 SCHEDULE OF PRICES C-BF-053119
PROJECT NO. J-127
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2
Page 1 of 2
Bid Submitted By: Innovative Construction Solutions
(Name of Firm)
EXHIBIT A
SCHEDULE OF PRICES
BASE BID ITEMS (Refer to Note 1 in the Instructions):
Item Description Unit of Approx Unit Extended Price
No. Measurement Qty Price
1. Mobilization: The amount for this Bid Item shall not exceed specified
amount and shall include all work not included in other items and shall be in Lump Sum = $ 30,000
conformance with the Contract Documents for the lump sum price of...
2. Permit and Inspection Fees: This item includes all fees to obtain required
permits from Huntington Beach and Fountain Valley and any inspection Allowance = $ 10,000
services required of said permits.
3. Completion of Work: This item includes labor, materials, and equipment
necessary for all portions of Work set forth in the Contract Documents
except for the Work performed in Items 1, 2 and 4, as described in Division Lump Sum = $ 705,500.00
01, Section 01155 and in conformance with the Contract Documents for a
lump sum price of...
TOTAL AMOUNT OF BID (BASIS OF AWARD) $ 745,500.00
BF-14 SCHEDULE OF PRICES C-BF-053119
PROJECT NO. J-127
NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2
Page 2 of 2
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1078 Agenda Date: 7/1/2020 Agenda Item No: 3.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a Sole Source Purchase Order Contract Change Order to Contract P.O. 134070-OS with
Gamboa Services, Inc. DBA Corporate Image Maintenance, extending the COVID-19 disinfecting
janitorial services at Plant No. 1 and Plant No. 2, from August 1, 2020 through January 31, 2021, for
a total change order amount not to exceed $140,400, total Purchase Order contract amount not to
exceed $236,250.
BACKGROUND
In March 2020, the Orange County Sanitation District (Sanitation District) implemented special
disinfecting janitorial services based on guidelines from the Centers for Disease Control and
Prevention (CDC) related to the coronavirus pandemic (COVID-19) outbreak for a not to exceed price
of $40,500. Surface disinfection is a critical service to protect Sanitation District employees by
reducing potential exposure to COVID-19 and promoting business continuity. Gamboa Services, Inc.
DBA Corporate Image Maintenance was sole sourced because they had staff familiar with the
treatment plant sites and facilities, and maintained all the insurance and training requirements to
immediately provide services.
As the scope and longevity of the COVID-19 pandemic became clearer in May, it became necessary
to provide additional cleaning services for night shift and weekend personnel and to extend the
contract through July 2020. Additional change orders were issued under the General Managers
authority for a total current contract value of$95,850.
The current COVID-19 disinfecting service contract provides daily disinfection to frequently contacted
surfaces seven days per week including the night shift work hours. The current disinfection contract
was approved by the General Manager and expires July 31, 2020. The need for these critical
disinfection services will be necessary for the foreseeable future.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
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• Commitment to safety & reducing risk in all operations
• Provide a safe and collegial workplace
PROBLEM
The COVID-19 disinfecting janitorial service is schedule to expired July 31, 2020. Discontinuing
these services will increase the risk of COVID-19 transmission to staff and visitors and hamper critical
staffing of the facilities.
PROPOSED SOLUTION
Extend the existing COVID-19 disinfecting janitorial service contract from August 1, 2020 through
January 31, 2021 with Corporate Image Maintenance. Due to the uncertainty of the COVID-19
outbreak, the Sanitation District is looking to extend the existing COVID-19 disinfecting janitorial
services to protect employees and reduced potential exposure to COVID-19. Using the same
contractor for janitorial and disinfection services improves coordination of service delivery and site
access coordination.
The normal janitorial services contract expires January 31, 2021. The disinfection services are being
incorporated into the regular janitorial services contract which will begin the bidding process in
August 2020, with services starting February 1, 2021.
TIMING CONCERNS
Due to the uncertainty of COVID-19 outbreak and the expiration of the existing COVID-19 disinfecting
janitorial services contract with Corporate Image, it is vital that these services be extended to protect
staff and visitors.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to act to secure COVID-19 disinfecting janitorial services could potentially lead to employee
exposure to COVID-19 which may affect the Sanitation District's ability to provide continuous critical
wastewater treatment and recycling services.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
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File #: 2020-1078 Agenda Date: 7/1/2020 Agenda Item No: 3.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
recommendation would be funded under the Professional and Contractual Service line item for
Operations and Maintenance Department (Proposed Budget Fiscal Year 2020-21). The proposed
budget funding is sufficient for this action.
Date of Approval Contract Amount Contingency
07/22/2020 $236,250 N/A
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
RM:dh:ab:gc
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oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1097 Agenda Date: 7/1/2020 Agenda Item No: 4.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
BLANKET PURCHASE ORDER FOR CHEVRON 5200 LOW ASH 40 OIL
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve Blanket Purchase Order for the purchase of Chevron 5200 HDAX Low Ash 40
Lubricating Bulk Oil, per Specification No. C-2020-115413D, for the period beginning August 1,
2020 through July 31, 2021, with four, one-year renewal options, with the following three
qualified firms, for a combined total amount not to exceed $175,000 per year:
1. Dal Chem, Inc. (DBA Alexis Oil)
2. Southern Counties Lubricants, LLC
3. Southern Counties Oil Co., a CA Limited Partnership (DBA SC Fuels); and
B. Approve an annual contingency of$8,750 (5%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) has a Central Generation facility at each
treatment plant to convert biogas to electricity and heat to support the plant recycling process. The
Central Generation facilities utilize Cooper Bessemer LSVB engines as prime movers. Plant No. 1
utilizes three 12-cylinder engines each with a 2.5 MW generation capacity and 900 gallon oil
capacity. Plant No. 2 uses five 16-cylinder engines each with a 3 MW generation capacity and 1600
gallon oil capacity.
Chevron 5200 HDAX Low Ash 40 Lubricating Oil is used in the Cooper Bessemer LSVB Engines.
Chevron 5200 HDAX Low Ash 40 Lubricating Oil is the equipment manufacturer's recommended
lubricating oil for use in the engines. The Sanitation District had an independent study conducted to
analyze and identify if other oils were recommended for the engines. The findings of the study
recommend continued use of Chevron 5200 HDAX Low Ash 40 Lubricating Oil with no substitutes to
prevent incompatible mixing of oil types.
The blanket purchase order will benefit the Sanitation District in having a competitively bid
purchasing mechanism to buy bulk oil from qualified vendors. The qualified vendors will be offered
the opportunity to quote on individual oil purchases, and the purchase will be awarded to the vendor
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File #: 2020-1097 Agenda Date: 7/1/2020 Agenda Item No: 4.
with the lowest quote. Cumulative purchases from all qualified vendors will not exceed $175,000 per
year.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• 24/7/365 treatment plant reliability
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
The Sanitation District uses a significant amount of engine oil for its Cooper Bessemer engines.
Mixing of engine oil types, additives, or using remanufactured oil represents a risk of incompatibility
or sludging to the engine systems and is not recommended. A competitive solicitation for each
purchase of bulk oil is desired, but can be delayed by bid protests by vendors trying to substitute
other products.
PROPOSED SOLUTION
Approve a blanket purchase order with qualified vendors identified through the Request for
Qualification (RFQ) process to purchase Chevron 5200 HDAX Low Ash 40 Lubricating Bulk Oil.
Individual bulk oil purchases will be made as needed by obtaining quotes from each qualified vendor.
TIMING CONCERNS
This blanket purchase order will allow for the timely purchase of oil in the event of oil contamination
or oil loss, preventing extended power supply loss and maintaining compliance.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District will not have any means to purchase Chevron 5200 HDAX Low Ash 40
Lubrication Oil in a timely manner for any time-sensitive events.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
On April 21, 2020, through the RFQ process, the Sanitation District solicited Statements of
Qualifications (SOQs). T he Sanitation District received responses from the following vendors:
1. Dal Chem, Inc. (DBA Alexis Oil)
2. Southern Counties Lubricants, LLC
3. Southern Counties Oil Co., a CA Limited Partnership (DBA SC Fuels)
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File #: 2020-1097 Agenda Date: 7/1/2020 Agenda Item No: 4.
The responses were evaluated, all vendors met the requirements of the RFQ, and were deemed
responsive and responsible.
Staff recommends approval of a blanket purchase order for bulk oil which will be purchased as
needed based on obtaining quotes from all qualified vendors at the time of purchase.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
recommendation will be funded under the Repair and Maintenance line item for Operations and
Maintenance Department (Proposed Budget Fiscal Year 2020-21). The proposed available funding is
sufficient for this action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
RM:ks:ls:ab:gc
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oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1103 Agenda Date: 7/1/2020 Agenda Item No: 5.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
SERVICE CONTRACT FOR PLANT NO. 1 THICKENING AND DEWATERING ODOR CONTROL
CARBON CHANGE-OUTS, SPECIFICATION NO. S-2020-1155
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Award a Purchase Order Contract to Prominent Systems, Inc. for Plant No. 1 Thickening and
Dewatering Odor Control, Carbon Change-Outs, Specification No. S-2020-1155, for a total
amount not to exceed $122,758 for the period August 1, 2020 through July 31, 2021, with four,
one-year renewal options; and
B. Approve a contingency of $18,414 (15%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) Plant No. 1 thickening and dewatering
odor control facility is equipped with two activated carbon vessels/filter beds for polishing the foul air
prior to stack emission. The carbon beds work in parallel (as one bed is down for service, the other
is in use) to ensure all emissions from the thickening and dewatering process meet the South Coast
Air Quality Management District (AQMD) permit and nuisance limits at all times.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• 24/7/365 treatment plant reliability
• Protect Orange County Sanitation District assets
PROBLEM
The thickening and dewatering facility produces very strong odors not only from the new thickening
and dewatering centrifuges, but also from the sludge blending tanks, the truckloading bay, and the
centrate wetwell. This complex foul air is treated at the dedicated thickening and dewatering foul air
system which consists of three trains of chemical scrubbers followed by two activated carbon
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File #: 2020-1103 Agenda Date: 7/1/2020 Agenda Item No: 5.
vessels. Tests have shown that to meet the AQMD permit and nuisance requirements, it is
necessary to operate the two-stage chemical scrubbers in caustic-bleach mode followed by polishing
activated carbon.
PROPOSED SOLUTION
To secure a Purchase Order Contract to replace the spent activated carbon in the thickening and
dewatering odor control system on a preventative maintenance frequency. This will ensure
consistent compliance with our AQMD permit to operate.
TIMING CONCERNS
Currently there is no contract in place to replace the activated carbon media and the current media is
reaching saturation. Therefore, a maintenance contract needs to be in place to change out the
media to avoid odor complaints and non-compliance events.
RAMIFICATIONS OF NOT TAKING ACTION
Odor complaints across the Santa Ana River occur when the polishing activated carbon is not used
or is deficient.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Staff developed a scope of work and invited vendors to submit a proposal. Two bids were received
as listed in Table 1.
Table 1 Bid Results
Company Bid Amount (includes tax) Comments
Prominent Systems, Inc. $122,757.60 Bid Award - Responsive
Carbon Activated Corp. $140,730.00 Responsive
Staff has identified Prominent Systems, Inc. as the lowest responsive and responsible bidder.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted in Division 830 and 840, line item 65 Operating Budget 830.54030.
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File #: 2020-1103 Agenda Date: 7/1/2020 Agenda Item No: 5.
Date of Approval Contract Amount Contingency
07/01/2020 $122,758 $18,414 (15%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
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oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1123 Agenda Date: 7/1/2020 Agenda Item No: 6.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
SHALLOW REBAR REPAIR SERVICES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order service contract to Tharsos Inc. to provide Shallow Rebar Repair
Services, per Specification No. S-2020-1161 BD, for a total amount not to exceed $272,797 for
the period beginning August 1, 2020 through July 31, 2021, with four, one-year renewal
options; and
B. Approve an annual contingency of$13,640 (5%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) has various concrete structures throughout
its two treatment plants in Fountain Valley and Huntington Beach. These structures require
maintenance to keep them operable. The purpose of this contract is to provide expeditious repairs to
concrete structures with shallow or exposed rebar to prevent corrosion and reduce erosion due to
exposure.
RELEVANT STANDARDS
• Protect Orange County Sanitation District assets
• Maintain a proactive asset management program
• Sustain 1, 5, 20-year planning horizons
PROBLEM
The Sanitation District has identified multiple instances of exposed rebar in several primary basins at
Plant No. 1 . Close examination and inspection determined that the rebar was installed too shallow
during construction, within an inch of the surface in some areas. Some of the rebar has spalled and
become exposed.
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File #: 2020-1123 Agenda Date: 7/1/2020 Agenda Item No: 6.
PROPOSED SOLUTION
Award a blanket purchase order contract to perform repairs and seal the exposed rebar areas to
prevent further corrosion, deterioration, and spalling. This contract will serve as a blanket contract for
expeditious repairs of shallow rebar areas identified during condition assessments performed at Plant
Nos. 1 and 2 on an as-needed basis. All repairs will be priced per the unit rates in the bid to include
square footage of the repair, scaffolding setup and removal, and mobilization cost.
TIMING CONCERNS
N/A
RAMIFICATIONS OF NOT TAKING ACTION
Exposed rebar will continue to corrode causing concrete spalling which could affect structural
integrity, likely to the point that more extensive and costly repair methods would be required.
Concrete structures will be unavailable for service for much longer periods of time while repair
services are individually bid after being taken out of service, cleaned, and inspected.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
A Notice Inviting Bids was issued on April 28, 2020 via PlanetBids. A non-mandatory pre-bid meeting
was conducted virtually on May 12, 2020. Bids were due on June 2, 2020. The Sanitation District
received five responsive bids. The following is a list of firms who submitted a bid.
Bidder Amount of Bid
Tharsos, Inc. $272,797
Slater Waterproofing $314,500
Howard Ridley Co., Inc. $319,200
W.A. Rasic Construction Co., Inc. $360,900
Harbor Coating & Restoration $435,000
The basis of the bid amount was 1,200 square feet of repair, five mobilizations, and five scaffolding
setup and removals. Staff recommends award a service contract to Tharsos, Inc. as the lowest
responsive and responsible bidder.
CEQA
Shallow rebar repair services are categorically exempt from CEQA under the Class 1 categorical
exemptions set forth in California Code of Regulations Section 15301. Section 15301 (Class 1)
exempts from CEQA "the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or topographical
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File #: 2020-1123 Agenda Date: 7/1/2020 Agenda Item No: 6.
features, involving negligible or no expansion of existing or former use," including "(b) Existing
facilities of both investor and publicly-owned utilities used to provide electric power, natural gas,
sewerage, or other public utility services".
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
recommendation will be funded under the Repair and Maintenance line item for Operations and
Maintenance Department (Fiscal Year 2020-21 Budget). The proposed funding is sufficient for this
action.
Date of Approval Contract Amount Contingency
07/22/2020 $272,797 $13,640 (5%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
RM:ia:ab:ac
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oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1124 Agenda Date: 7/1/2020 Agenda Item No: 7.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a Sole Source Purchase Order Contract to Nuttall Gear for the purchase of a Nuttall
Gear Drive T/25 unit for Plant No. 1 Sunflower Pump Station, for a total amount not to exceed
$198,610, plus applicable tax and freight, and
B. Approve a contingency of $9,931 (5%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) operates the Sunflower Pump Station to
bring wastewater into Plant No. 1. The station consists of two screw pumps, normally with one pump
as the duty pump and the second in stand-by mode. One pump can provide the necessary flow
capacity; two pumps are needed for system reliability and to help to provide peak wet weather
capacity.
The Nuttall gearbox is the driving gear between the motor and the auger. The complete gearbox
assembly and all individual components were specifically designed for use at Sunflower Pump
Station. All design details of the gearbox are proprietary to Nuttall Gear.
RELEVANT STANDARDS
• Protect Orange County Sanitation District assets
• Maintain a proactive asset management program
• 24/7/365 treatment plant reliability
PROBLEM
One of the Sunflower pump gearbox units is experiencing a high rate of oil loss and must be pulled
out of service and sent for extensive repairs with a long lead time for parts and service, and will limit
the critical pump station to a single pump for an extended time period.
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File #: 2020-1124 Agenda Date: 7/1/2020 Agenda Item No: 7.
PROPOSED SOLUTION
Purchase a new gearbox through Nuttall Gear to serve as a swing unit. This swing gearbox unit will
provide the means to repair either existing unit without limiting capacity of the pump station with
minimal down-time, now and in the future. The purchase of the Nuttall Gear Drive/T25 provides the
least operational risk solution to continued compliance and operation of the Sunflower Pump Station
for the Sanitation District.
TIMING CONCERNS
The Sunflower Pump Station has limited redundancy with two installed pumps, both pumps will be
required to be operational during peak wet weather events to pump the incoming trunkline flows.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to act increases the risk of pump failure resulting in a disruption of flow to Plant No. 1,
impacting process, and the ability to treat wastewater during peak wet weather events.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted (Budget FY 2020-21, Section 8 - Page 89, Operations & Maintenance
Capital Program line item, M-SM-CAP) and the budget is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
7/22/2020 $198,610 $9,931 (5%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
RM:no:ab:gc
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oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1125 Agenda Date: 7/1/2020 Agenda Item No: 8.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT PLANT NO. 1
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Award a service contract to J.R. Filanc Construction Company, Inc. for the mechanical
rehabilitation and overhaul of sixteen rectangular primary clarifier tanks at Plant No. 1,
Specification No. S-2020-114813D, for a total amount not to exceed $1,319,313; and
B. Approve a contingency of $131,932 (10%).
BACKGROUND
At Orange County Sanitation District (Sanitation District) Plant No.1, there are 52 rectangular primary
clarifier tanks which are the work horse of the wastewater treatment process. Their reliable operation
is critical to meet both effluent treatment standards and to provide quality water to the Orange County
Water District (OCWD) for reclamation. These primary clarifiers have been in service for a number of
years with significant wear, tear, and corrosion of their mechanical systems. The Board of Directors
previously authorized, and staff is completing, the first two phases of refurbishment for the primary
clarifier tanks. This final phase of refurbishment for the remaining sixteen rectangular primary
clarifier tanks is recommended to improve reliability and reduce unscheduled break downs per our
asset management philosophy.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Meet volume and water quality needs for the GWRS
• Maintain a proactive asset management program
PROBLEM
All influent wastewater must go through primary treatment. Due to the age and worn condition of the
mechanical components associated with the rectangular primary clarifiers, breakdowns are occurring
with increasing frequency. Breakdowns reduce hydraulic capacity at Plant No. 1 and negatively
impact flows available to the Groundwater Replenishment System (GWRS). In addition, the primary
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File #: 2020-1125 Agenda Date: 7/1/2020 Agenda Item No: 8.
clarifiers' reliability is crucial to the Sanitation District's ability to support upcoming capital
improvement projects that place greater reliance on the Plant No. 1 rectangular primary clarifiers for
treatment during construction of these projects.
PROPOSED SOLUTION
Staff recommends approval of a mechanical overhaul and rehabilitation of sixteen (16) rectangular
primary clarifier tanks at Plant No.1.
TIMING CONCERNS
Two Capital Improvement Projects Nos. P1-133 and P2-98 are scheduled to begin construction in
2021. These circular primary basin projects will place a greater emphasis and reliance on the
rectangular primary clarifiers at Plant No. 1. Refurbishment of the rectangular primary clarifiers
should be completed before this time.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to take action could impact the Sanitation District's readiness to provide primary treatment
which could delay or lengthen the duration of upcoming CIP projects that are dependent on reliable
primary treatment capacity during their construction periods. This could also impact our ability to
supply the desired quantity of effluent water to the GWRS.
PRIOR COMMITTEE/BOARD ACTIONS
January 2019 - Approve a Service Contract to Mehta Mechanical Company Inc., replacing the
December 19, 2018 approval of a Purchase Order, for the mechanical rehabilitation and overhaul of
twenty-four (24) Primary Clarifier Tanks at Plant No. 1, per Specification No. S-2018-985BD, for a
total amount not to exceed $1,998,000; and approved contingency of$199,800.
December 2018 - Approved a Purchase Order contract to Mehta Mechanical Company Inc. for the
mechanical rehabilitation and overhaul of twenty-four (24) Primary Clarifier tanks at Plant No. 1, per
Specification No. S-2018-98513D, for a total amount not to exceed $1,998,000; and approved a
contingency of$199,800.
June 2017 - Approved a Purchase Order to Frost Company for the mechanical rehabilitation and
overhaul of 10 Primary Clarifiers at Plant No. 1 for a total amount not to exceed $385,000, plus
applicable tax; and approved a contingency of$77,000.
ADDITIONAL INFORMATION
The Sanitation District issued a Notice Inviting Bids on April 10, 2020 for the mechanical rehabilitation
and overhaul of sixteen Primary Clarifier tanks at Plant No. 1, per Specification No. S-2020-114813D.
Eleven sealed bids were received on June 2, 2020. The bids were evaluated in accordance with the
Sanitation District's policies and procedures. Summary information of the bids received is as follows:
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File #: 2020-1125 Agenda Date: 7/1/2020 Agenda Item No: 8.
Bidder Amount
J.R. Filanc Construction Company, Inc. $1,319,312.50
Abhe & Svoboda, Inc $1,351,780.00
J.F. Shea Construction, Inc. $1,364,850.00
Mehta Mechanical Company $1,563,400.00
W.A. Rasic Construction Company, Inc. $1,587,340.00
Houalla Enterprises, Ltd. $1,681,932.00
ERS Industrial Services, Inc. $1,705,259.96
Spiess Construction Co, Inc. $1,843,850.00
Tharsos Inc. $1,874,999.92
California Building Evaluation & $2,008,878.00
Construction, Inc.
Myers-George Reed $2,088,888.00
Staff recommends awarding a service contract to the lowest responsive and responsible bidder, J.R.
Filanc Construction Company, Inc., for the mechanical rehabilitation and overhaul of sixteen (16)
primary clarifier tanks.
A contingency of 10% is recommended because of the potential for additional work required resulting
from operating constraints and seasonal wet weather occurrences.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Section 15301. Section 15301 (Class 1) exempts from CEQA "the operation,
repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
structures, facilities, mechanical equipment, or topographical features, involving negligible or no
expansion of use beyond that existing at the time of the lead agency's determination" including "(b)
Existing facilities of both investor and publicly-owned utilities used to provide electric power, natural
gas, sewerage, or other public utility services".
The project is exempt because it involves repairs and minor replacement of existing facilities
involving no expansion of use or capacity. A Notice of Exemption will be filed with the Orange County
Clerk-Recorder office after Board approval.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
recommendation will be funded under the Repair and Maintenance line item for Operations and
Maintenance Department (Fiscal Year 2020-21 Budget). The proposed funding is sufficient for this
action.
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File #: 2020-1125 Agenda Date: 7/1/2020 Agenda Item No: 8.
Date of Approval Contract Amount Contingency
07/22/2020 $1,319,313 $131,932 (10%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Service Contract
RM:dh:rc:ab:gc
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SERVICE CONTRACT
REHABILITATION OF SIXTEEN (16) RECTANGULAR
CLARIFIERS AT PLANT 1 (MP-462)
Specification No. S-2020-1148BD
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 "OCSD") and J.R. Filanc Construction
Company, Inc. with a principal place of business at 740 North Andreasen Avenue, Escondido,
California 92029 (hereinafter referred to as "Contractor") collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD desires to temporarily retain the services of Contractor for the Rehabilitation
of Sixteen (16) Rectangular Clarifiers at Plant 1 (MP-462) "Services" as described in Exhibit "A";
and
WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No.
OCSD-52; and
WHEREAS, on July 22, 2020, the Board of Directors of OCSD, by minute order, authorized
execution of this Contract between OCSD 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 OCSD and the
Contractor. The terms and conditions herein exclusively govern the purchase of Services
as described in Exhibit"A".
1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as
though fully set forth at length herein.
Exhibit "A" Scope of Work as modified by Addendum No. 1
Exhibit "B" Bid
Exhibit "C" Acknowledgement of Insurance Requirements
Exhibit "D" OCSD Safety Standards and
Safety SOP-102 Personal Protective Equipment (PPE)
Safety SOP-604 Confined Space
Safety SOP-605 Control of Hazardous Energy (LOTO)
Safety SOP-607 Hazard Communication
Safety SOP-626 Fall Protection
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 of this Contract shall in all respects
govern and control.
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1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
1.5 The various headings in this Contract are inserted for convenience only and shall not affect
the meaning or interpretation of this Contract or any paragraph or provision hereof.
1.6 The term "days", when used in the Contract, shall mean calendar days, unless otherwise
noted as business days.
1.7 OCSD 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 OCSD with all required premiums and/or overtime work at no
charge beyond the price provided under"Compensation" below.
1.10 Except as expressly provided otherwise, OCSD 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 OCSD.
2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided
under this Contract shall be a total amount not exceed One Million, Three Hundred Nineteen
Thousand, Three Hundred Thirteen Dollars ($1,319,313.00).
3. California Department of Industrial Relations(DIR) Registration and Record of Wages
3.1 To the extent Contractor's employees and/or its subcontractors who will perform Work
during the design and preconstruction phases of a construction contract or perform work
under a maintenance contract for which Prevailing Wage Determinations have been issued
by the DIR and as more specifically defined under Labor Code Section 1720 et seq,
Contractor and its subcontractors shall comply with the registration requirements of Labor
Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to
compliance monitoring and enforcement by the DIR.
3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall
comply with all the provisions of Labor Code Section 1776, and shall submit payroll records
to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-
compliance with the requirements of Section 1776 may be deducted from progress
payments per Section 1776.
3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided
the public request is made through OCSD, the Division of Apprenticeship Standards or the
Division of Labor Standards Enforcement of the Department of Industrial Relations.
3.4 The Contractor and its subcontractors shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e).
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4. Payments and Invoicing
4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD's Project
Manager or designee, of itemized invoices submitted for Clarifiers completed in accordance
with Exhibit "A", and for the prices set forth in Exhibit "B". OCSD, at its sole discretion, shall
be the determining party as to whether the Clarifiers have been satisfactorily completed.
4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at
APStaff(b_OCSD.com and "INVOICE" with the Purchase Order Number and Specification
No. S-2020-1148BD shall be referenced in the subject line.
5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of
three (3) years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of Contractor relating to the invoices
submitted by Contractor pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services
identified in Exhibit"A". Contractor shall perform said Services in accordance with generally
accepted industry and professional standards.
7. Modifications to Scope of Work Requests for modifications to the Scope of Work
hereunder can be made by OCSD at any time. All modifications must be made in writing
and signed by both Parties.
8. Contract Term The Services provided under this Contract shall be completed within 365
calendar days from the effective date of the Notice to Proceed.
9. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties.
10. Performance Time is of the essence in the performance of the provisions hereof.
11. Termination
11.1 OCSD reserves the right to terminate this Contract for its convenience, with or without
cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate.
Upon receipt of a termination notice, Contractor shall immediately discontinue all work under
this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30)
days, pay Contractor for work performed (cost and fee)to the date of termination. Contractor
expressly waives any claim to receive anticipated profits to be earned during the
uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OCSD from any further fee, cost or claim hereunder by Contractor
other than for work performed to the date of termination.
11.2 OCSD reserves the right to terminate this Contract immediately upon OCSD's determination
that Contractor is not complying with the Scope of Work requirements, if the level of service
is inadequate, or any other default of this Contract.
11.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written
notice to Contractor:
■ if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
■ if Contractor sells its business; or
■ if Contractor breaches any of the terms of this Contract; or
■ if total amount of compensation exceeds the amount authorized under this Contract.
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11.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor
to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
12. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed 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
OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a
subcontract until all insurance required of the subcontractor has been obtained. Failure to
maintain required insurance coverage shall result in termination of this Contract.
13. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may
arise out of or be caused by Contractor's services under this Contract, or by its
subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Contract. Except as to the sole active negligence of or willful misconduct of OCSD,
Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and
appointed officials, officers, agents and employees, from and against any and all claims,
liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or
death of any person or damage to property or interference with the use of property, arising
out of or in connection with Contractor's performance under the Contract, and/or (b) on
account of use of any copyrighted or uncopyrighted material, composition, or process, or
any patented or unpatented invention, article or appliance, furnished or used under the
Contract, and/or (c) on account of any goods and services provided under this Contract.
This indemnification provision shall apply to any acts or omissions, willful misconduct, or
negligent misconduct, whether active or passive, on the part of Contractor of or anyone
employed by or working under Contractor. To the maximum extent permitted by law,
Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or
proceedings have merit or are meritless, or which involve claims or allegations that any of
the parties to be defended were actively, passively, or concurrently negligent, or which
otherwise assert that the parties to be defended are responsible, in whole or in part, for any
loss, damage, or injury. Contractor agrees to provide this defense immediately upon written
notice from OCSD, and with well qualified, adequately insured, and experienced legal
counsel acceptable to OCSD.
14. OCSD Safety Standards OCSD requires Contractor and its subcontractor(s)to follow and
ensure their employees follow all Federal, State, and local regulations as well as OCSD
Safety Standards while working at OCSD locations. If during the course of the Contract it is
discovered that OCSD 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 OCSD. Contractor and all of its employees and
subcontractors, shall adhere to all applicable OCSD Safety Standards attached hereto in
Exhibit "D" including Safety SOP-102 Personal Protective Equipment (PPE), Safety SOP-
604 Confined Space, Safety SOP-605 Control of Hazardous Energy (LOTO), Safety SOP-
607 Hazard Communication, Safety SOP-626 Fall Protection, and the Human Resources
Policies in Exhibit "E".
15. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply:
15.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence
on the date of acceptance by the OCSD Project Manager or designee of the work as
complete.
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15.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work
as specified in Exhibit "A", OCSD 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 OCSD and Contractor, take all such actions as are necessary to
correct or complete the noted deficiency(ies) at Contractor's sole expense.
16. Force Maieure Neither party shall be liable for delays caused by accident, flood, acts of
God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected
by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated
from the Contract.
17. Frei_ght (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.
18. 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 OCSD, it shall
immediately inform OCSD of this and shall not proceed, except at Contractor's risk, until
written instructions are received from OCSD.
19. Re_pulatory 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.
20. 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.
21. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to
OCSD 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.
22. 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 OCSD as a result of
Contractor's noncompliance therewith. Any permission required by law to be included
herein shall be deemed included as a part of this Contract whether or not specifically
referenced.
23. Contractor's Employees Compensation
23.1 Davis-Bacon Act — Contractor will pay and will require all subcontractors to pay all
employees on said project a salary or wage at least equal to the prevailing rate of per diem
wages as determined by the Secretary of Labor in accordance with the Davis-Bacon Act for
each craft or type of worker needed to perform the Contract. The provisions of the Davis-
Bacon Act shall apply only if the Contract is in excess of two thousand dollars ($2,000.00)
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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.
23.2 General Prevailing Rate — OCSD has been advised by the State of California Director of
Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the
work is to be performed for each craft or type of work needed to execute this 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,
OCSD 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.
23.3 Forfeiture For Violation—Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00)
for each calendar day or portion thereof for each worker paid (either by the 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.
23.4 Apprentices—Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California,
regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or
more or twenty(20)working days or more; or if contracts of specialty contractors not bidding
for work through the general or prime Contractor are two thousand dollars ($2,000.00) or
more or five (5) working days or more.
23.5 Workday— In the performance of this Contract, not more than eight(8) hours shall constitute
a day's work, and the Contractor shall not require more than eight(8) hours of labor in a day
from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter
1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit
to OCSD as a penalty, the sum of twenty-five dollars ($25.00)for each worker employed in
the execution of this Contract by Contractor or any subcontractor for each calendar day
during which any worker is required or permitted to labor more than eight (8) hours in any
one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article.
Contractor shall keep an accurate record showing the name and actual hours worked each
calendar day and each calendar week by each worker employed by Contractor in connection
with the project.
23.6 Record of Wages; Inspection — Contractor agrees to maintain accurate payroll records
showing the name, address, social security number, work classification, straight-time and
overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the
project and agrees to require that each of its subcontractors do the same. All payroll records
shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records and
those of its subcontractors shall be available to the employee or employee's representative,
the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards
and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties
for non-compliance with the requirements of Section 1776 may be deducted from project
payments per the requirements of Section 1776.
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24. South Coast Air Quality Management District's (SCAQMD) Requirements It is
Contractor's responsibility that all equipment furnished and installed be in accordance with
the latest rules and regulations of the South Coast Air Quality Management District
(SCAQMD). All Contract work practices, which may have associated emissions such as
sandblasting, open field spray painting or demolition of asbestos containing components or
structures, shall comply with the appropriate rules and regulations of the SCAQMD.
25. Governin_p 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.
26. Breach The waiver of either party of any breach or violation of, or default under, any
provision of this Contract, shall not be deemed a continuing waiver by such party of any
other provision or of any subsequent breach or violation of this Contract or default
thereunder. Any breach by Contractor to which OCSD does not object shall not operate as
a waiver of OCSD's rights to seek remedies available to it for any subsequent breach.
27. Remedies In addition to other remedies available in law or equity, if the Contractor fails to
make delivery of the goods or Services or repudiates its obligations under this Contract, or
if OCSD rejects the goods or Services or revokes acceptance of the goods or Services,
OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price
OCSD has paid, and/or (3) "cover" by purchasing, or contracting to purchase, substitute
goods or Services for those due from Contractor. In the event OCSD elects to "cover" as
described in (3), OCSD 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.
28. Dispute Resolution
28.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute
by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the
dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted
in accordance with the Commercial Mediation Rules of the American Arbitration 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.
28.2 In the event the Parties are unable to timely resolve the dispute through mediation, the
issues in dispute shall be submitted to arbitration pursuant to California Code of Civil
Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and
those two(2)arbitrators shall select a third. Discovery may be conducted in connection with
the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make
such investigation as deemed appropriate and shall render a written decision on the matter
in question. The arbitrator shall decide each and every dispute in accordance with the laws
of the State of California. The arbitrator's decision and award shall be subject to review for
errors of fact or law in the Superior Court for the County of Orange, with a right of appeal
from any judgment issued therein.
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29. Attorney's Fees If any action at law or inequity or if any proceeding in the form of an
Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and
necessary disbursements in addition to any other relief to which he may be entitled.
30. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
31. Severability If any section, subsection, or provision of this Contract, or any 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.
32. Damage to OCSD's Property Any of OCSD's property damaged by Contractor, any
subcontractors or by the personnel of either will be subject to repair or replacement by
Contractor at no cost to OCSD.
33. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
34. Independent Contractor The legal relationship between the parties hereto is that of an
independent contractor, and nothing herein shall be deemed to make Contractor an OCSD
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 OCSD's officers,
employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OCSD's employees.
35. Limitations upon Subcontracting and Assignment Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OCSD.
Any such attempted delegation or assignment shall be void.
36. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OCSD and Contractor.
37. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall
be personally liable to Contractor, or any successor-in-interest, in the event of any default
or breach by OCSD or for any amount which may become due to Contractor or to its
successor, or for breach of any obligation for the terms of this Contract.
38. Read and Understood By signing this Contract, Contractor represents that he has read
and understood the terms and conditions of the Contract.
39. Authority to Execute The persons executing this Contract on behalf of the Parties warrant
that they are duly authorized to execute this Contract and that by executing this Contract,
the Parties are formally bound.
40. Entire Contract This Contract constitutes the entire agreement of the Parties and
supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter
hereof.
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41. Notices All notices under this Contract must be in writing. Written notice shall be delivered
by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed
destination and provides proof of delivery to the sender. Rejection or other refusal to accept
or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent.
All notices shall be effective when first received at the following addresses:
OCSD: Darius Ghazi, Senior Buyer
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Contractor: Luis Reyes
General Manager
J.R. Filanc Construction Company, Inc.
740 North Andreasen Avenue
Escondido, CA 92029
Each party shall provide the other party written notice of any change in address as soon as
practicable.
IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives.
ORANGE COUNTY SANITATION DISTRICT
Dated: By:
David John Shawver
Chair, Board of Directors
Dated: By:
Kelly A. Lore
Clerk of the Board
Dated: By:
Ruth Zintzun
Purchasing & Contracts Manager
J.R. FILANC CONSTRUCTION COMPANY, INC.
Dated: By:
Print Name and Title of Officer
IRS Employer's I.D. Number
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Exhibit A
SCOPE OF WORK
For
Rehabilitation of Sixteen (16) Rectangular Clarifiers at Plant 1 (MP-462)
EXHIBIT A Specification No. 2020-1148BD
EXHIBIT A
SCOPE OF WORK
REHABILITATION OF SIXTEEN (16) RECTANGULAR
CLARIFIERS AT PLANT 1 (MP-462)
SPECIFICATION NO. 2020-1148BD
EXECUTIVE SUMMARY/ OVERVIEW
In 1993, the Orange County Sanitation District (OCSD) constructed 10 rectangular
primary sedimentation basins (PSBs) 6-15 on the westside of the primary treatment area
at Plant No. 1. This work was performed as project P1-33. In 2006, the OCSD added 16
additional rectangular primary sedimentation basins (PSBs16-31) under project P1-37,
resulting in a primary clarifier complex of 26 rectangular sedimentation basins known
collectively as PSBs 6-31. PSBs 6-31 have a combined design capacity of 160 MGD. The
sedimentation basins are separated into four quadrants; Quadrant 1 includes PSBs 6-14
(even numbered), Quadrant 2 includes PSBs 7-15 (odd numbered), Quadrant 3 includes
PSBs 17-31 (odd numbered), and Quadrant 4 includes PSBs 16-30 (even numbered).
Primary sludge is produced in PSBs 6-31 through a "co-thickening" operation where dilute
sludge is routed from Quadrants 1 and 2 to Dilute Sludge Sump 1 (DSS1) and then
pumped to a sludge flume in Quadrant 4 sedimentation basins to be co-thickened with
Quadrant 4 primary influent. Quadrant 3 clarifier sludge is drained to Dilute Sludge Sump
2 (DSS2) and pumped directly to the digesters without co-thickening.
The Contractor shall perform a turnkey solution including new replacement parts or
approved equal parts to rehabilitate eight (8) pairs, sixteen (16) Rectangular Clarifier
Basin Tank Sludge Collector Mechanisms, associated with original project P1-33.
1. BACKGROUND/GENERAL PROJECT DESCRIPTION
The Chain-and-Flight Clarifier equipment components in 8 clarifier pairs, 16 clarifier
basin tanks, shall be replaced at the Rectangular Primary Sedimentation Basins
Clarifiers at Plant 1. All replacement equipment components shall be provided by the
Original Equipment Manufacturer (OEM) Brentwood Industries Inc. (PolyChem
Systems), Evoqua (Envirex), or as stated herein. All components and parts shall be
supplied from the same manufacturer. The Work, in general, consists of replacement
of all mechanical collection system components as stated herein.
2. DEFINITIONS
• OCSD — Orange County Sanitation District
• LOTO — Lock-out/Tag-out
• Clarifier Basin(s) — "Clarifier(s)" or "Basin(s)"
EXHIBIT A Page 1 of 10 Specification No. 2020-1148BD
3. PROJECTIWORK ELEMENTS
The Contractor shall perform the following turnkey solutions including new
replacement parts or approved equal parts to rehabilitate sixteen (16) Rectangular
Clarifier Basins associated with original project P1-33.
OCSD reserves the right to choose the location, sequence, and number of
basins to be worked on during the duration of this Project.
3.1.General
Contractor shall have performed similar work described within this scope and
demonstrate they have the experience and ability to conduct the work as
completely and as diligently as required under the terms of the Contract.
3.1.1. All parts, unless noted otherwise, are to be supplied by Contractor, at a
minimum as listed in APPENDIX A-1. Additional parts may be needed to
complete job. Replacement parts shall be new. No refurbished parts are
to be used.
3.1.2. All work performed by Contractor on the equipment listed herein shall be
completed in accordance with manufacturer recommendations,
instructions, and as required by the latest applicable codes and
regulations. As-built Drawings are attached in APPENDIX A-2 for
reference use.
3.1.3. The Operations and Maintenance (O&M) manuals and
specifications/procedures for the Primary Rectangular Clarifiers are
attached in APPENDIX A-3 for reference use.
3.1.4. OCSD reserves the right to keep all used, unused, and replaced parts. No
project materials or equipment shall be taken off the Project/Construction
site without OCSD written authorization.
3.1.5. Contractor shall provide detailed submittals/procedures with part numbers
and their dimensions for review and approval by OCSD for all parts prior
to fabrication or procurement by the Contractor. OCSD will respond to the
Contractor within 20 days.
3.1.6. Except as specified elsewhere herein, Contractor shall furnish the
following:
1) Field Supervision
2) Field Office Support
3) Labor
4) Permanent Materials
EXHIBIT A Page 2 of 10 Specification No. 2020-1148BD
5) Construction Equipment and Tools
6) Consumable Supplies
7) Transportation
8) Testing
9) Safety Equipment and Personnel Protection Equipment
10) Temporary and Support Facilities
11) Forklift
12) Crane
13) Any other items not listed required to perform all activities described
herein.
OCSD will provide all laydown area required for project. Contractor shall
include all expenses/costs related to the trailer/laydown in their bid at no
additional cost to OCSD.
3.1.7. Contractor shall bring all discrepancies between the Scope of Work,
Specifications, and Reference Drawings, upon discovery, and in a timely
manner to the attention of OCSD for resolution. No extra work shall
proceed without OCSD's prior written authorization.
3.1.8. In the case of a wet weather/ storm event or other unforeseen
circumstances, OCSD may require the Contractor to abandon work for up
to a week on an in-process basin(s) and remove all equipment from the
premises. OCSD will attempt to provide a minimum of 24-hour advanced
notice of such an event.
3.1.9. All work on each pair of basins shall be completed within three (3) work
weeks. If the Contractor requires additional time to complete a basin,
written request of work extension is required by the Contractor, along with
approval from OCSD.
3.1.10. OCSD will provide the Contractor up to two (2) pairs, four (4) Clarifier
basins at a time.
3.1.11. OCSD reserves the right to witness Contractor's activities, including but
not limited to all tests performed by Contractor. Contractor shall redo test,
if they are deemed unreliable or erroneous at OCSD's sole discretion at
no additional cost.
3.1.12. Hazardous substances, including all construction debris, shall be disposed
of in an environmentally safe manner by Contractor at no additional cost
and with prior approval from OCSD. Under no circumstances shall
hazardous wastes be commingled with non-hazardous wastes.
3.1.13. Contractor shall be responsible for the repair or replacement-in-kind of any
item damaged by Contractor or Contractor's Subcontractor without any
EXHIBIT A Page 3 of 10 Specification No. 2020-1148BD
cost or schedule impact to OCSD until complete turnover and Acceptance
of the Scope of Work by OCSD.
3.1.14. Contractor shall coordinate the work to avoid any interference with normal
operations of plant equipment and processes. Written shutdown requests
shall be submitted to the OCSD Project Manager. Request shall identify
the system or equipment included in the shutdown request. The OCSD
Project Manager's written acceptance of shutdown requests shall be
obtained fourteen (14) days in advance. Any work that blocks roadways,
access to buildings, and parking lots shall require written acceptance from
OCSD. Contractor shall follow OCSD's LOTO procedures for isolation of
equipment. OCSD will provide tags and Contractor shall provide lockout
devices. If work on energized electrical systems is required, refer to the
section entitled "Working on Energized Systems" of the OCSD Safety
Standards.
3.2.Work Element
3.2.1. Perform all Operational and Maintenance tasks per the Original Equipment
Manufacturer (OEM) Manual, attached for reference, APPENDIX A-3.
3.2.2. The service includes but not limited to all labor, supplies, OEM or approved
equal parts and equipment to complete the following tasks:
3.2.2.1. Perform LOTO. Wash down the empty basin removing any
remaining materials, sediments, debris, etc. to provide for a safe
environment enabling high quality repair work to proceed. Provide
an appropriate safety barrier to prevent parts/people from
inadvertently falling into the Clarifier.
3.2.2.2. Inspect and remove existing equipment but not limited to the plastic
drive chain and links, weld-washers on wear strips, plastic drive, bull
sprocket, drive sprockets, and idler sprockets, and flight shoes. After
measuring, recording, and documenting the parts' current condition
and mechanical wear, etc., remove and replace the components
with new OEM or approved equal replacement parts.
3.2.3. Equipment Installation
3.2.3.1. Install the following parts but not limited to: bull sprocket, wear strips,
floor shoes, return shoes, stub shaft bearings, collector chain, drive
chain, drive sprockets, idler sprockets, broken/damaged flights
(flights will be provided by OCSD), tension collector chain, flight
attachments, filler blocks, wear strip hardware, align drive sprockets
and align drive chain. See APPENDIX A-1 for the parts list.
EXHIBIT A Page 4 of 10 Specification No. 2020-1148BD
3.2.3.2. Inspect and replace all wear strips with new 4" wide wear strips,
ensuring proper placement(-3/8"to '/z"gap)with respect to the flight
shoes. The mounting hardware to be installed appropriately to
ensure that the wear strips are securely mounted to the basin floor,
while ensuring that they do not protrude excessively, prematurely
wearing the shoes on the flights.
3.2.3.3. Adjust the plastic drive chain tension appropriately, ensuring that all
the flights are appropriately aligned and uniformly distributed on
both sides of the drive chains; and, that neither the plastic chain nor
flights inappropriately contact or rub against the basin ceiling, etc.
during operation. The flight shoes should be properly aligned and
riding on the wear strips; and, the flights should be perpendicular to
the basin walls to withstand misalignment operation alarms.
3.2.3.4. OSCD will perform a job walk with the Contractor on each basin tank
prior to any repairs being made, as well as subsequent work being
performed. OCSD will review the completed repairs and
workmanship after each basin rehabilitation. A test run will be
performed to ensure the installation is done correctly before OCSD
releases additional basins. OCSD has the right to require the
Contractor to address or fix any perceived deficiencies, errors, etc.
that are not in alignment with OCSD expectations.
3.2.3.5. After each basin rehabilitation and OCSD test run approval, vactor
services shall jet and vactor debris and material in each hopper,
including drain line.
4. MATERIAL REQUIREMENTS
The Contractor shall perform the following turnkey solutions including OEM parts
required to rehabilitate sixteen (16) Primary Rectangular Clarifier Basins associated
with this project:
4.1.For material use 100% Virgin UHMW/PE polymer per ASTM D4020-05a; 4.2
million min molecular weight and 24 min IV (intrinsic viscosity), Nylon-6, or
approved equal. See APPENDIX A-1 for parts list.
4.2.Reference APPENDIX Al for material requirements of Parts List.
5. RESOURCES AVAILABLE
Material/Equipment laydown and staging area can be provided as necessary. The
Contractor shall be solely responsible to secure the laydown and staging area for all
Contractor tools, equipment and delivered parts for this contract. Tools and equipment
EXHIBIT A Page 5 of 10 Specification No. 2020-1148BD
shall be properly rated for the intended application and area classifications. Restroom
Facilities shall be provided by the Contractor for the duration of the job, adequately
sized and maintained for the construction crew. Access to 120v electrical supply, non-
potable water, and compressed air available for use by the Contractor in the work area
during this project.
6. PROJECT SCHEDULE
The project schedule will be dependent upon the availability of the basin(s), the asset
demand at that particular time, and the required coordination of other ongoing projects
or planned asset outings. The following schedule is provided for illustration purposes
only. The actual project schedule will depend on basin availability at the time of
mobilization readiness.
Milestones/Timelines Deadline
(Weeks from Notice to Proceed Date)
Kick-Off Meeting / Notice to Proceed 0
Work Begins on first Set of Basins 5
Work Begins on Subsequent Basins 8
(1) Each pair of basins shall be completed within three (3) weeks, from the start of
these Basins unless there is a wet weather/storm event.
7. PROJECT MANAGEMENT
7.1.Meetings
A minimum of one week prior to start of work, a meeting with relevant OCSD staff
shall be held to establish appropriate contacts and review the Contractor's plan to
implement this work, training records, safety plans, etc. If necessary, additional
meetings may be required.
Contract conferences shall be held on an on-call basis with OCSD staff to keep
OCSD apprised of the job, review work in progress, and receive comments.
Conferences shall be held at the OCSD's offices. All notes and decision items shall
be captured by the Contractor and reported in electronic format. The formal
agenda shall be submitted with the previous meeting notes at least one week prior
to each meeting.
7.2.Project Kick-Off Meeting
The Contractor and subcontractors shall attend the initial kick off meeting where
team members will be introduced to each other. Contractor shall provide a draft
workplan and schedule at the initial kick off meeting.
7.3.Project Progress Meetings
EXHIBIT A Page 6 of 10 Specification No. 2020-1148BD
The Contractor and subcontractors shall attend progress meetings throughout the
life of the project in order to coordinate all issues related to the work. Progress
meetings shall be held every other week, or as determined by OCSD.
8. DELIVERABLES
Contractor shall provide the following deliverables and others as specified herein:
8.1.Progress Reports
With the first invoice provide a schedule of values which breaks down each bid
item into sub items. Each invoice shall be accompanied by a detailed progress
report of work completed and an updated work schedule. The progress report shall
include at a minimum the following: a description of a) current activities; b) future
activities; c) potential out-of-scope items; d) concerns and possible delays; and e)
percentage of completion. If invoices are not submitted monthly, provide the
schedule of values, reports, and schedules on a monthly basis. Include with each
invoice, a detailed photo log (high resolution) of equipment and material before
and after changes or improvements are made.
8.2.Final Report
A final job report shall be completed by the Contractor after the completion of the
assigned work. The final job report shall include the following:
• Field repairs performed and their locations.
• A detailed list of the replacement parts installed and their parts numbers.
• Digital field photos of the work performed.
• Detailed description of any major mechanical issues found and repaired with
digital photos
Three (3) hardcopies and one (1) digital file of the final job report including detailed
written field observations, digital color photos shall be delivered to OCSD: Project
Manager, (Office Phone No. 714-593-7085) within 14-business days following the
completion of the last contracted basin rehab work. Note: All text documents must
be completed in MS Word.
9. SAFETY & HAZARDOUS MATERIALS
9.1.Plant 1 P1-33 Primary Rectangular Clarifier Basins are a designated permit
required confined space as defined by Cal OSHA. The Contractor will be required
to provide confined space entry trained personnel capable of planning and
performing confined space entries, and rescue of entry personnel from the
Rectangular Clarifier Basins and appurtenances, as necessary. In addition, the
Contractor is required to have an entry and rescue plan for this work approved by
the OSCD Safety Department. The Contractor shall provide confined space
EXHIBIT A Page 7 of 10 Specification No. 2020-1148BD
rescue response on-site for contract personnel. The Contractor shall supply
personnel with the proper certification and training and provide proof of the same.
9.2.The Contractor shall also be responsible for training their personnel in fall
protection and the proper use of personal protection equipment (PPE),
appropriate for safely working in this environment.
9.3.The Contractor shall provide personnel with an experience level suitable for
identifying hazards that may occur during the normal course of work.
9.4.Contractor shall provide each field staff member with an individual Gas Tech
Analyzer for the duration of the project.
9.5.Contractor shall also provide a job site foreman or supervisor responsible for
furnishing required tools, equipment, and supplies necessary to conduct and
complete the above listed tasks as requested by OCSD. Any questions
concerning safety or job hazards shall be submitted electronically to the OCSD
Project Manager. The Contractor shall adhere to all OCSD's policies and
procedures.
9.6.Job Hazard Analysis
A Job Hazard Analysis, (JHA), or Job Safety Analysis, (JSA), will be provided to
the Contractor. Any questions concerning safety and job hazards shall be
submitted by the Contractor electronically or in writing and shall be answered by
OCSD Safety Department electronically or in writing and saved in the project
records. The Contractor will adhere to all of OCSD's policies and procedures.
10.CONTRACT MANAGEMENT
The Contractor will be assigned a single point of contact on this project. All enquiries
shall be addressed to this contact except any meetings or job walks related to this
project, which shall be scheduled and approved by the Project Manager.
11.STAFF ASSISTANCE
The Contractor will be assigned a single point of contact on this project. Any meetings
and/or correspondence related to this project shall be scheduled and approved by the
Project Manager. In addition, Contractor's staff shall be available to support the
OCSD's staff for LOTO and consultation during Contractor working days.
12.PAYMENT SCHEDULE FOR LABOR AND PARTS
In order to reduce the Contractor's parts Carrying cost, OCSD will pay the Contractor
for all labor and parts based on deliveries of parts for up to eight (8) clarifiers on the
following schedule:
EXHIBIT A Page 8 of 10 Specification No. 2020-1148BD
12.1. Payments for each of the first four (4) clarifiers (Clarifiers# 1, 2, 3, 4, 9, 10,
11 12) - Upon the successful installation/rehab of each clarifier OCSD shall pay
one (1) unit of Labor as Bid submitted per Bid Price Form (Exhibit B Line 1) and
up to two (2) basins worth of parts (if already delivered to OCSD) as Bid submitted
per Bid Price Form (Exhibit B Line 2).
12.2. For each of the second four (4) clarifiers (Clarifiers# 5, 6, 7, 8, 13, 14, 15,
16) - Upon the successful installation/ rehab of each clarifier OCSD shall only pay
one (1) unit of Labor as Bid submitted per Bid Price Form (Exhibit B Line 1).
EXHIBIT A Page 9 of 10 Specification No. 2020-1148BD
Orange County Sanitation District Page 3
Rehabilitation of Sixteen(16)Rectangular Clarifiers at Plant 1 (MP-462)(S-2020-1148BD),bidding on June 2,2020 2:00 PM Printed 06/02/2020
Bid Results
Bidder Details
Vendor Name J.R.Filanc Construction Co.Inc.
Address 740 N.Andreasen Ave.
Escondido,CA 92029
United States
Respondee Luis Reyes
Respondee Title General Manager
Phone 626-391-1484 Ext.
Email Ireyes@filanc.com
Vendor Type CADIR
License# 134877
CADIR 1000001631
Bid Detail
Bid Format Electronic
Submitted June 2,2020 1:28:32 PM(Pacific)
Delivery Method
Bid Responsive
Bid Status Submitted
Confirmation# 214273
Ranking 0
Respondee Comment
Buyer Comment
Attachments
File Title File Name File Type
Exhibit K:Bidders Bond Exhibit K Bidders Bond.pdf Bid Bond
Exhibits C,G,H,I,J Exhibit C,G,H,I,J.pdf General Attachment
Line Items
Type Item Code UOM Qty Unit Price Line Total Comment
TOTAL Estimated Lump Sum(Cost of Basin Rehabilitation in accordance with the Scope of Work,Exhibit A,including applicable material,
sales tax,labor,freight(FOB Destination),equipment,confined space entries,safety provisions,Estimated optional Vactor and Jetting
Services and miscellaneous costs.BIDDERS MUST BID ON ALL LINE ITEMS.NOT BIDDING ON ALL LINE ITEMS SHALL DEEM THE BID
SUBMITTED AS NON-RESPONSIVE.
1 Labor Cost Per Basin-Rehabilitation of Rectangular Clarifier Basins per Installation of New Parts&Components(Per Scope of Work)
PER BASIN 16 $33,960.00 $543,360.00
2 Parts only Per Basin—including related hardware and applicable Sales tax and Freight(FOB Destination)(Per Appendix A-1)
PER BASIN 16 $42,625.00 $682,000.00
3 Optional—Vactor And Jetting Services-Hourly Bill rate for these optional services shall include all vactor/jetting equipment necessary to conduct this
service,including the operating staff,and other misc.cost associated with this service.
PER HOUR 150 $626.35 $93,952.50
Subtotal $1,319,312.50
Total $1,319,312.50
PlanetBids,Inc.
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1010 Agenda Date: 7/1/2020 Agenda Item No: 9.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of the Orange
County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support
of the sole source specification of SUEZ Water Technologies & Solutions for refurbishing four existing
bar screens and for furnishing two new bar screens for Headworks Rehabilitation at Plant No. 1,
Project No. P1-105".
BACKGROUND
The headworks facilities are the first treatment process at a wastewater treatment plant and protect
downstream equipment by removing large objects and abrasive materials. Large objects are
removed by bar screens which are racks of bars placed in a channel with a mechanical rake to
remove the collected material from the channel.
Headworks Rehabilitation at Plant No. 1, Project No. P1-105, is a complete renovation of the existing
headworks, including the bar screens.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Comply with Public Contract Code Section 3400
• Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source
Procurement
PROBLEM
The existing bar screen facility at Orange County Sanitation District's (Sanitation District) Plant No. 1
includes six bar screen channels. Four are currently equipped with bar screens; two with 5/8-inch
clear spacing and two with 1-inch clear spacing. All four screens were manufactured by Infilco
Degremont, Inc., which has since been acquired by SUEZ Water Technologies & Solutions (Suez).
Orange County Sanitation District Page 1 of 3 Printed on 6/24/2020
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File #: 2020-1010 Agenda Date: 7/1/2020 Agenda Item No: 9.
The two existing 5/8-inch screens are in poor condition and need complete refurbishment. The 1-
inch bar screens are used only under high flow conditions because the larger material they allow to
pass causes plugging in downstream equipment. This project will refurbish the two 5/8-inch screens,
replace the two 1-inch screens with 5/8-inch screens, and install two additional 5/8-inch screens in
the remaining channels. The additional screens are needed because the 5/8-inch screens have a
lower hydraulic capacity than the 1-inch screens.
Refurbishing the four existing bar screens is estimated to save approximately $2 million instead of
replacing them. Replacing the bar screens would also require channel modifications that would likely
reduce the hydraulic capacity of the channels. To ensure efficient and reliable operation, all six bar
screens should be of the same design and manufacture. Only Suez can supply the parts and
material to refurbish the four existing bar screens. Therefore, only Suez can supply bar screens that
match the four existing bar screens.
PROPOSED SOLUTION
Adopt a resolution supporting sole sourcing of the refurbishment of the four existing bar screens and
furnishing two new screens.
Suez has committed to a price of approximately $3.8 million for the scope of this work. The design
consultant has confirmed that this price is fair and reasonable based on a review of prices for similar
installations.
TIMING CONCERNS
Without this sole source approval, staff cannot advertise this project for bids. That would delay the
start of construction and potentially result in construction cost escalation.
RAMIFICATIONS OF NOT TAKING ACTION
Not approving Suez as a sole source manufacturer would require more destructive replacement and
retrofitting to accommodate competing bar screen manufacturers. Design and construction costs
would also increase.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The Sanitation District and the Design Consultant completed a condition assessment and performed
evaluation studies to investigate the screening mechanism, replacement of existing bar screens, and
installing new bar screens.
The Sanitation District determined that the four rehabilitated bar screens and two new bar screens
should be of the same technology and manufacturer so that all six bar screens share materials of
construction, design, and spare parts. This approach is the most cost-effective solution.
Orange County Sanitation District Page 2 of 3 Printed on 6/24/2020
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File #: 2020-1010 Agenda Date: 7/1/2020 Agenda Item No: 9.
CEQA
To comply with CEQA, as the lead agency, the Sanitation District Board of Directors adopted
Resolution No. OCSD 19-07 on July 24, 2019 certifying a Mitigation Negative Declaration that was
prepared for this project.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted (Adopted Budget Fiscal Years 2020-2021 and 2021-2022, Section 8, Page
54) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 20-XX
GR:dm:gc
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RESOLUTION NO. OCSD 20-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT
TO PUBLIC CONTRACT CODE SECTION 3400 IN SUPPORT OF THE
SOLE SOURCE SPECIFICATION OF SUEZ WATER
TECHNOLOGIES & SOLUTIONS FOR REFURBISHING FOUR
EXISTING BAR SCREENS AND FOR FURNISHING TWO NEW BAR
SCREENS FOR HEADWORKS REHABILITATION AT PLANT NO. 1,
PROJECT NO. P1-105
WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly
organized County Sanitation District existing pursuant to the County Sanitation District
Act, California Health and Safety Code Section 4700, et seq., providing for the
ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California; and
WHEREAS, Public Contract Code Section 3400 provides that local agencies may
describe in the invitation for bids or request for proposals that a particular material,
product, thing or service is designated by specific brand or trade name if the awarding
authority, or its designee, finds that the product is designated "in order to obtain a
necessary item that is only available from one source"; and
WHEREAS, Public Contract Code Section 3400 establishes that an item is
available from only one source if there is not an "equal" product, meaning a product that
will "function as well, in all essential respects" as the designated product; and
WHEREAS, Carollo Engineers, Inc., the Sanitation District's Design Consultant,
has completed the plans and specifications for the Headworks Rehabilitation at Plant
No. 1, Project No. P1-105 ("Project"); and
WHEREAS, the Project includes refurbishing four existing bar screens and
furnishing two new bar screens; and
WHEREAS, the four bar screens to be refurbished were manufactured by a Infilco
Degremont, Inc., which has since been acquired by SUEZ Water Technologies &
Solutions; and
WHEREAS, commonality of functions, performance, parts, training, and controls
among all bar screens is a compelling need to effectively operate and maintain the bar
screens, and
WHEREAS, based on extensive research and investigation, Sanitation District
staff has determined that SUEZ Water Technologies & Solutions is the only
manufacturer of equipment suitable for refurbishing four existing bar screens and for
OCSD 20-XX-1
furnishing two new bar screens that match the existing four bar screen while being cost
effective and meeting the Sanitation District's needs.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District, does hereby resolve, declare, determine, and order
as follows:
Section 1: All of the recitals herein contained are true and correct.
Section 2: SUEZ Water Technologies & Solutions is the "like for like"
replacement of the bar screens due to technology and space requirements and is the
only manufacturer meeting the Sanitation District's needs.
Section 3: SUEZ Water Technologies & Solutions with 5/8-inch screens is a
necessary component of the Project design and is only available from one source.
Section 4: The SUEZ Water Technologies & Solutions bar screens meeting the
Sanitation District's needs shall be specified by name in the invitation for bids for the
Project.
Section 5: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held on
July 22, 2020.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 20-XX-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 20-XX was passed
and adopted at a regular meeting of said Board on the 22nd day of July 2020, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 22nd day of July 2020.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 20-XX-3
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2019-832 Agenda Date: 7/1/2020 Agenda Item No: 10.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of the Orange
County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support
of the sole source specification of Huber Technology for grit washing and dewatering systems for
Headworks Rehabilitation at Plant No. 1, Project No. P1-105".
BACKGROUND
The headworks facilities are the first treatment process at a wastewater treatment plant and protect
downstream equipment by removing large objects and abrasive materials. The current grit washing
and classification systems are based on an older technology and have poor removal efficiency.
Headworks Rehabilitation at Plant No. 1, Project No. P1-105, is a complete renovation of the existing
headworks, including replacement of the grit washing and dewatering systems.
Abrasive materials, referred to as grit, are removed in grit basins, and conveyed to a grit washing and
dewatering system to remove water and organic material. Removal of these abrasive materials is
essential to improving the life of all down-stream mechanical equipment like sludge pumps, sludge
thickening centrifuge systems, digester mixing systems, biosolids dewatering centrifuge systems and
solids storage, and truckloading systems. In addition, these abrasive materials do not produce
biogas in a digester. Rather, they tend to settle in the bottom of digesters which requires extensive
digester cleaning on a five-year cycle.
There are two technologies typically used for washing and dewatering grit at large wastewater
treatment plants: grit classifiers and a proprietary equivalent manufactured by Huber Technology
referred to as COANDA units. Other technologies used for grit washing and dewatering are not
practical or are not proven at the scale of the Orange County Sanitation District's (Sanitation District)
plants. An extensive evaluation of the technologies found that the COANDA units produce a much
cleaner grit product and generate so much less odor that the air flow rate from the building housing
the units, which must be treated using large-scale odor control units, can be substantially reduced.
As a result, utilizing the COANDA system results in an estimated life cycle cost reduction of
approximately $3 million compared to a conventional grit classifier installation.
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File #: 2019-832 Agenda Date: 7/1/2020 Agenda Item No: 10.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Comply with Public Contract Code Section 3400
• Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source
Procurement
PROBLEM
The current grit removal and treatment technology at Plant No. 1 has been in service since 1990 and
is in need of refurbishment. Improved grit removal and organic material passthrough are needed to
reduce plant odors and improve the life of mechanical equipment throughout the plant.
PROPOSED SOLUTION
Adopt a resolution supporting sole sourcing the COANDA grit washing and dewatering system as
provided by Huber Technology.
Huber Technology has committed to a price of approximately $2.3 million for this equipment. Based
on a review of prices for similar installations, staff considers this price fair and reasonable.
TIMING CONCERNS
Without this sole source approval, staff cannot advertise this project for bids. That would delay the
start of construction and potentially result in construction cost escalation.
RAMIFICATIONS OF NOT TAKING ACTION
Not selecting the Huber Technology system as a sole source manufacturer will result in larger grit
handling and odor control buildings and higher project cost. Design and construction costs will be
impacted to accommodate classifiers.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
CEQA
To comply with CEQA, as the lead agency, the Sanitation District Board of Directors adopted
Resolution No. OCSD 19-07 on July 24, 2019, certifying a Mitigation Negative Declaration that was
prepared for this project.
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File #: 2019-832 Agenda Date: 7/1/2020 Agenda Item No: 10.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted (Adopted Budget, Fiscal Years 2020-2021 and 2021-2022, Section 8, Page
54) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 20-XX
GR:dm:gc
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RESOLUTION NO. OCSD 20-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT TO
PUBLIC CONTRACTS CODE SECTION 3400 IN SUPPORT OF THE
SOLE SOURCE SPECIFICATION OF HUBER TECHNOLOGY FOR GRIT
WASHING AND DEWATERING SYSTEMS FOR HEADWORKS
REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105
WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly
organized County Sanitation District existing pursuant to the County Sanitation District
Act, California Health and Safety Code Section 4700, et seq., providing for the
ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California; and
WHEREAS, Public Contract Code Section 3400 provides that local agencies may
describe in the invitation for bids or request for proposals that a particular material,
product, thing or service is designated by specific brand or trade name if the awarding
authority, or its designee, finds that the product is designated "in order to obtain a
necessary item that is only available from one source"; and
WHEREAS, Public Contract Code Section 3400 establishes that an item is
available from only one source if there is not an "equal" product, meaning a product that
will "function as well, in all essential respects" as the designated product; and
WHEREAS, Carollo Engineers, Inc., the Sanitation District's Design Consultant,
has completed the plans and specifications for the Headworks Rehabilitation at Plant
No. 1, Project No. P1-105 ("Project"); and
WHEREAS, the Project includes four new grit washing and dewatering units,
each with a 250 gallon per minute hydraulic capacity, and ten new grit cyclones, each
with a 650 gallon per minute rated design flow; and
WHEREAS, grit cyclones are directly connected to grit washing and dewatering
units must therefore be supplied by same supplier as grit washing and dewatering
systems; and
WHEREAS, the grit washing and dewatering systems are a critical component of
the design to produce a cleaner and drier grit product while minimizing odor generation;
and
WHEREAS, the grit washer and dewatering system manufactured by Huber
Technology (Huber) is the only system that can produce the required grit product
quality; and
OCSD 20-XX-1
WHEREAS, the grit washer and dewatering system manufactured by Huber is
the only system that generates such low strength odors that the required air exchange
rate within the building housing the system can be substantially reduced; and
WHEREAS, the lower required air flow rate within the building housing the
system results in substantial life cycle cost savings compared to competing systems;
and
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District, does hereby resolve, declare, determine, and order
as follows:
Section 1: All of the recitals herein contained are true and correct.
Section 2: Huber is the only manufacturer of a grit washing and dewatering
system that can produce a cleaner, drier grit product and requires a much lower building
air flow rate resulting in large life-cycle cost savings for odor control.
Section 3: COANDA Grit Washer, Model RoSF4, Size II, by Huber, in the size of
250 gallon per minute and cyclones as provided by Huber in the size of 650 gallon per
minute is a necessary component of the Project design and is only available from one
source.
Section 4: The COANDA Grit Washer manufactured by Huber and grit cyclones
as provided by Huber meeting the Sanitation District's needs shall be specified by name
in the invitation for bids for the Project.
Section 5: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held on
July 22, 2020.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 20-XX-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 20-XX was passed
and adopted at a regular meeting of said Board on the 22nd day of July 2020, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 22nd day of July 2020.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 20-XX-3
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1012 Agenda Date: 7/1/2020 Agenda Item No: 11.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT PLANT NO. 2, PROJECT NO.
P2-98A
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Adopt Resolution No. OCSD 20-XX entitled, "A Resolution of the Board of Directors of the Orange
County Sanitation District, making findings pursuant to Public Contract Code Section 3400 in support
of the Sole Source Specification of Hallsten Corporation, manufacturer of Truss Supported Flat
Aluminum Covers for A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, as
part of Primary Treatment Rehabilitation at Plant No. 2, Project No. P2-98".
BACKGROUND
Orange County Sanitation District's (Sanitation District) primary clarifiers are used to remove
suspended solids before biological treatment and can be a significant source of odors. The existing
primary treatment system at Plant No. 2 consists of 14 circular clarifiers. The clarifiers are covered
with geodesic domes to capture foul air for treatment at two large foul air treatment facilities.
A-Side Primary Clarifiers Replacement at Plant No. 2, Project No. P2-98A, will demolish four
existing primary clarifiers, a power building, and an air treatment facility, and will construct four new
primary clarifiers with flat covers, a new odor control and chemical facility, a new electrical
distribution center building, and ancillary facilities and utilities.
RELEVANT STANDARDS
• Ensure the public's money is wisely spent
• Comply with Public Contract Code Section 3400
• Comply with OCSD Policy - Purchasing Ordinance No. OCSD-52, Section 1.07.A Sole Source
Procurement
PROBLEM
The primary clarifiers must be covered to capture foul air. Operations staff, however, need access to
the water surface for visual observation and to take daily samples. The two options for the cover are
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File #: 2020-1012 Agenda Date: 7/1/2020 Agenda Item No: 11.
a dome and a flat cover system. With dome covers, operations staff must walk into the dome, which
requires a minimum level of ventilation. The higher air flow requires larger foul air treatment facilities.
Flat covers do not require staff entry, so ventilation and foul air treatment requirements are much
lower. To provide access to the water surface, however, hinged panels are required.
The design consultant and staff have completed an extensive evaluation of cover options by
reviewing similar projects, site visits of other facilities, and literature research. Flat covers have the
lowest life cycle cost because they require the smallest amount of air volume to be treated through
an odor control system.
The design consultant and staff met with several flat cover manufacturers and determined that
Hallsten Corporation (Hallsten) is the only manufacturer that has a proven configuration to provide
hinged panels over the entire clarifier water surface. Other manufacturers' systems allow for
individual panels to be lifted and removed, but not with a hinge in all areas. For access, each panel
must be unscrewed from their supporting trusses prior to removal. Hallsten's cover system utilizes
a unique patented hinge arrangement that can be applied to every panel of the cover system,
thereby allowing for all panels to be openable by a single person.
PROPOSED SOLUTION
Adopt a resolution supporting the sole sourcing of the flat cover system as provided by Hallsten.
Hallsten has committed to furnish the materials for approximately $5.3 million. The design consultant
and staff have reviewed cost information provided by Hallsten from other projects and have
concluded that the proposed cost is fair and reasonable.
TIMING CONCERNS
Without this sole source approval, staff cannot advertise this project for bids. That would delay the
start of construction and potentially result in construction cost escalation.
RAMIFICATIONS OF NOT TAKING ACTION
Not selecting Hallsten as a sole source manufacturer will require the specifications be modified to
allow other flat cover systems to bid. This would likely result in a flat cover system that does not
have full access to the water surface, which would significantly impair the ability of the operations
staff to monitor and optimize the performance of the clarifiers. There may also be safety implications
if staff attempt to open panels without appropriate hinging.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
N/A
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File #: 2020-1012 Agenda Date: 7/1/2020 Agenda Item No: 11.
CEQA
The project is exempt from CEQA under the Class 2 categorical exemptions set forth in California
Code of Regulations sections 15302 because the project involves replacement or reconstruction of
existing structures and facilities where the new structure replaced will have substantially the same
purpose and capacity as the structure replaced. A Notice of Exemption was filed with the OC Clerk-
Recorder on April 26, 2018 and the Sanitation District's Board of Directors approved the Professional
Services Design Agreement on July 7, 2016.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted (Adopted Budget Fiscal Years 2020-2021 and 2021-2022, Section 8, Page
82) and the budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Resolution No. OCSD 20-XX
SN:dm:gc
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RESOLUTION NO. OCSD 20-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE
COUNTY SANITATION DISTRICT, MAKING FINDINGS PURSUANT TO
PUBLIC CONTRACT CODE SECTION 3400 IN SUPPORT OF THE
SOLE SOURCE SPECIFICATION OF HALLSTEN CORPORATION,
MANUFACTURER OF TRUSS SUPPORTED FLAT ALUMINUM
COVERS FOR A-SIDE PRIMARY CLARIFIERS REPLACEMENT AT
PLANT NO. 2, PROJECT NO. P2-98A, AS PART OF PRIMARY
TREATMENT REHABILITATION AT PLANT NO. 2, PROJECT NO. P2-98
WHEREAS, the Orange County Sanitation District (Sanitation District) is a duly
organized County Sanitation District existing pursuant to the County Sanitation District
Act, California Health and Safety Code Section 4700, et seq., providing for the
ownership, operation, and maintenance of wastewater collection, treatment, and
disposal facilities within Orange County, California; and
WHEREAS, Public Contract Code Section 3400 provides that local agencies may
describe in the invitation for bids or request for proposals that a particular material,
product, thing or service is designated by specific brand or trade name if the awarding
authority, or its designee, finds that the product is designated "in order to obtain a
necessary item that is only available from one source"; and
WHEREAS, Public Contract Code Section 3400 establishes that an item is
available from only one source if there is not an "equal" product, meaning a product that
will "function as well, in all essential respects" as the designated product; and
WHEREAS, Black and Veatch, the Sanitation District's Design Consultant is
finalizing the plans and specification for the A-Side Primary Clarifiers Replacement at
Plant No. 2, Contract No. P2-98A ("Project"); and
WHEREAS, the design of the Project includes a truss-supported flat cover
system for four new circular primary clarifiers to capture odor; and
WHEREAS, operation of the primary clarifiers requires full access to the water
surface for visual observations and sample collection; and
WHEREAS, based on extensive research, and investigation, Sanitation District
staff has determined that Hallsten Corporation (Hallsten) is the only manufacturer of a
truss-supported flat cover system the provides full access to the clarifier water surface
using hinged covers.
NOW, THEREFORE, in consideration thereof, the Board of Directors of the
Orange County Sanitation District, does hereby resolve, declare, determine, and order
as follows:
OCSD 20-XX-1
Section 1: All of the recitals herein contained are true and correct.
Section 2: Hallsten is the only manufacturer that has produced a proven truss
supported flat cover system meeting the Sanitation District's needs.
Section 3: The truss-support flat cover system as manufactured by Hallsten is a
necessary component of the Project design and is only available from one source.
Section 4: The flat cover system as manufactured by Hallsten meeting the
Sanitation District's needs shall be specified by name in the invitation for bids for the
Project.
Section 5: This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED at a regular meeting held on July 22, 2020.
David John Shawver
Board Chairman
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
OCSD 20-XX-2
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation
District, do hereby certify that the foregoing Resolution No. OCSD 20-XX was passed
and adopted at a regular meeting of said Board on the 22nd day of July 2020, by the
following vote, to wit:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of Orange County Sanitation District this 22nd day of July 2020.
Kelly A. Lore, MMC
Clerk of the Board of Directors
Orange County Sanitation District
OCSD 20-XX-3
oJ�1V SAN17gTO9 Orange Count Sanitation District Administration Building
5� o, g � 10844 Ellis Avenue
2 9 Fountain Valley, CA 92708
OPERATIONS COMMITTEE (714)593 7433
9oTFCTN0 THE ENVQ����2
Agenda Report
File #: 2020-1013 Agenda Date: 7/1/2020 Agenda Item No: 12.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. 132-128
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with Brown and Caldwell to provide
engineering services for Temperature Phased Anaerobic Digestion (TPAD) Digester Facility at
Plant No. 2, Project No. P2-128, for an amount not to exceed $39,300,000; and
B. Approve a contingency of $3,930,000 (10%).
BACKGROUND
Sludge is a byproduct of wastewater treatment that requires further processing to reduce pathogens
and volatile organic carbon content so the remaining material can be beneficially reused in
compliance with state and federal requirements. The Orange County Sanitation District (Sanitation
District) uses anaerobic digesters at both plants to stabilize sludge prior to dewatering. Anaerobic
digesters are large enclosed concrete structures that require pumping, mixing, heating, and gas
handling systems. Anaerobic digesters also generate methane gas used to produce power and heat.
The Sanitation District has 18 digesters at Plant No. 2 that were built from 1959 through 1979. In
2017, the Sanitation District completed a comprehensive Biosolids Master Plan that provided a
roadmap and framework for sustainable and cost-effective biosolids management options. The study
recommended upgrading the existing digester complex by adding Temperature Phased Anerobic
Digestion (TPAD) facilities including new thermophilic digesters and batch tanks, and refurbishing
some existing digesters as the most resilient, lowest lifecycle cost.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Safe, beneficial reuse of Biosolids
• Use all practical and effective means for resource recovery
• Comply with Government Code Section 4526: Select the "best qualified firm" and "negotiate"
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PROBLEM
The existing digesters at Plant No. 2 are over 40 years old and are reaching the end of their life and
are not seismically sound. The existing facilities cannot produce Class A biosolids which would allow
greater flexibility for biosolids reuse. Per the 2017 Biosolids Master Plan, some of these digesters
should be replaced by a TPAD digester facility, and a design consultant is required to prepare the
design.
PROPOSED SOLUTION
Award a Professional Design Services Agreement for TPAD Digester Facility at Plant No. 2, Project
No. P2-128. The new facilities will include a new Digester Feed Facility, thermophilic digesters, batch
tanks, heating, cooling, and associated interconnecting pump stations. This facility will produce
Class A biosolids and mitigate existing seismic risks.
TIMING CONCERNS
If this project is delayed, the Sanitation District will continue to operate with less reliable digesters
and continued seismic risk. Due to escalation, each one-month delay could result in approximately
$1 million higher construction costs.
RAMIFICATIONS OF NOT TAKING ACTION
A seismic event could lead to failures and limit the Sanitation District's ability to process sludge and
could result in more costly repairs in the future. The existing digesters will need costly, extensive
rehabilitation and soil stabilization to ensure the Sanitation District has reliable digesters for the
future.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
During the Biosolids Master Plan development, Sanitation District staff realized that the pool of design
consultants qualified and able to complete such a large project could be more limited than on smaller
projects. Beginning in 2017, the Sanitation District included the project on its monthly Design Request
for Proposal (RFP) Schedule, which is published to the external ocsd.com website. Beginning June
2019, the Sanitation District began reaching out to consultants to invite them to meet with staff to
discuss the projects goals, objectives, and challenges. Two teams of two consulting firms accepted
offers to meet with the Sanitation District to discuss the upcoming project.
The Sanitation District requested and advertised for proposals for TPAD Digester Facility at Plant No.
2, Project No. P2-128, on January 22, 2020. The following evaluation criterion were described in the
RFP and used to determine the most qualified Consultant.
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File #: 2020-1013 Agenda Date: 7/1/2020 Agenda Item No: 12.
CRITERION WEIGHT
Project Understanding and Approach 35%
Related Project Experience 30%
Project Team and Staff Qualifications 35%
A few weeks before proposals were due, the Sanitation District learned that one of the teams that had
previously met with the Sanitation District was no longer planning to submit a proposal. Staff then
reached out to all the consultants who had downloaded the RFP with a questionnaire about their
intention to bid.
• Two firms confirmed that they will be proposing together as a team.
• One firm had planned to submit as a major subconsultant to the firm who had decided not to
submit. At that point, it was much too late to assemble a complete team and prepare a
proposal.
• Two firms felt they did not have a high enough probability of winning to justify the cost and effort
to propose.
• Two firms said they did not have the team available to propose on a such a large project.
• One firm already has a Sanitation District large contract and did not want to have this project
conflict.
• One firm said they ran out of time after trying for months to put a team together.
• The three other firms did not respond to staff's attempts to contact them.
The Sanitation District considered the feedback and concluded that extending the proposal due date
would not likely result in additional proposals and the impact to the project schedule and associated
construction escalation costs would be greater than the risk of only receiving one proposal.
One proposal was received on March 11, 2020 and evaluated in accordance with the evaluation
process set forth in the Sanitation District's Purchasing Ordinance by a pre-selected Evaluation Team
consisting of the following Sanitation District staff: Senior Engineer (Project Manager), three
Engineering Managers, and one Operations Manager.
The Evaluation Team also included one non-voting representative from the Contracts Administration
Division and eight non-voting technical advisors from Sanitation District staff.
The Evaluation Team scored the proposal on the established criterion as summarized in the table
below:
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File #: 2020-1013 Agenda Date: 7/1/2020 Agenda Item No: 12.
Criterion Maximum Score Brown and Caldwell
Approach 35 32
Related Experience 30 28
Team 135 33
Total Score 1100 193 7d
The proposal demonstrated that Brown and Caldwell has a very clear understanding of the project,
including the drivers, issues, and risks. The proposal also demonstrated an effective plan on how to
execute the project and design a resilient, optimized facility on schedule.
Contacting other agencies listed as references indicated that those agencies had very high opinions of
the work that was done and the professionalism of Brown and Caldwell's team. The proposed team on
this project is highly qualified and the work elements are being split between multiple highly
experienced project engineers, which further demonstrates Brown and Caldwell's understanding of
what the job will require to be successful. Therefore, all members of the Evaluation Team
recommended selecting Brown and Caldwell without conducting interviews.
Review of Fee Proposal and Negotiations:
The proposal was accompanied by sealed fee proposals. In accordance with the Purchasing
Ordinance, the fee proposal was opened only after approval by the Director of Engineering of the
Evaluation Committee's recommendation.
Staff conducted negotiations with Brown and Caldwell to clarify the requirements of the Scope of
Work, the assumptions used for the estimated level of effort, and the proposed approach to meet the
goals and objectives for the project.
During the first three weeks of negotiations, the Sanitation District met with Brown and Caldwell in
eight separate three-hour meetings to confirm in detail the level of effort required to complete the
project elements. In addition, focused negotiation meetings were held to provide highly detailed
reviews of the project elements and fee. In total, the team met over 20 times with over 50 hours of
meetings to conclude negotiations. These meetings allowed the Sanitation District to confirm that the
final level of effort and fee truly fit the project requirements.
Original Fee Negotiated Fee
Proposal
Total Hours 191,567 185,663
Total Fee $39,810,783 $39,300,000
The Consultant's fringe and overhead costs, which factor into the billing rate, have been
substantiated. The contract profit is 5%, which is based on an established formula based on the
Sanitation District's standard design agreements.
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File #: 2020-1013 Agenda Date: 7/1/2020 Agenda Item No: 12.
Based on the above, staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to Brown and Caldwell.
CEQA
This project is included in the Sanitation Districts' Biosolids Master Plan CEQA Program
Environmental Impact Report, which was adopted by the Board on June 27, 2018.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance.
This item has been budgeted, (Adopted Budget, Fiscal Years 2020-2021 and 2021-2022, Section
8, Page 74) and the project budget is sufficient for the recommended action.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Draft Professional Design Services Agreement
VR:dm:gc
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PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS 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 "SANITATION DISTRICT", and «CONSULTANT COMPANY)), for purposes of
this Agreement hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for TPAD
Digester Facility at Plant No. 2, Project No. P2-128; and to provide Design services for new
thermophilic digesters; batch tanks; new supporting facilities including a new digester feed
facility, heating and cooling facilities; and a new Power Building at Plant No. 2; and,
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of
professional services and has proceeded in accordance with said procedures to select a
CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «Board Meeting Date» the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee to approve this
Agreement between the SANITATION DISTRICT and CONSULTANT.
NOW, THEREFORE, in consideration of the promises and mutual benefits, which will
result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
1. SCOPE OF WORK
CONSULTANT agrees to furnish necessary professional and technical services to
accomplish those project elements outlined in the Scope of Work attached hereto as
Attachment "A", and by this reference made a part of this Agreement.
A. The CONSULTANT shall be responsible for the professional quality, technical
accuracy, completeness, and coordination of all design, drawings, specifications,
and other services furnished by the CONSULTANT under this Agreement,
including the work performed by its Subconsultants. Where approval by the
SANITATION DISTRICT is indicated, it is understood to be conceptual approval
only and does not relieve the CONSULTANT of responsibility for complying with
all laws, codes, industry standards and liability for damages caused by errors,
omissions, noncompliance with industry standards, and/or negligence on the part
of the CONSULTANT or its Subconsultants.
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the standards of best
engineering practice for clarity, uniformity, and completeness. CONSULTANT
shall respond to all comments, suggestions, and recommendations on the
SANITATION DISTRICT's review comment sheets (i.e. DS1, DS2 and DS3). All
PDSA PROJECT NO. P2-128
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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 the SANITATION
DISTRICT and does not conform to the requirements of this Agreement or any
applicable industry standards, the CONSULTANT shall, without additional
compensation, promptly correct or revise any errors or deficiencies in its designs,
drawings, specifications, or other services within the timeframe specified by the
Project Engineer/Project Manager. The SANITATION DISTRICT may charge to
CONSULTANT all costs, expenses and damages associated with any such
corrections or revisions.
D. All CAD drawings, figures, and other work shall be produced by CONSULTANTS
and Subconsultants using the SANITATION DISTRICT CAD Manual.
Conversion of CAD work from any other non-standard CAD format to the
SANITATION DISTRICT format shall not be acceptable in lieu of this
requirement.
Electronic files shall conform to the SANITATION DISTRICT specifications. Any
changes to these specifications by the CONSULTANT are subject to review and
approval of the SANITATION DISTRICT.
Electronic files shall be subject to an acceptance period of 45 calendar days
during which the SANITATION DISTRICT shall perform appropriate reviews and
including CAD Manual compliance. CONSULTANT shall correct any
discrepancies or errors detected and reported within the acceptance period at no
additional cost to the SANITATION DISTRICT.
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 the
SANITATION DISTRICT. The CONSULTANT shall submit this written
justification to the SANITATION DISTRICT 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 the SANITATION DISTRICT, its agents and employees.
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Neither the documents nor their contents shall be released to any third party
without the prior written consent of the SANITATION DISTRICT. This provision
does not apply to information that (a) was publicly known, or otherwise known to
the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the
SANITATION DISTRICT, (b) subsequently becomes publicly known to the
CONSULTANT other than through disclosure by the SANITATION DISTRICT.
2. COMPENSATION
Total compensation shall be paid to CONSULTANT for services in accordance with the
following provisions:
A. Total Compensation
Total compensation shall be in an amount not to exceed «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, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the
burdened salaries (salaries plus benefits) actually paid by CONSULTANT
charged on an hourly-rate basis to this project and paid to the personnel of
CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT
shall provide the SANITATION DISTRICT with certified payroll records of all
employees' work that is charged to this project.
C. Overhead
As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall compensate CONSULTANT and 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, the SANITATION DISTRICT shall pay profit for all services
rendered by CONSULTANT and Subconsultants for this project according to
Attachment "E" - Fee Proposal.
E. Subconsultants
For any Subconsultant whose fees for services are greater than or equal to
$100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to
Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment "E" - Fee Proposal.
For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate
basis per the attached hourly rate Schedule and as specified in the Scope of
Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth
in Attachment "E" - Fee Proposal.
F. Direct Costs
The SANITATION DISTRICT shall pay to CONSULTANT and Subconsultants
the actual costs of permits and associated fees, travel and licenses for an
amount not to exceed the sum set forth in Attachment "E" - Fee Proposal. The
SANITATION DISTRICT shall also pay to CONSULTANT actual costs for
equipment rentals, leases or purchases with prior approval of the SANITATION
DISTRICT. Upon request, CONSULTANT shall provide to the SANITATION
DISTRICT receipts and other documentary records to support CONSULTANT's
request for reimbursement of these amounts, see Attachment "D" - Allowable
Direct Costs. All incidental expenses shall be included in overhead pursuant to
Section 2 - COMPENSATION above.
G. Other Direct Costs
Other Direct Costs incurred by CONSULTANT and its Contractor due to
modifications in scope of work resulting from field investigations and field work
required by Contract. These items may include special equipment, test
equipment and tooling and other materials and services not previously identified.
Refer to attachment"Y Allowable Direct Costs for payment information.
H. Reimbursable Direct Costs
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable
travel and business expenses as described in this section and further described in
Attachment "Y - Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as
considered by Internal Revenue Service (IRS). The plan includes a combination of
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reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/l 04711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem" as deemed the most
practical.
CONSULTANT shall be responsible for returning to the SANITATION DISTRICT
any excess reimbursements after the reimbursement has been paid by the
SANITATION DISTRICT.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in
advance.
Local Travel is considered travel by the CONSULTANT within the SANITATION
DISTRICT general geographical area which includes Orange, Los Angeles,
Ventura, San Bernardino, Riverside, San Diego, Imperial and Kern Counties.
Automobile mileage is reimbursable if CONSULTANT is required to utilize
personal vehicle for local travel.
Lodging — Overnight stays will not be approved by the SANITATION DISTRICT for
local travel. However, under certain circumstances overnight stay may be allowed
at the discretion of the SANITATION DISTRICT based on reasonableness of
meeting schedules and the amount of time required for travel by the
CONSULTANT. Such determination will be made on a case-by-case basis and at
the discretion of the SANITATION DISTRICT.
Travel Meals— Per-diem rates as approved by IRS shall be utilized for travel meal
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 the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional
amount necessary to complete the services. Any cost incurred in excess of the
approved not-to-exceed amount, without the express written consent of the
SANITATION DISTRICT's authorized representative shall be at CONSULTANT's
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own risk. This written notice shall be provided separately from, and in addition to
any notification requirements contained in the CONSULTANT's invoice and
monthly progress report. Failure to notify the SANITATION DISTRICT that the
services cannot be completed within the authorized not-to-exceed amount is a
material breach of this Agreement.
3. REALLOCATION OF TOTAL COMPENSATION
The SANITATION DISTRICT, by its Director of Engineering, shall have the right to
approve a reallocation of the incremental amounts constituting the total compensation,
provided that the total compensation is not increased.
4. PAYMENT
A. Monthly Invoice: CONSULTANT shall include in its monthly invoice, a detailed
breakdown of costs associated with the performance of any corrections or
revisions of the work for that invoicing period. CONSULTANT shall allocate costs
in the same manner as it would for payment requests as described in this Section
of the Agreement. CONSULTANT shall warrant and certify the accuracy of these
costs and understand that submitted costs are subject to Section 11 - AUDIT
PROVISIONS.
B. CONSULTANT may submit monthly or periodic statements requesting payment
for those items included in Section 2 - COMPENSATION hereof in the format as
required by the SANITATION DISTRICT. Such requests shall be based upon the
amount and value of the work and services performed by CONSULTANT under
this Agreement and shall be prepared by CONSULTANT and accompanied by
such supporting data, including a detailed breakdown of all costs incurred and
project element work performed during the period covered by the statement, as
may be required by the SANITATION DISTRICT.
Upon approval of such payment request by the SANITATION DISTRICT,
payment shall be made to CONSULTANT as soon as practicable of one hundred
percent (100%) of the invoiced amount on a per-project-element basis.
If the SANITATION DISTRICT determines that the work under this Agreement or
any specified project element hereunder, is incomplete and that the amount of
payment is in excess of:
i. The amount considered by the SANITATION DISTRICT's Director of
Engineering to be adequate for the protection of the SANITATION DISTRICT;
or
ii. The percentage of the work accomplished for each project element.
He may, at his discretion, retain an amount equal to that which insures that the
total amount paid to that date does not exceed the percentage of the completed
work for each project element or the project in its entirety.
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C. CONSULTANT may submit periodic payment requests for each 30-day period of
this Agreement for the profit as set forth in Section 2 - COMPENSATION above.
Said profit payment request shall be proportionate to the work actually
accomplished to date on a per-project-element basis. In the event the
SANITATION DISTRICT's Director of Engineering determines that no satisfactory
progress has been made since the prior payment, or in the event of a delay in the
work progress for any reason, the SANITATION DISTRICT shall have the right to
withhold any scheduled proportionate profit payment.
D. Upon satisfactory completion by CONSULTANT of the work called for under the
terms of this Agreement, and upon acceptance of such work by the SANITATION
DISTRICT, CONSULTANT will be paid the unpaid balance of any money due for
such work, including any retained percentages relating to this portion of the work.
E. Upon satisfactory completion of the work performed hereunder and prior to final
payment under this Agreement for such work, or prior settlement upon
termination of this Agreement, and as a condition precedent thereto,
CONSULTANT shall execute and deliver to the SANITATION DISTRICT a
release of all claims against the SANITATION DISTRICT arising under or by
virtue of this Agreement other than such claims, if any, as may be specifically
exempted by CONSULTANT from the operation of the release in stated amounts
to be set forth therein.
F. Pursuant to the California False Claims Act (Government Code Sections 12650-
12655), any CONSULTANT that knowingly submits a false claim to the
SANITATION DISTRICT for compensation under the terms of this Agreement
may be held liable for treble damages and up to a ten thousand dollars ($10,000)
civil penalty for each false claim submitted. This Section shall also be binding on
all Subconsultants.
A CONSULTANT or Subconsultant shall be deemed to have submitted a false
claim when the CONSULTANT or Subconsultant: a) knowingly presents or causes
to be presented to an officer or employee of the SANITATION DISTRICT a false
claim or request for payment or approval; b) knowingly makes, uses, or causes to
be made or used a false record or statement to get a false claim paid or approved
by the SANITATION DISTRICT; c) conspires to defraud the SANITATION
DISTRICT by getting a false claim allowed or paid by the SANITATION DISTRICT;
d) knowingly makes, uses, or causes to be made or used a false record or
statement to conceal, avoid, or decrease an obligation to the SANITATION
DISTRICT; or e) is a beneficiary of an inadvertent submission of a false claim to
the SANITATION DISTRICT, and fails to disclose the false claim to the
SANITATION DISTRICT within a reasonable time after discovery of the false claim.
5. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION
AND RECORD OF WAGES
A. To the extent CONSULTANT's employees and/or Subconsultants who will
perform Work during the design and preconstruction phases of a construction
contract for which Prevailing Wage Determinations have been issued by the DIR
and as more specifically defined under Labor Code Section 1720 et seq,
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CONSULTANT and Subconsultants shall comply with the registration
requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section
1771.4, the Work is subject to compliance monitoring and enforcement by the
DIR.
B. The CONSULTANT and Subconsultants shall maintain accurate payroll records
and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of
Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants
shall furnish a copy of all certified payroll records to SANITATION DISTRICT
and/or general public upon request, provided the public request is made through
SANITATION DISTRICT, the Division of Apprenticeship Standards or the
Division of Labor Enforcement of the Department of Industrial Relations.
D. The CONSULTANT and Subconsultants shall comply with the job site notices
posting requirements established by the Labor Commissioner per Title 8,
California Code of Regulation Section 16461(e).
6. DOCUMENT OWNERSHIP — SUBSEQUENT CHANGES TO PLANS AND
SPECIFICATIONS
A. Ownership of Documents for the Professional Services performed.
All documents, including but not limited to, original plans, studies, sketches,
drawings, computer printouts and disk files, and specifications prepared in
connection with or related to the Scope of Work or Professional Services, shall
be the property of the SANITATION DISTRICT. The SANITATION DISTRICT's
ownership of these documents includes use of, reproduction or reuse of and all
incidental rights, whether or not the work for which they were prepared has been
performed. The SANITATION DISTRICT ownership entitlement arises upon
payment or any partial payment for work performed and includes ownership of
any and all work product completed prior to that payment. This Section shall
apply whether the CONSULTANT's Professional Services are terminated: a) by
the completion of the Agreement, or b) in accordance with other provisions of this
Agreement. Notwithstanding any other provision of this paragraph or Agreement,
the CONSULTANT shall have the right to make copies of all such plans, studies,
sketches, drawings, computer printouts and disk files, and specifications.
B. CONSULTANT shall not be responsible for damage caused by subsequent
changes to or uses of the plans or specifications, where the subsequent changes
or uses are not authorized or approved by CONSULTANT, provided that the
service rendered by CONSULTANT was not a proximate cause of the damage.
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7. INSURANCE
A. General
i. Insurance shall be issued and underwritten by insurance companies
acceptable to the SANITATION DISTRICT.
ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial
Rating of at least Class Vill, or better, in accordance with the most current
A.M. Best's Guide Rating. However, the SANITATION DISTRICT will accept
State Compensation Insurance Fund, for the required policy of Worker's
Compensation Insurance subject to the SANITATION DISTRICT's option to
require a change in insurer in the event the State Fund financial rating is
decreased below"B". Further, the SANITATION DISTRICT will require
CONSULTANT to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of
written notice to CONSULTANT, by the SANITATION DISTRICT or its agent.
iii. Coverage shall be in effect prior to the commencement of any work under this
Agreement.
B. General Liability
The CONSULTANT shall maintain during the life of this Agreement, including the
period of warranty, Commercial General Liability Insurance written on an
occurrence basis providing the following minimum limits of liability coverage: Five
million Dollars ($5,000,000) per occurrence with Ten Million Dollars
($10,000,000) aggregate unless aggregate applies separately to this project (via
use of ISO CG 25 03 or 25 04), then aggregate limit = $ 5 Million (i.e.; '/2 the
general aggregate). Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement),
Ten Million Dollars ($10,000,000) aggregate for products liability/completed
operations (including any product manufactured or assembled), broad form
property damage, blanket contractual liability, independent contractors liability,
personal and advertising injury, mobile equipment, owners and contractors
protective liability, and cross liability and severability of interest clauses. A
statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement(s). If requested by SANITATION DISTRICT and
applicable, XCU coverage (Explosion, Collapse and Underground) and
Riggers/On Hook Liability must be included in the General Liability policy and
coverage must be reflected on the submitted Certificate of Insurance.
C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance
required, as set forth herein, shall be provided for through either a single policy of
primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits
for general liability and automotive liability.
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D. Automotive/Vehicle liability Insurance
The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a
comprehensive form covering all owned, non-owned, and hired automobiles,
trucks, and other vehicles providing the following minimum limits of liability
coverage: Combined single limit of Once Million Dollars ($1,000,000) with Two
Million ($2,000,000) aggregate or alternatively, One Million Dollars ($1,000,000)
per person for bodily injury and One Million Dollars ($1,000,000) per accident for
property damage. A statement on an insurance certificate will not be accepted in
lieu of the actual additional insured endorsement.
E. 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 the SANITATION DISTRICT.
F. Worker's Compensation Insurance
The CONSULTANT shall provide such Workers' Compensation Insurance as
required by the Labor Code of the State of California in the amount of the
statutory limit, including Employer's Liability Insurance with a minimum limit of
One Million Dollars ($1,000,000) per occurrence. Such Worker's Compensation
Insurance shall be endorsed to provide for a waiver of subrogation in favor of the
SANITATION DISTRICT. A statement on an insurance certificate will not be
accepted in lieu of the actual endorsements unless the insurance carrier is State
of California Insurance Fund and the identifier"SCIF" and endorsement numbers
2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage
for Jones Act claims.
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 Ten Million Dollars
($10,000,000) 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.
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In the event the present policy of insurance is written on an "occurrence" basis,
said policy shall be continued in full force and effect during the term of this
Agreement or until completion of the services provided for in this Agreement,
whichever is later. In the event of termination of said policy during this period,
new coverage shall be obtained for the required period to insure for the prior acts
of CONSULTANT during the course of performing services under the term of this
Agreement.
CONSULTANT shall provide to the SANITATION DISTRICT a certificate of
insurance in a form acceptable to the SANITATION DISTRICT indicating the
deductible or self-retention amounts and the expiration date of said policy, and
shall provide renewal certificates not less than ten (10) days prior to the
expiration of each policy term.
H. Proof of Coverage
The CONSULTANT shall furnish the SANITATION DISTRICT with original
certificates and amendatory endorsements effecting coverage. Said policies and
endorsements shall conform to the requirements herein stated. All certificates
and endorsements are to be received and approved by the SANITATION
DISTRICT before work commences. The SANITATION DISTRICT reserves the
right to require complete, certified copies of all required insurance policies,
including endorsements, effecting the coverage required, at any time. The
following are approved forms that must be submitted as proof of coverage:
• Certificate of Insurance ACORD Form 25 (5/2010) or equivalent.
• Additional Insurance (ISO Form) CG2010 11 85 or
(General Liability)
The combination of (ISO Forms)
CG 2010 1001 and CG 2037 1001
All other Additional Insured endorsements must
be submitted for approval by the SANITATION
DISTRICT, and the SANITATION DISTRICT
may reject alternatives that provide different or
less coverage to the SANITATION DISTRICT.
• Additional Insured Submit endorsement provided by carrier for the
(Auto Liability) SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent.
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2065 or equivalent.
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I. Cancellation Notice
Each insurance policy required herein shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days' prior written
notice. The Cancellation Section of ACORD Form 25 (5/2010) shall state the
required thirty (30) days' written notification. The policy shall not terminate, nor
shall it be cancelled, nor the coverage reduced until thirty (30) days after written
notice is given to the SANITATION DISTRICT except for nonpayment of
premium, which shall require not less than ten (10) days written notice to the
SANITATION DISTRICT. Should there be changes in coverage or an increase in
deductible or SIR amounts, the CONSULTANT and its insurance broker/agent
shall send to the SANITATION DISTRICT a certified letter which includes a
description of the changes in coverage and/or any increase in deductible or SIR
amounts. The certified letter must be sent to the attention of Risk Management,
and shall be received by the SANITATION DISTRICT not less than thirty (30)
days prior to the effective date of the change(s) if the change would reduce
coverage or increase deductibles or SIR amounts or otherwise reduce or limit the
scope of insurance coverage provided to the SANITATION DISTRICT.
J. Primary Insurance
All liability policies shall contain a Primary and Non Contributory Clause. Any
other insurance maintained by the SANITATION DISTRICT shall be excess and
not contributing with the insurance provided by CONSULTANT.
K. Separation of Insured
All 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 the
SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or
self-insured retentions require approval by the SANITATION DISTRICT. At the
option of the SANITATION DISTRICT, either: the insurer shall reduce or
eliminate such deductible or self-insured retention as respects the SANITATION
DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory
to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
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N. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and
additional insureds are paid in addition to and do not deplete any policy limits.
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 SANITATION DISTRICT requires and shall be entitled to coverage for the
higher limits maintained by CONSULTANT.
8. SCOPE CHANGES
In the event of a change in the Scope of Work, requested by SANITATION DISTRICT,
the parties hereto shall execute an amendment to this Agreement setting forth with
particularity all terms of the new Agreement, including but not limited to any additional
CONSULTANT's fees.
9. PROJECT TEAM AND SUBCONSULTANTS
CONSULTANT shall provide to SANITATION DISTRICT, prior to execution of this
Agreement, the names and full description of all Subconsultants and CONSULTANT's
project team members anticipated to be used on this project by CONSULTANT.
CONSULTANT shall include a description of the scope of work to be done by each
Subconsultant and each CONSULTANT's project team member. CONSULTANT shall
include the respective compensation amounts for CONSULTANT and each
Subconsultant on a per-project-element basis, broken down as indicated in Section 2 -
COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project
team members without prior written approval by the SANITATION DISTRICT.
10. ENGINEERING REGISTRATION
The CONSULTANT's personnel are comprised of registered engineers and a staff of
specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this Agreement
requires the services of a registered engineer, such services hereunder will be
performed under the direct supervision of registered engineers.
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11. AUDIT PROVISIONS
A. SANITATION DISTRICT retains the reasonable right to access, review, examine,
and audit, any and all books, records, documents and any other evidence of
procedures and practices that the SANITATION DISTRICT determines are
necessary to discover and verify that the CONSULTANT is in compliance with all
requirements under this Agreement. The CONSULTANT shall include the
SANITATION DISTRICT's right as described above, in any and all of their
subcontracts, and shall ensure that these rights are binding upon all
Subconsultants.
B. SANITATION DISTRICT retains the right to examine CONSULTANT's books,
records, documents and any other evidence of procedures and practices that the
SANITATION DISTRICT determines are necessary to discover and verify all
direct and indirect costs, of whatever nature, which are claimed to have been
incurred, or anticipated to be incurred or to ensure CONSULTANT's compliance
with all requirements under this Agreement during the term of this Agreement
and for a period of three (3) years after its termination.
C. CONSULTANT shall maintain complete and accurate records in accordance with
generally accepted industry standard practices and the SANITATION
DISTRICT's policy. The CONSULTANT shall make available to the
SANITATION DISTRICT for review and audit, all project related accounting
records and documents, and any other financial data within 15 days after receipt
of notice from the SANITATION DISTRICT. Upon SANITATION DISTRICT's
request, the CONSULTANT shall submit exact duplicates of originals of all
requested records to the SANITATION DISTRICT. If an audit is performed,
CONSULTANT shall ensure that a qualified employee of the CONSULTANT will
be available to assist SANITATION DISTRICT's auditor in obtaining all project
related accounting records and documents, and any other financial data.
12. LEGAL RELATIONSHIP BETWEEN PARTIES
The legal relationship between the parties hereto is that of an independent contractor
and nothing herein shall be deemed to make CONSULTANT an employee of the
SANITATION DISTRICT.
13. NOTICES
All notices hereunder and communications regarding the interpretation of the terms of
this Agreement, or changes thereto, shall be effected by delivery of said notices in
person or by depositing said notices in the U.S. mail, registered or certified mail, return
receipt requested, postage prepaid.
Notices shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Natasha Dubrovski, Contracts Supervisor
Copy: Valerie Ratto, Project Manager
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 14 of 20
Notices shall be mailed to CONSULTANT at:
((CONSULTANT COMPANY»
«Street Address»
«City, State Zip»
Attention: <<CONSULTANT's Representative»
All communication regarding the Scope of Work, will be addressed to the Project
Manager. Direction from other SANITATION DISTRICT's staff must be approved in
writing by the SANITATION DISTRICT's Project Manager prior to action from the
CONSULTANT.
14. TERMINATION
The SANITATION DISTRICT may terminate this Agreement at any time, without cause,
upon giving thirty (30) days written notice to CONSULTANT. In the event of such
termination, CONSULTANT shall be entitled to compensation for work performed on a
prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days
written notice only if CONSULTANT is not compensated for billed amounts in
accordance with the provisions of this Agreement, when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or
CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the
SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT
agrees to furnish to the SANITATION DISTRICT copies of all memoranda,
correspondence, computation and study materials in its files pertaining to the work
described in this Agreement, which is requested in writing by the SANITATION DISTRICT.
16. COMPLIANCE
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.
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 15 of 20
17. AGREEMENT EXECUTION AUTHORIZATION
Both the SANITATION DISTRICT and CONSULTANT do covenant that each individual
executing this document by and on behalf of each party is a person duly authorized to
execute agreements for that party.
18. DISPUTE RESOLUTION
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"), or similar
organization or entity conducting alternate dispute resolution services.
19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled.
20. PROGRESS REPORTS
Monthly progress reports shall be submitted for review by the tenth day of the following
month and must include as a minimum: 1) current activities, 2) future activities, 3)
potential items that are not included in the Scope of Work, 4) concerns and possible
delays, 5) percentage of completion, and 6) budget status.
21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry
and professional standards. If, within the 12-month period following completion of its
services, the SANITATION DISTRICT informs CONSULTANT that any part of the
services fails to meet those standards, CONSULTANT shall, within the time prescribed
by the SANITATION DISTRICT, take all such actions as are necessary to correct or
complete the noted deficiency(ies).
22. INDEMNIFICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend (at
CONSULTANT's sole cost and expense and with legal counsel approved by the
SANITATION DISTRICT, which approval shall not be unreasonably withheld), protect
and hold harmless the SANITATION DISTRICT and all of SANITATION DISTRICT's
officers, directors, employees, CONSULTANT's, and agents (collectively the
"Indemnified Parties"), from and against any and all claims, damages, liabilities, causes
of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and
expenses (including, without limitation, attorneys' fees, disbursements and court costs,
and all other professional, expert or CONSULTANT's fees and costs and the
SANITATION DISTRICT's general and administrative expenses; individually, a "Claim";
collectively, "Claims") which may arise from or are in any manner related, directly or
indirectly, to any work performed, or any operations, activities, or services provided by
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 16 of 20
CONSULTANT in carrying out its obligations under this Agreement to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT's suppliers, CONSULTANT,
Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of
them, regardless of any contributing negligence or strict liability of an Indemnified Party.
Notwithstanding the foregoing, nothing herein shall be construed to require
CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from:
(A) the active negligence or willful misconduct of the Indemnified Parties; or
(B) a natural disaster or other act of God, such as an earthquake; or
(C) the independent action of a third party who is neither one of the Indemnified Parties
nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT's supplier, CONSULTANT, Subconsultant, subcontractor, nor
anyone employed directly or indirectly by any of them.
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest
extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the
obligation to indemnify hereunder.
CONSULTANT's liability for indemnification hereunder is in addition to any liability
CONSULTANT may have to the SANITATION DISTRICT for a breach by
CONSULTANT of any of the provisions of this Agreement. Under no circumstances
shall the insurance requirements and limits set forth in this Agreement be construed to
limit CONSULTANT's indemnification obligation or other liability hereunder. The terms
of this Agreement are contractual and the result of negotiation between the parties
hereto. Accordingly, any rule of construction of contracts (including, without limitation,
California Civil Code Section 1654) that ambiguities are to be construed against the
drafting party, shall not be employed in the interpretation of this Agreement.
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to
indemnify and such duty to defend shall exist regardless of any ultimate liability of
CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without
regard to the merit of the Claim, such Claim could potentially result in an obligation to
indemnify one or more Indemnified Parties, and upon written notice of such Claim being
provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the
payment or advance of defense costs by any Indemnified Party shall not be a condition
precedent to enforcing such Indemnified Party's rights to indemnification hereunder. In
the event a final judgment, arbitration, award, order, settlement, or other final resolution
expressly determines that the claim did not arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent,
then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs
of defending the Indemnified Parties against such claims.
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
PDSA PROJECT NO. P2-128
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Page 17 of 20
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by the SANITATION DISTRICT.
A copy of the evaluation shall be sent to the CONSULTANT for comment. The
evaluation, together with the comments, shall be retained by the SANITATION
DISTRICT and may be considered in future CONSULTANT selection processes.
25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures
including the OCSD Safety Standards, as applicable, all of which may be amended from
time to time.
26. CLOSEOUT
When the SANITATION DISTRICT determines that all Work authorized under the
Agreement is fully complete and that the SANITATION DISTRICT requires no further
work from CONSULTANT, or the Agreement is otherwise terminated or expires in
accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the
Consultant written notice that the Agreement will be closed out. CONSULTANT shall
submit all outstanding billings, work submittals, deliverables, reports or similarly related
documents as required under the Agreement within thirty (30) days of receipt of notice of
Agreement closeout.
Upon receipt of CONSULTANT's submittals, the SANITATION DISTRICT shall
commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be
furnished, completed, or corrected at the CONSULTANT's cost.
CONSULTANT shall be required to provide adequate resources to fully support any
administrative closeout efforts identified in this Agreement. Such support must be
provided within the timeframe requested by the SANITATION DISTRICT.
Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved
of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to
complete any portions of the work, the non-completion of which were not disclosed to
the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under
all those provisions of the Agreement which expressly or by their nature extend beyond
and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the
CONSULTANT's request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose
nor imply acceptance of, or agreement with, the CONSULTANT's request for final
Agreement Acceptance.
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 18 of 20
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.
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 19 of 20
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION
DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: COMPANY NAME
By
Date
Printed Name &Title
ORANGE COUNTY SANITATION DISTRICT
By
David John Shawver Date
Board Chairman
By
Kelly A. Lore Date
Clerk of the Board
By
Ruth Zintzun Date
Purchasing & Contracts Manager
Attachments: Attachment "A" —Scope of Work
Attachment "B" — Labor Hour Matrix
Attachment "C"— Conflict of Interest Disclaimer
Attachment "D"—Allowable Direct Costs
Attachment "E" — Fee Proposal
Attachment "F" — Professional Design Services Agreement (PDSA)
Attachment "G"—Acknowledgement of PDSA
Attachment "H"— Professional Construction Services Agreement (PCSA)
Attachment "I"— Cost Matrix and Summary
Attachment "J"—Acknowledgement of Addenda Receipt
Attachment "K" — Minor Subconsultant Hourly Rate Schedule
Attachment "L" — OCSD Safety Standards
PDSA PROJECT NO. P2-128
Revised 072619 TPAD Digester Facility at Plant No. 2
Page 20 of 20
ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California LOS Level Of Service RFP Request For Proposal
Water Agencies
APWA American Public Works MGD Million Gallons Per Day RWQCB Regional Water Quality
Association Control Board
AQMD Air Quality Management MOU Memorandum of SARFPA Santa Ana River Flood
District Understanding Protection Agency
ASCE American Society of Civil NACWA National Association of Clean SARI Santa Ana River
Engineers Water Agencies Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy SARWQCB Santa Ana Regional Water
Act Quality Control Board
California Air Resources Non-Governmental Santa Ana Watershed
CARB Board NGOs Organizations SAWPA Project Authority
CASA California Association of NPDES National Pollutant Discharge SCADA Supervisory Control And
Sanitation Agencies Elimination System Data Acquisition
National Water Research Southern California
CCTV Closed Circuit Television NWRI Institute SCAP Alliance of Publicly Owned
Treatment Works
CEQA California Environmental O& M Operations&Maintenance SCAQMD South Coast Air Quality
Quality Act Management District
Capital Improvement Orange County Council of SOCWA South Orange County
CIP Program OCCOG Governments Wastewater Authority
CRWQCB California Regional Water OCHCA Orange County Health Care SRF Clean Water State
Quality Control Board Agency Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation SSMP Sewer System
District Management Plan
CWEA California Water Environment OCWD Orange County Water District SSO Sanitary Sewer Overflow
Association
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and TDS Total Dissolved Solids
Health Administration
US Environmental Protection Professional
EPA Agency PCSA Consultant/Construction TMDL Total Maximum Daily Load
Services Agreement
FOG Fats, Oils, and Grease PDSA Professional Design Services TSS Total Suspended Solids
Agreement
Per-and Polyfluoroalkyl Waste Discharge
gpd gallons per day PFAS Substances WDR Requirements
GWRS Groundwater Replenishment PFOA Perfluorooctanoic Acid WEF Water Environment
System Federation
Water Environment&
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Reuse Foundation
IERP Integrated Emergency POTW Publicly Owned Treatment WIFIA Water Infrastructure
Response Plan Works Finance and Innovation Act
Water Infrastructure
JPA Joint Powers Authority ppm parts per million WIIN Improvements for the
Nation Act
Local Agency Formation PSA Professional Services WRDA Water Resources
LAFCO Commission I Agreement I 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)—Ajoint 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.