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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 via 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 by using the eComment feature available via
the webpage above or 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, September 1, 2020.
You may also submit comments and questions for the Committee's consideration during
the meeting by using the eComment feature that will be available via the webpage above
for the duration of the meeting.
All public comments will be provided to the 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 August 26, 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, September 2, 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, September 2, 2020 at 5:00 p.m.
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providing effective wastewater collection, treatment, and recycling.
OPERATIONS COMMITTEE BOARD MEETING DATE
MEETING DATE
09/02/20 09/23/20
10/07/20 10/28/20
11/04/20 11118120 *
12/02/20 12116120 *
JAN UARY 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
07/07/21 07/28/21
AUGUST DARK 08/25/21
*Meeting will be held on the third Wednesday of the month
ROLL CALL
OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: September 2, 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, September 2, 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, September 2, 2020
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL AND DECLARATION OF QUORUM:
Clerk of the Board
PUBLIC COMMENTS:
Your participation is always welcome. The Operations Committee meeting will be available to the public online at:
https.Ilocsd.legistar.com/Ca/endar.aspx
You may submit your comments and questions in writing for the Committee's consideration in advance of the
meeting by using the eComment feature available via the webpage above or sending them to
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
Tuesday, September 1, 2020.
You may also submit comments and questions for the Committee's consideration during the meeting by using the
eComment feature that will be available via the webpage above for the duration of the meeting.
All public comments will be provided to the Operations 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 2020-1212
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee held July 1,
2020.
Originator: Kelly Lore
Attachments: Agenda Report
07-01-2020 Operations Committee Minutes
Page 1 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 2, 2020
2. CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE 2020-1145
REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Capital Improvement Program Contract Performance Report for
the period ending June 30, 2020.
Originator: Kathy Millea
Attachments: Agenda Report
CIP Contract Report 20200630
3. GISLER-RED HILL INTERCEPTOR REHABILITATION, PROJECT NO. 2020-1185
7-65
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with CDM Smith to provide
engineering services for Gisler-Red Hill Interceptor Rehabilitation, Project No.
7-65, for an amount not to exceed $1,754,000; and
B. Approve a contingency of $175,400 (10%).
Originator: Kathy Millea
Attachments: Agenda Report
7-65 PDSA (Final)
4. QUARTERLY ODOR COMPLAINT REPORT 2020-1179
RECOMMENDATION:
Receive and file the Fiscal Year 2019-20 Fourth Quarter Odor Complaint Report.
Originator: Rob Thompson
Attachments: Agenda Report
FY 2019-20 4th Qtr Odor Complaints Report Summary
5. MANHOLE CCTV INSPECTION SERVICES 2020-1189
RECOMMENDATION:
A. Award a Purchase Order Contract to Hoffman Southwest Corp., dba
Professional Pipe Services (Pro-Pipe), for Manhole CCTV Inspection Services,
Specification No. S-2020-115813D, for a total amount not to exceed $146,600 for
the period beginning October 1, 2020 through September 31, 2021 , with four
optional one-year renewals; and
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 2, 2020
B. Approve an annual contingency of $14,660 (10%).
Originator: Rob Thompson
Attachments: Agenda Report
6. PURCHASE SPARE INVENTORY PARTS FOR SCHWING CAKE 2020-1195
PUMPS
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to Schwing Bioset for the purchase of
spare inventory parts for the Schwing Cake Pumps for the Truckloading and
Thickening and Dewatering facilities, for a total amount not to exceed $228,193,
plus applicable sales tax and shipping; and
B. Approve a contingency of $11,410 (5%).
Originator: Rob Thompson
Attachments: Agenda Report
NON-CONSENT:
7. PLAN2020-00 ON-CALL PLANNING STUDIES 2020-1184
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve annual Professional Services Agreements with AECOM Technical
Services, Inc.; Black & Veatch Corporation; Brown and Caldwell; GHD Inc.; HDR
Engineering, Inc.; Hazen and Sawyer; and Stantec Consulting Services Inc. for
On-Call Planning Studies Master Contract No. PLAN2020-00, for the term
November 1, 2020 through October 31, 2021, with a maximum annual fiscal
year contract limitation not to exceed $600,000 for each Professional Services
Agreement; and
B. Approve two additional one-year optional extensions.
Originator: Kathy Millea
Attachments: Agenda Report
PLAN2020-00 Draft PSA
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 2, 2020
8. DIGESTER CLEANING AND DISPOSAL CONTRACT 2020-1211
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract for Digester Cleaning and Disposal with American
Process Group, Inc., per Specification No. S-2020-116513D, for a total amount
not to exceed $4,636,674 per year, for the period of November 1, 2020 through
October 31, 2025, with four optional one-year renewals; and
B. Approve an annual contingency of $463,667 (10%).
Originator: Rob Thompson
Attachments: Agenda Report
S-2020-1165BD Draft Contract
9. BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67 2020-1009
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $1,784,250 (25%) to the Professional Design
Services Agreement with Arcadis U.S., Inc. for Bay Bridge Pump Station Replacement,
Project No. 5-67, for a total contingency of $2,497,950 (35%).
Originator: Kathy Millea
Attachments: Agenda Report
INFORMATION ITEMS:
10. COVID-19 SEWAGE SURVEILLANCE PROJECT UPDATE 2020-1208
RECOMMENDATION:
Information Item.
Originator: Lan Wiborg
Attachments: Agenda Report
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, September 2, 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, October 7, 2020 at
5:00 p.m.
Page 5 of 5
oJ�jV SAN17gTO9 Orange Count Sanitation District Administration Building
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OPERATIONS COMMITTEE (714)593 7433
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Agenda Report
File #: 2020-1212 Agenda Date: 9/2/2020 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 July 1, 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 July 1, 2020
Orange County Sanitation District Page 1 of 1 Printed on 8/25/2020
powered by LegistarTM
Orange County Sanitation District NIN SAN/T,4;/O Wednesday, July 1, 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, July 1, 2020 at 5:03 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, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Jesus Silva, Fred Smith, David Shawver and John
Withers
ABSENT: Brad Avery
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and Tyler
Ramirez 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; Brian
Engeln; Tina Knapp; and Jeff Mohr were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Committee Chair Collacott notified the Committee that OCSD Administrative offices would be
closed on Friday, July 3 in observance of the Independence Day holiday.
General Manager Jim Herberg provided a brief COVID-19 update.
Page 1 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
CONSENT CALENDAR:
1. APPROVAL OF MINUTES 2020-1115
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee held June 3,
2020.
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
2. NATURAL GAS PIPELINES REPLACEMENT AT PLANT NOS. 1 AND 2020-1011
2, PROJECT NO. J-127
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Receive and file Bid Tabulation and Recommendation for 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%)
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
3. EXTENSION OF COVID-19 DISINFECTING JANITORIAL SERVICES 2020-1078
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Page 2 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
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.
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
4. BLANKET PURCHASE ORDER FOR CHEVRON 5200 LOW ASH 40 2020-1097
OIL
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve Blanket Purchase Order for the purchase of Chevron 5200 HDAX Low
Ash 40 Lubricating Bulk Oil, per Specification No. C-2020-1154BD, 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%).
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
5. SERVICE CONTRACT FOR PLANT NO. 1 THICKENING AND 2020-1103
DEWATERING ODOR CONTROL CARBON CHANGE-OUTS,
SPECIFICATION NO. S-2020-1155
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Page 3 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
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%).
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
6. SHALLOW REBAR REPAIR SERVICES 2020-1123
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
7. PLANT NO. 1 SUNFLOWER PUMP NO. 2 GEAR DRIVE 2020-1124
REPLACEMENT
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
Page 4 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
8. REHABILITATION OF SIXTEEN RECTANGULAR CLARIFIERS AT 2020-1125
PLANT NO. 1
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Nelida Mendoza, Jesus Silva, Fred Smith, David
Shawver and John Withers
NOES: None
ABSENT: Brad Avery, Allan Bernstein and Sandra Massa-Lavitt
ABSTENTIONS: None
Director Massa-Lavitt arrived at the meeting at 5:12 p.m.
NON-CONSENT:
9. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2020-1010
P1-105
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint presentation which
described the necessity for the sole source.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 5 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
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".
AYES: Robert Collacott, Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Jesus
Silva, Fred Smith, David Shawver and John Withers
NOES: None
ABSENT: Brad Avery and Allan Bernstein
ABSTENTIONS: None
Director Allan Bernstein arrived at the meeting at 5:17 p.m.
10. HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. 2019-832
P1-105
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint presentation which
described the need for the sole source.
MOVED, SECONDED, AND DULY CARRIED TO: 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".
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Jesus Silva, Fred Smith, David Shawver and John
Withers
NOES: None
ABSENT: Brad Avery
ABSTENTIONS: None
11. A-SIDE PRIMARY TREATMENT CLARIFIERS REPLACEMENT AT 2020-1012
PLANT NO. 2, PROJECT NO. P2-98A
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a PowerPoint presentation which
described the need for the sole source, and responded to questions from the
Commtitee.
Page 6 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
MOVED, SECONDED, AND DULY CARRIED TO: 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".
AYES: Robert Collacott, Mariellen Yarc, Allan Bernstein, Doug Chaffee,
Brooke Jones, Steve Jones, Lucille Kring, Sandra Massa-Lavitt,
Nelida Mendoza, Jesus Silva, Fred Smith, David Shawver and John
Withers
NOES: None
ABSENT: Brad Avery
ABSTENTIONS: None
Director Bernstein departed the meeting at 5:30 p.m.
12. TPAD DIGESTER FACILITY AT PLANT NO. 2, PROJECT NO. P2-128 2020-1013
Originator: Kathy Millea
Director of Engineering Kathy Millea provided an informative PowerPoint presentation
and responded to questions from the Committee.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES: Mariellen Yarc, Doug Chaffee, Brooke Jones, Steve Jones, Lucille
Kring, Sandra Massa-Lavitt, Nelida Mendoza, Jesus Silva, Fred
Smith, David Shawver and John Withers
NOES: None
ABSENT: Brad Avery and Allan Bernstein
ABSTENTIONS: None
RECUSED: Robert Collacott
Page 7 of 8
OPERATIONS COMMITTEE Minutes July 1, 2020
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
Chair Collacott requested an update on the Food Waste Processing Facility project.
Board Chair David Shawver wished everyone a Happy 4th of July!
ADJOURNMENT:
Chair Collacott declared the meeting adjourned at 5:43 p.m. to the meeting to be held on
Wednesday, September 2, 2020 at 5:00 p.m.
Submitted by:
Kelly A. Lore, MMC
Clerk of the Board
Page 8 of 8
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 #: 2020-1145 Agenda Date: 9/2/2020 Agenda Item No: 2.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
CAPITAL IMPROVEMENT PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Capital Improvement Program Contract Performance Report for the period
ending June 30, 2020.
BACKGROUND
The Capital Improvement Program involves awarding and managing many construction and
consulting contracts. In 2008, the Orange County Sanitation District Board of Directors began
awarding contingencies along with construction and consulting contracts and amendments for
consulting contracts up to the amount of the approved contingency. This practice reduces
administrative costs, expedites resolution of project issues that arise, helps avoid Contractor delay
claims, and facilitates efficient management of many contracts.
The Capital Improvement Program Contract Performance Report summarizes construction and
consulting contract performance and activities for the quarter ending June 30, 2020. This report is
updated quarterly.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Capital Improvement Program Contract Performance Report for the period ending June 30,
2020
Orange County Sanitation District Page 1 of 1 Printed on 8/25/2020
powered by LegistarTM
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
9ojFC oa��� For the period ending June 30, 2020
lNC 7NE EN�\P
DATE: August 18, 2020
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager
Through: Kathy Millea, Director of Engineering
This report summarizes the status, activities, and performance of public works
construction contracts and consultant agreements. This report also identifies the names
and status of projects being performed under master budgets for planning studies,
research, small construction projects, O&M capital projects, and information technology
projects.
Table of Contents
Part 1 — Construction Contracts page 2
Active Construction Contracts
Construction Contracts Closed in Last Quarter
Cumulative Change Order Rates — Closed Construction Contracts
Part 2 — Engineering Services Agreements page 7
Active Engineering Services Agreements
Active Task Orders by Master Agreement
Part 3 - Master Budget Projects page 11
Planning Studies Status Report
Research Program Status Report
Small Construction Projects Program Status Report
Information Technology Capital Program Status Report
Operations and Maintenance Capital Program Status Report
Part 4 - Supplemental Engineering Services Contract page 17
Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 1
"`" SA"" /°a ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2020
TM1,s THE E
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the construction contracts active as of June 30, 2020. The graph below
shows the number and total value of projects broken down plant and collections.
Active Construction Contracts
Plant Projects Collections Projects
20 Contracts 5 Contracts
$199 million $88 million
Three construction contracts were closed in this quarter, as listed in Table 2.
Page 2
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 1-Active Construction Contracts
Current
Award Board Award Contract Original Current Contingency Contingency
Project/Contract Contractor Date Amount Change Orders Amount Contingency Contingency Used Remaining
2-72 Newhope-Placentia Trunk Replacement
2-72B Newhope-Placentia Trunk Replacement,Segment B OHL USA,INC. 06/15/2018 $58,242,000 $1,524,368 $59,766,368 6.5% 6.5% 2.6% 3.9%
3-62 Westminster Blvd Force Main Replacement
3-62 Westminster Blvd Force Main Replacement Teichert Energy&Utilities Group, 12/18/2019 $27,743,000 $0 $27,743,000 10.0% 10.0% 0.0% 10.0%
Inc.
J-117 Ocean Outfall System Rehabilitation
J-117B Outfall Low Flow Pump Station Shimmick Construction Co.,Inc. 12/19/2018 $90,200,000 $176,877 $90,376,877 8.0% 8.0% 0.2% 7.8%
J-126 Safety Improvements Program
J-126C NFPA 820 HVAC and Electrical Improvements MMC,Inc. 03/05/2019 $469,000 $0 $469,000 10.0% 10.0% 0.0% 10.0%
J-126JK Stairs,Hatches,Walkway Hazards,Ladders,Guardrails, Olsson Construction,Inc. 10/24/2018 $3,637,601 $917 $3,638,518 10.0% 10.0% 0.0% 10.0%
Roof Fall Protection
J-126PQ Ladders,Hatches,Roof Fall Protection Tharsos,Inc. 10/24/2018 $786,000 $19,905 $786,000 10.0% 10.0% 2.5% 7.5%
M-FE Small Construction Projects Program
FE17-01 Carbon Canyon Pipeline Sag Repairs Mike Prlich and Sons,Inc. 10/02/2019 $510,000 $0 $510,000 10.0% 10.0% 0.0% 10.0%
FE18-11 Headworks Explosive Gas Monitoring Systems at Plant Baker Electric 01/22/2020 $223,984 $0 $223,984 10.0% 10.0% 0.0% 10.0%
No.land No.2
FE18-17 Trunkline Sampler Power Feed at Plant No 2 M.Brey Electric,Inc. 03/25/2020 $101,050 $0 $101,050 20.0% 20.0% 0.0% 20.0%
FE18-18 Portable Generator Connector at Lido Pump Station M.Brey Electric,Inc. 09/17/2019 $42,285 $0 $42,285 20.0% 20.0% 0.0% 20.0%
FE18-19 12KV Distribution B and East RAS Pump Station Roofing O'Connell Engineering& 05/27/2020 $674,800 $0 $674,800 10.0% 10.0% 0.0% 10.0%
Replacement Construction,Inc.
(D
M-FR-820 Master Operationally Funded
FE17-06 Tustin Ave Manhole and Pipe Repair Nuline Technologies,LLC 10/24/2019 $350,000 $0 $350,000 10.0% 10.0% 0.0% 10.0%
M-FR-880 Master Operationally Funded
MP-105 P2 CENGEN Steam Turbine Rehabilitation Dresser-Rand 03/25/2018 **$484,220 $0 $484,220 20.0% 2.5% 0.0% 2.5%
MP-248 P2 Secondary Clarifier Repairs(AS Plant) W.M.Lyles Company 06/26/2019 $3,048,000 $42,255 $3,090,255 10.0% 10.0% 1.4% 8.6%
MP-509 P2 Headworks Low Voltage Cable Assessment Mass Electric Construction Co. 12/18/2019 $434,327 $0 $434,327 20.0% 20.0% 0.0% 20.0%
MP-638 Activated Sludge Plant Clarifier Inlet Gate Replacement Innovative Construction Solutions 12/18/2019 $658,300 $0 $658,300 10.0% 10.0% 0.0% 10.0%
at Plant No.2
M-SM-CAP Operations&Maintenance Capital Program
SC17-03 CenGen Oil Filter Platform Metro Builders&Engineers Group, 12/04/2019 $134,479 $10,968 $134,479 10.0% 10.0% 8.2% 1.8%
Ltd.
P1-115 Title 24 Access Compliance and Building Rehabilitation Project
P1-115B Rehabilitation of Fleet Services Building,Building 8 and ODC Engineering&Technology 09/11/2017 $2,235,563 $61,194 $2,296,757 10.0% 10.0% 2.7% 7.3%
Paving Area
P1-128 Headquarters Complex
P1-128C Headquarters Complex Site Preparation Resource Environmental,Inc. 6/24/2020 $1,555,000 $0 $1,555,000 10.0% 10.0% 0.0% 10.0%
P3-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No.1
P1-129 Return Activated Sludge Piping Replacement at Abhe&Svoboda,Inc. 07/24/2019 $6,863,092 $0 $6,863,092 10.0% 10.0% 0.0% 10.0%
Activated Sludge Plant No.1
P2-122 Headworks Modifications at Plant No.2 for GWRS Final Expansion
P2-122 Headworks Modifications at Plant No.2 for GWRS Final Shimmick Construction Co.,Inc. 01/22/2020 $14,487,735 $0 $14,487,735 10.0% 10.0% 0.0% 10.0%
Expansion
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 1-Active Construction Contracts
Current
Award Board Award Contract Original Current Contingency Contingency
/ Contractor Date Amount Change Orders Amount Contingency Contingency Used Remaining
Project Contract
P2-123 Return Activated Sludge Piping Replacement at Plant 2
P2-123 Return Activated Sludge Piping Replacement at Plant 2 Shimmick Construction Co.,Inc. 09/25/2019 $6,042,110 $0 $6,042,110 10.0% 10.0% 0.0% 10.0%
P2-92 Sludge Dewatering and Odor Control at Plant 2 0.9%
P2-92 Sludge Dewatering and Odor Control at Plant 2 Shimmick Construction Co.,Inc. 01/12/2015 $49,850,000 $2,530,887 $52,380,887 5.0% 6.0% 5.1%
P2-98 Primary Treatment Rehabilitation at Plant No.2 9.6%
P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 Myers&Sons Construction,LLC 01(23(2019 $8,665,000 $38,833 $8,703,833 10.0% 10.0% 0.4%
M-FR-870 Master Operationally Funded 20.0%
MP-276 Central Generation Engine Overhauls at Plant No.land UPS Midstream Services,Inc. 10(23(2019 $5,636,335 $0 $5,636,335 20.0% 20.0% 0.0%
Plant No.2
Total $283,073,8811 $4,406,204 $287,449,212
**Original Award was$245,424,and later amended to$484,220 with a contingency reduction by Board Action on 4/22/20
N
(D
A
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 2-Construction Contracts Closed in Last Quarter
Date Board Award Final Contract Original Current Contingency Unused
Project/Contract Contractor Closed Award Date Amount Change Orders Amount Contingency Contingency Used Contingency
2-41-8 SARI Rock Stabilizers Removal
2-41-8 SARI Rock Stabilizers Removal Griffith Company 6/16/2020 09/26/2018 $2,809,082 ($504,812) $2,304,270 10.0% 10.0% 0.0% 10.0%
M-FE Small Construction Projects Program
FE16-06 Fuel Cell Facilities Demolition MMC,Inc. 6/2/2020 07/24/2019 $474,000 $7,337 $481,337 10.0% 10.0% 1.5% 8.5%
FE17-05 Plant 1ICS Network Extension RP Controls 6/2/2020 06/26/2019 $321,889 $11,942 $333,831 10.0% 10.0% 3.7% 6.3%
P1-101 Sludge Dewatering and Odor Control at Plant 1
31-101 Sludge Dewatering and Odor Control at Plant WM Lyles Company 11/28/2012 4/28/2020 $126,908,300 $12,863,644 $139,771,944 3.0% 11.5% 10.1% 1.4%
1
P2-110 Consolidated Demolition and Utility Improvements at Plant 2
32-110 Consolidated Demolition and Utility Flatiron West Inc 4/15/2020 02/09/2017 $16,730,000 $1,466,522 $18,196,522 8.0% 13.0% 8.8% 4.2%
Improvements at Plant 2
Total $147,243,271 $13,844,633 $161,087,904
M
CD
CD
C1
"`" SA"" /°a ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2020
TM1,s THE E
When the Sanitation District Board awards a construction contract, they also approve a
contingency which allows the General Manager to approve contract change orders up to
the amount of the contingency. One purpose of this report is to document how much of
the contingency is utilized. A contract's change order rate is only meaningful when the
work is completed. As such, the change order performance charts in this report are based
only on contracts closed since the Board began approving contingencies in 2008. The
following chart shows how cumulative change order rates have changed for plant,
collections, and all contracts since the contingency system was implemented.
Cumulative Change Order Rates
Closed Construction Contracts
-All
Collections
Plant
2.00%
0.00'/O
o o o o o o o o o o o o o
a a a a Cr a Cr a Cr a Cr a Cr a Cr a Cr a Cr a Cr a Cr a Cr Cr
Page 6
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
9ojFC oa��� For the period ending June 30, 2020
lNC 7NE EN�\P
PART 2 — ENGINEERING SERVICES AGREEMENTS
The Sanitation District engages engineering consultants through Professional Service
Agreements (PSAs), Professional Design Services Agreements (PDSAs), Professional
Construction Services Agreements (PCSAs), and Master Professional Services
Agreements (Master Agreements). PDSAs are used to obtain design engineering
services, and PCSAs are a subsequent agreement with the design consultant to provide
support services during construction. PSAs are used for planning studies and other
consultant assignments.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects.
On those smaller projects, the Sanitation District solicits task order proposals from three
or four of the firms and awards a task order to the most qualified consultant. There are
currently six sets of Master Agreements.
• 2012 Master Design Agreements (expired)
• 2015 Master Design Agreements (expired)
• 2018 Master Design Agreements
• 2017 Master Agreements for CEQA Studies
• 2017 Master Agreements for Collection Planning Studies
• 2017 Master Agreements for Wastewater Treatment Planning Studies
The two Master Design Agreements from 2012, and 2015 have expired, meaning no new
task orders can be issued under them, but previously-issued task orders remain active
until completed. Task Orders are limited by Sanitation District Ordinance No. OCSD-52
$300,000 per task order.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is
attached under Table 3, and a status table for all Active Task Orders by Master
Agreement is attached under Table 4 (Master Agreements).
Page 7
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 3-Active Engineering Services Agreements
Award Board Award Current Contract Original Current Contingency Contingency
Project Contract Type Consultant Date Amount Amendments Amount Contingency Contingency Used Remaining
2-41-8 SARI Rock Stabilizers Removal
2-41-8 SARI Rock Stabilizers Removal PCSA Michael Baker International,Inc. 09/26/2018 $215,129 $0 $215,129 10.0% 10.0% 0.0% 10.0%
2-72 Newhope-Placentia Trunk Replacement
2-72 Newhope-Placentia Trunk Replacement PCSA Lee&Ro 03/23/2016 $3,253,946 $0 $3,253,946 10.0% 10.0% 0.0% 10.0%
3-62 Westminster Blvd Force Main Replacement
3-62 Westminster Blvd Force Main Replacement PCSA Sta ntec Consulting Services,Inc. 12/18/2019 $1,183,000 $0 $1,183,000 10.0% 10.0% 0.0% 10.0%
3-62 Westminster Blvd Force Main Replacement PDSA Stantec Consulting Services,Inc. 07/22/2015 $6,917,175 -$1,339,457 $5,577,718 10.0% 10.0% 0.0% 10.0%
3-64 Rehabilitation of Western Regional Sewers
3-64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services,Inc. 01/27/2016 $17,639,250 $1,088,654 $18,727,904 10.0% 10.0% 6.2% 3.8%
3-67 Seal Beach Pump Station Replacement
3-67 Seal Beach Pump Station Replacement PDSA Lee&Ro 11/20/2019 $5,947,850 $0 $5,947,850 10.0% 10.0% 0.0% 10.0%
5-60 Newport Force Main Rehabilitation
5-60 Newport Force Main Rehabilitation PCSA Brown and Caldwell 04/29/2014 $2,231,925 $839,714 $3,071,639 8.0% 38.7% 37.6% 1.0%
5-67 Bay Bridge Pump Station Replacement
5-67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc. 10/25/2017 $7,137,000 $493,983 $7,505,955 10.0% 10.0% 6.9% 3.1%
6-17 District 6 Trunk Sewer Relief
6-17 District 6 Trunk Sewer Relief PCSA RMC Water&Environment 10/10/2016 $290,000 $0 $290,000 15.0% 15.0% 0.0% 15.0%
7-66 Sunflower and Red Hill Interceptor Repairs
7-66 Sunflower and Red Hill Interceptor Repairs PDSA GHD 09/25/2019 $308,712 $0 $308,712 10.0% 10.0% 0.0% 10.0%
J-117 Ocean Outfall System Rehabilitation
1-117A Interplant Effluent Pipeline Rehabilitation PCSA Brown and Caldwell 05/24/2018 $1,121,666 $112,167 $1,233,833 10.0% 10.0% 10.0% 0.0%
1-117B Outfall Low Flow Pump Station PCSA Brown and Caldwell 12/19/2018 $8,563,913 $346,857 $8,910,770 10.0% 10.0% 4.1% 5.9%
J-124 Digester Gas Facilities Rehabilitation
N J-124 Digester Gas Facilities Rehabilitation PDSA Brown and Caldwell 11/15/2017 $11,770,000 -$36,411 $11,733,589 10.0% 10.0% 0.0% 10.0%
NJ-126 Safety Improvements Program
00 J-126 Safety Improvements Program PDSA Arcadis 08/29/2016 **$3,040,000 $0 $3,040,000 10.0% 10.0% 0.0% 10.0%
J-98 Electrical Power Distribution System Improvements
1-98 Electrical Power Distribution System Improvements PDSA Brown and Caldwell 01/29/2020 $2,240,000 $0 $2,240,000 10.0% 10.0% 0.0% 10.0%
M-FE Small Construction Projects Program
FE16-11 Lane Channel Crossing PSA HDR Engineering,Inc. 06/28/2017 $131,939 $0 $131,939 10.0% 10.0% 0.0% 10.0%
M-RESEAR Research Program
RE17-02 Biogas Scrubber Evaluation PSA Carollo Engineers,Inc. 04/21/2017 $656,783 $63,097 $719,880 15.0% 15.0% 9.6% 5.4%
M-STUDIE!Planning Studies Program
PS15-02 Edinger Pump Station Rehabilitation Study PSA Lockwood,Andrews&Newman,Inc. 12/20/2017 $505,042 $0 $505,042 10.0% 10.0% 0.0% 10.0%
PS15-06 Seismic Evaluation of Structures at Plant Nos.1 and PSA Geosyntec Consultants,Inc. 06/28/2017 $2,578,028 $132,425 $2,710,453 10.0% 10.0% 5.1% 4.9%
2
PS15-08 Collections Capacity Evaluation Study PSA RMC Water&Environment 08/24/2016 $2,802,675 $19,372 $2,822,047 10.0% 10.0% 0.7% 9.3%
PS16-01 Stormwater Master Plan PSA Michael Baker International,Inc. 07/26/2017 $715,300 $54,839 $770,139 10.0% 10.0% 7.7% 2.3%
PS17-03 Active Fault Location Study at Plant No.2 PSA Lettis Consultants International,Inc. 03/06/2019 $868,286 $0 $868,286 10.0% 10.0% 0.0% 10.0%
PS17-08 CECIA-Facilities Master Plan PSA Dudek 02/27/2019 $812,709 $0 $812,709 10.0% 10.0% 0.0% 10.0%
PS18-09 Ocean Outfall Condition Assessment and Scoping PSA Carollo Engineers,Inc. 03/25/2020 $2,744,000 $0 $2,744,000 10.0% 10.0% 0.0% 10.0%
Study
P1-101 Sludge Dewatering and Odor Control at Plant 1
131-101 Sludge Dewatering and Odor Control at Plant 1 PCSA HDR Engineering,Inc. 06/28/2012 $7,140,000 $2,453,653 $9,593,653 8.0% 35.0% 34.4% 0.6%
P1-105 Headworks Rehabilitation at Plant 1
P1-105 Headworks Rehabilitation at Plant 1 PDSA Carollo Engineers,Inc. 05/27/2015 $17,528,957 $7,744,413 $25,273,370 10.0% 51.0% 44.2% 6.8%
P1-128 Headquarters Complex
P1-128 Headquarters Complex PDSA HDR Engineering,Inc. 06/22/2016 $11,785,709 -$752,553 $11,033,156 10.0% 10.0% 0.0% 10.0%
P1-128 Headquarters Complex PSA LSA Associates,Inc. 08/11/2016 $420,927 $0 $420,927 10.0% 10.0% 0.0% 10.0%
P1-128C Headquarters Complex Site Preparation PCSA HDR Engineering,Inc. 6/24/2020 $178,000 $0 $178,000 10.0% 10.0% 0.0% 10.0%
P3-129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No.1
P1-129 Return Activated Sludge Piping Replacement at PCSA AECOM Technical Services,Inc. 07/24/2019 $140,000 $0 $140,000 10.0% 10.0% 0.0% 10.0%
Activated Sludge Plant No.1
P1-129 Return Activated Sludge Piping Replacement at PDSA AECOM Technical Services,Inc. 06/20/2017 $523,039 $27,015 $550,054 10.0% 10.0% 5.2% 4.8%
Activated Sludge Plant No.1
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 3-Active Engineering Services Agreements
Award Board Award Current Contract Original Current Contingency Contingency
Project Contract Type Consultant Date Amount Amendments Amount Contingency Contingency Used Remaining
P1-132 Uninterruptable Power Supply Improvements at Plant 1
P1-132 Uninterruptable Power Supply Improvements at PDSA Tetra Tech,Inc. 10/23/2019 $784,680 $0 $784,680 10.0% 10.0% 0.0% 10.0%
Plant 1
P1-133 Primary Sedimentation Basins No.6-31 Reliability Improvements at Plant No.1
P1-133 Primary Sedimentation Basins No.6-31 Reliability PDSA Carollo Engineers,Inc. 09/25/2019 $1,219,667 $0 $1,219,667 10.0% 10.0% 0.0% 10.0%
Improvements at Plant No.1
P2-110 Consolidated Demolition and Utility Improvements at Plant 2
P2-110 Consolidated Demolition and Utility Improvements PCSA Stantec Consulting Services,Inc. 01/25/2017 $1,499,839 $0 $1,499,839 10.0% 10.0% 0.0% 10.0%
at Plant 2
P2-122 Headworks Modifications at Plant No.2 for GWRS Final Expansion
P2-122 Headworks Modifications at Plant No.2 for GWRS PCSA CDM Smith Inc. 01/15/2020 $2,200,000 $0 $2,200,000 10.0% 10.0% 0.0% 10.0%
Final Expansion
P2-123 Return Activated Sludge Piping Replacement at Plant 2
P2-123 Return Activated Sludge Piping Replacement at Plant PCSA SPEC Services,Inc. 09/25/2019 $252,329 $0 $252,329 10.0% 10.0% 0.0% 10.0%
2
P2-123 Return Activated Sludge Piping Replacement at Plant PDSA SPEC Services,Inc. 02/15/2018 $668,217 $0 $668,217 10.0% 10.0% 0.0% 10.0%
2
P2-124 Interim Food Waste Receiving Facility
P2-124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 $695,000 $20,717 $715,717 10.0% 10.0% 3.0% 7.0%
P2-92 Sludge Dewatering and Odor Control at Plant 2
P2-92 Sludge Dewatering and Odor Control at Plant 2 PCSA Brown and Caldwell 12/17/2014 $4,798,328 $0 $4,798,328 10.0% 10.0% 0.0% 10.0%
P2-98 Primary Treatment Rehabilitation at Plant No.2
P2-98 Primary Treatment Rehabilitation at Plant No.2 PDSA Black&Veatch 07/27/2016 $18,141,423 $1,279,488 $19,420,911 10.0% 10.0% 7.1% 2.9%
v
P2-98B B/C-Side Primary Clarifiers Interim Repair at Plant 2 PCSA Black&Veatch 01/23/2019 $549,534 $0 $549,534 10.0% 10.0% 0.0% 10.0%
SP-152 Climate Resiliency Study
SP-152 Climate Resiliency Study PSA Hazen and Sawyer 11/28/2018 $697,952 $64,199 $762,151 10.0% 10.0% 9.2% 0.8%
SP-196 Process Control Systems Upgrades Study
SP-196 Process Control Systems Upgrades Study PSA Istantec Consulting Services,Inc. 03/01/2018 $1,389,866 $9,000 $1,398,866 10.0% 10.0% 0.6% 9.4%
Total $154,287,795 $12,621,172 $166,783,939
**Original Award was$1,540,000,and later amended to$3,040,000 by Board Action
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 4-Active Task Orders by Master Agreement
Master Agreement/Project Consultant Award Date Original Task Amendments Current Task
Order Value Order Value
2012 Master Professional Design Service Agreements(Expired)
FE10-21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000
2015 Master Professional Design service Agreements(Expired)
FE14-05 Plant No.1 Fleet Services UST Leak Remediation Dudek 9/1/2015 $86,116 $73,137 $159,253
2017 Master Agreements for Wastewater Treatment Planning Studies
PS17-10 Emergency Overflow Weirs,Wing Wall Structural and Geotechnical Investigations HDR Engineering,Inc. 05/21/2019 $260,415 $0 $260,415
PS18-05 Plant No.2 Future Site Plan Development Brown and Caldwell 05/22/2019 $122,389 $0 $122,389
PS18-11 ETAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020 $227,412 $0 $227,412
2017 Master Agreements for Collection Planning Studies
No Task Orders Issued to Date -- -- - -- --
2017 Master Agreements for CEQA Studies
No Task Orders Issued to Date -- -- -- -- --
SU
cc
CD 2018 Master Professional Design Service Agreements
O
FE18-06 CenGen Instrument Air Compressors Replacement at Plant No.1 and No.2 IDS Group,Inc. 04/28/2020 $89,876 $0 $89,876
FE18-13 Redhill Relief Sewer Relocation at State Route 55 GHD,Inc. 3/27/2020 $168,612 $0 $168,612
FE18-14 Plant Water Pipeline Replacement in Kinnison,Lindstrom,and Scott Tunnels at Plant Dudek 11/6/2019 $108,308 $0 $108,308
No.2
FE18-15 Plant Boiler System Relief at Plant No.2 IDS Group,Inc. 10/22/2019 $23,299 $0 $23,299
FE18-16 Truck Loading Basement Drain Modifications at Plant No.1 GHD,Inc. 12/4/2019 $70,130 $0 $70,130
FE18-19 12KV Distribution Center B and East RAS Pump Station Roof Replacement HDR Engineering,Inc. 09/16/2019 $74,771 $8,672 $83,443
FE19-02 Cengen Plant Water Pipe Replacement at Plant No.1 AECOM 04/30/2020 $156,498 $0 $156,498
FE19-06 EPSA Motor Cooling Improvements at Plant No.2 IDS Group,Inc. 05/05/2020 $88,206 $0 $88,206
FR2-0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No.2 AECOM 11/6/2019 $75,120 $0 $75,120
1-127 Natural Gas Pipelines Replacement at Plant Nos.1 and 2 Black&Veatch 1/21/2019 $271,964 $0 $271,964
P1-135 Digester Ferric Chloride Piping Replacement at Plant No.1 Dudek 2/19/2020 $127,174 $0 $127,174
Total $2,008,730 $123,369 $2,132,099
"`" SA"" /°a ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
For the period ending June 30, 2020
TM1,s THE E
PART 3 — MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master
program budgets that allow staff to more quickly initiate, execute, and manage smaller
projects that fit within the scope of a particular program. The projects chartered under
these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 5
Research Program Table 6
Small Construction Projects Program Table 7
Information Technology Capital Program Table 8
Operations & Maintenance Capital Program Table 9
Page 11
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 5-Planning Studies Status Report
Project Number Project Name Status Allocated Budget
PS15-02 Edinger Pump Station Rehabilitation Study Active $ 971,000
PS15-06 Seismic Evaluation of Structures at Plant Nos.1 and 2 Active $ 3,860,000
PS15-08 Collections Capacity Evaluation Study Active $ 3,682,000
PS15-10 2017 Facilities Master Plan Closed $ 3,820,824
PS16-01 Stormwater Master Plan Active $ 1,415,700
PS16-02 SCE Feed Reliability Improvements Study Active $ 293,000
PS17-03 Active Fault Location Study at Plant No.2 Active $ 1,300,000
PS17-08 CECA-Facilities Master Plan Active $ 1,247,000
PS17-10 Emergency Overflow Weirs,Wing Wall Structural and Geotechnical Investigation! Active $ 465,000
PS18-01 Asset Management Plan Development Closed $ 331,035
PS18-05 Plant No.2 Future Site Plan Development Active $ 217,000
PS18-06 Go/No-Go Lights and Signage Active $ 495,000
PS18-09 Ocean Outfall Condition Assessment and Scoping Study Active $ 3,340,000
PS18-11 ETAP Model Updates for Plant Nos 1 and 2 Active $ 553,000
PS19-01 Digester 6 Pipe Stress Analysis at Plant No.] Active $ 45,000
PS19-02 Circular Primary Clarifier Replacement Phasing Study at Plant No] Closed $ 43,269
PS19-03 Laboratory Rehabilitation Feasibility Study Active $ 450,000
PS19-04 Chemical Evaluation Study at Plant No 1 and 2 Closed $ 977
PS19-05 Collection System Flow Level Monitoring Study Closed $ -
Grand Total $ 22,529,805
Number of Chartered Projects 19
Board Approved Program Budget $ 28,652,000
Remaining Unallocated Budget $ 6,122,195
Page 12
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 6-Research Program Status Report
Project Number Project Name Status Allocated Budget
RE17-01 Operational Research Technical Support FY18-19. Closed $ 656,506
RE17-02 Biogas Scrubber Evaluation Active $ 865,000
RE17-03 Reliant Wet Well Wizard Test Closed $ 45,013
RE17-04 AquaNereda Aerobic Granular Sludge Process Closed $ 19,628
RE17-05 Organica FCR Process Closed $ 15,564
RE17-06 TWAS Pump Reliability Improvement Trials at Plant No.2 Closed $ 10,159
RE17-07 Super Oxygenation System Research at Seal Beach Pump Statior Closed $ 80,000
RE18-01 Trickling Filter Bleach Test at Plant No.] Closed $ 109,068
RE18-02 Protein Matrix Demonstration Study at Plant No] Active $ 310,000
RE19-01 Primary Scum Equipment Evaluation at Plant No.1 Active $ 31,000
Grand Total $ 2,141,938
Number of Chartered Projects 10
Board Approved Program Budget $ 8,500,000
Remaining Unallocated Budget $ 6,358,062
Page 13
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 7-Small Construction Projects Program Status Report
Project Number Project Name Status Allocated Budget
FE10-21 Area 02 Craig Regional Park Manhole Improvements Active $ 1,359,000
FE14-05 Plant No.1 Fleet Services UST Leak Remediatior Active $ 1,487,311
FE15-07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Active $ 3,319,600
FE15-10 East Lido Force Main Rehabilitation Active $ 2,228,000
FE16-06 Fuel Cell Facilities Demolition Closed $ 960,000
FE16-10 East Basin Distribution Box Repair Closed $ 1,013,850
FE16-11 Lane Channel Crossing Active $ 500,000
FE16-14 Slater Pump Station Valve Replacements Closed $ 946,940
FE17-01 Carbon Canyon Pipeline Sag Repairs Active $ 873,000
FE17-03 Battery Storage System at Plant No.1 Active $ 612,000
FE17-05 Plant 1 ICS Network Extension Active $ 950,000
FE18-06 CenGen Instrument Air Compressors Replacement at Plant No.1 and No.-e Active $ 1,450,000
FE18-08 West Trunk Bypass Sewer Realignment Active $ 158,000
FE18-11 Headworks Explosive Gas Monitoring Systems at Plant No.1 and No. Active $ 470,000
FE18-12 Erosion Control at Santa Ana River and Hamilton Ave Active $ 245,000
FE18-13 Redhill Relief Sewer Relocation at State Route 5E Active $ 1,540,000
FE18-14 Plant Water Pipeline Replacement in Kinnison,Lindstrom,and Scott Tunnels at Plant No.: Active $ 1,425,000
FE18-15 Plant Boiler System Relief at Plant No.2 Active $ 180,000
FE18-16 Truck Loading Basement Drain Modifications at Plant No.1 Active $ 440,000
FE18-17 Trunkline Sampler Power Feed at Plant No 2 Active $ 215,000
FE18-18 Portable Generator Connector at Lido Pump Statior Active $ 106,000
FE18-19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active $ 988,000
FE18-20 Blower Building No.1 Air Compressors at Plant No.1 Active $ 1,200,000
FE19-01 Pump Station Portable Generator Connectors- Active $ 1,990,000
FE19-02 Cengen Plant Water Pipe Replacement at Plant No.1 Active $ 2,250,000
FE19-03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No.1 Active $ 1,100,000
FE19-04 Sunflower Pump Replacement at Plant No.1 Active $ 6,300,000
FE19-05 Engineering Trailer B Car Chargers at Plant No.1 Active $ 12,000
FE19-06 EPSA Motor Cooling Improvements at Plant No.2 Active $ 550,000
FE19-08 Secondary Treatment VFD Replacements at Plant No.2 Active $ 3,337,000
FE19-09 Newhope-Placentia Trunk Grade Separation Replacement Repairs Active $ 500,000
FE19-10 Digesters C,D,F,G and I Gas Balance Lines Replacement at Plant No.2 Active $ 200,000
FE19-11 Primary Clarifiers Nos.6-31 Lighting and Alarm Improvements at Plant No.1 Active $ 1,250,000
FE19-12 Rebuild Shop Fume Extractor Installation at Plant No 1 Active $ 325,000
FE19-13 VFD Replacements at Seal Beach Pump Station Active $ 690,000
Grand Total $ 41,170,701
Number of Chartered Projects 35
Board Approved Program Budget $ 53,250,000
Remaining Unallocated Budget $ 12,079,299
Page 14
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 8-Information Technology Capital Program Status Report
Project Number Project Name Status Allocated Budget
IT16-03 Plant 2 Internet Connection Active $ 50,000
IT16-05 Plant 2 Radio Repeater Upgrade Closed $ 35,000
IT16-06 Network Equipment 2016-17 Closed $ 44,302
IT16-07 Server Replacement and ObsolescencE Closed $ 337,332
IT16-08 IT Security 2016-17 Active $ 162,000
IT16-09 iPACS Enhancements Active $ 85,000
IT16-10 LIMS Compliance Improv Project Closed $ 754,800
IT16-11 Business Continuity Plan Active $ 140,000
IT17-01 VMWare Active $ 800,000
IT17-02 Upgrade Active Directory Directory to 201E Active $ 56,000
IT17-03 Upgrade ShoreTel System Server Active $ 190,000
IT17-04 PCllmprovements Closed $ 131,093
IT17-05 Conference Room Monitor Upgrade Active $ 75,686
IT17-06 Printer Obsolescence Active $ 350,000
IT17-07 Safety Management Suite Active $ 106,000
IT17-08 Perimeter Physical Security Im Closed $ 170,077
IT17-09 MYOCSD Redesign Closed $ 170,077
IT17-10 Electronic Operator Round Form Active $ 45,000
IT17-11 P2 Radio Repeater Closed $ 170,077
IT17-12 Sever/Network Power Improvements Active $ 90,000
IT17-13 Graphric Workstations for PAC Closed $ 15,000
IT17-14 Specialized Application Programing&Support Active $ 600,000
IT17-15 Data Storage Replac/Obsolescens Closed $ 600,000
IT18-02 Fleet Management Information System Active $ 250,000
IT18-03 Timecard Systems Upgrade Active $ 150,000
IT18-04 Conference Rooms Audio System Replacemeni Closed $ 90,000
IT18-05 Trusted System Document Management Active $ 100,000
IT18-06 Server Replacement and Obsolescence FY18/19-19/2C Closed $ 900,000
IT18-07 Network Equipment FY18/19-19/20 Closed $ 850,000
IT18-09 Records Management Information System Active $ 100,000
IT18-10 Board Services Management System Closed $ 60,000
IT18-11 IT Security Budget 2018-2019 Closed $ 150,000
IT19-01 IT Safety VPP Systems(IT19-01) Active $ 150,000
IT19-02 IT Enterprise Replication(IT19-02) Active $ 150,000
IT19-03 IT HP Plotter(IT19-03) Closed $ 150,000
IT19-04 IT HCI for ICS and ICS-DMZ(IT19-04) Active $ 150,000
IT19-05 IT P1&P2 Data Refresh(IT19-05) Active $ 150,000
Grand Total $ 8,577,444
Number of Chartered Projects 37
Board Approved Program Budget $ 10,000,000
Remaining Unallocated Budget $ 1,422,556
Page 15
Capital Improvement Program Contract Performance Report
for Quarter Ending 06/30/2020
Table 9-Operations&Maintenance Capital Program Status Report
Project Number Project Name Status Allocated Budget
SC16-01 Maint.Storage Area Tool Cage Active $ 12,000
SC17-01 CENGEN#1 Elevator Rehab Active $ 12,000
SC17-02 P1 CenGen Plant Water Piping Rehabilitation Active $ 250,000
SC17-03 CenGen Oil Filter Platform Active $ 260,000
SC17-04 P1 CenGen 12KV Circuit Breaker Replacement Closed $ 220,000
SC17-05 Hidrostal Pump-TEFC Close Coupled Motor#2(Pump for SALS) Active $ 261,260
SC17-06 P1 Lab UPS System Replacement Active $ 290,294
SC18-01 P1 Primary Clarifier Fall Protection Improvements Active $ 50,000
SC18-02 Joint Cen Gen Oil Centrifuge Heater&Controls Rehabilitation(MP-18 Active $ 120,000
SC18-03 P1 SALS Main Duty Pump&Motor and Installation-Remaining 2(MP-524) Active $ 500,000
SC18-04 Edinger UPS Replacement(MP-444) Active $ 15,000
SC18-05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.] Active $ 400,461
SC18-06 Pump Station Bypass Parts-Procurement(MP-426) Active $ 500,000
SC18-08 MacArthur Pump Station-FM Valve Replacement Active $ 55,109
SC18-09 Admin Bldg UPS System Replacement Active $ 185,000
SC18-10 P2 South Scrubber Complex Bleach Pump Turndown(MP-420) Active $ -
SC18-11 Lido PS Camlock Con Panel Inst(SC18-11) Active $ -
SC19-02 Truck Loading-Conveyors 3&6(SC19-02) Active $ 359,176
SC19-03 Return Activated Sludge Pump Station Elevator Rehabilitation at Plant No.: Active $ 890,000
SC19-04 Standby Generator Diesel Day Tank Improvements at Plant No.] Active $ 250,000
SC19-06 EPSA Standby Power Generator Control Upgrades at Plant No.2 Active $ 1,251,500
Grand Total $ 5,881,800
Number of Chartered Projects 21
Board Approved Program Budget $ 15,622,000
Remaining Unallocated Budget $ 9,740,200
Page 16
ORANGE COUNTY SANITATION DISTRICT
Capital Improvement Program
Contract Performance Report
9ojFC oa��� For the period ending June 30, 2020
l,NC 7NE EN�\P
PART 4 — SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, the Sanitation District Board of Directors approved a $41 million
professional services agreement with Jacobs Project Management Co. to provide
supplemental engineering and support staff services for a four-year term with the option
of three one-year renewals. The benefits of using a supplemental engineering services
contract, as opposed to hiring full-time staff or limited-term employees, include rapid
mobilization of highly skilled/technical staff, flexibility to change the mix of staff positions
on an immediate and as-needed basis, the ability to reduce staff as workloads decrease,
access to technical experts to support special tasks, and access to staff with wastewater
project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 10, and the supplemental engineering services labor summary can be
found under Table 11 .
Table 10—Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months 11)
Actuals to Date $21,232,459 52% 50 months 58%
Remaining $19,767,541 48% 36 months 42%
111 Assuming three 1-year extensions
Table 11 -Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 9,638 158,698
Full Time Equivalents 21.4 21.2
Labor Costs (no expenses) $1,266,770 $20,795,266
Average Hourly Rate $127 $131
Page 17
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 #: 2020-1185 Agenda Date: 9/2/2020 Agenda Item No: 3.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
GISLER-RED HILL INTERCEPTOR REHABILITATION, PROJECT NO. 7-65
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Design Services Agreement with CDM Smith to provide engineering
services for Gisler-Red Hill Interceptor Rehabilitation, Project No. 7-65, for an amount not to
exceed $1,754,000; and
B. Approve a contingency of $175,400 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) owns and maintains regional conveyance
facilities in the Cities of Costa Mesa and Irvine, including the 30 and 33-inch diameter Gisler-Red Hill
Interceptor and the Baker Force Mains. The Gisler-Red Hill Interceptor runs approximately 15,000
feet from near Main Street Pump Station to College Avenue Pump Station near Harbor Blvd.; mostly
just south of the 405 Freeway in the Cities of Costa Mesa and Irvine. The Baker Force Mains are two
42-inch diameter force mains running approximately 6,000 feet from Main Street Pump Station to
Baker Street; mostly along Airway Avenue in the City of Costa Mesa. The facilities range in age from
30 to 55 years. The interceptor and force mains are not capacity deficient.
RELEVANT STANDARDS
• Achieve less than 2.1 sewer spills per 100 miles
• Protect Orange County Sanitation District assets
• California Government Code §4526: Select the "best qualified firm" and "negotiate fair and
equitable fees"
PROBLEM
Condition assessments completed in 2015 and 2017 on the Gisler-Red Hill Interceptor indicate
corrosion in most of the manholes, as well as multiple cracks in the vitrified clay piping. The Baker
Force Mains have corrosion and liner failures due to the corrosive gas migration from the wet wells.
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File #: 2020-1185 Agenda Date: 9/2/2020 Agenda Item No: 3.
PROPOSED SOLUTION
Award a Professional Design Services Agreement for Gisler-Red Hill Interceptor Rehabilitation,
Project No. 7-65. The project will rehabilitate the Gisler-Red Hill Interceptor and the Baker Force
Mains.
TIMING CONCERNS
The schedule driver of this project is to resolve the safety and reliability risks associated with
deteriorated facilities to reduce the risks of potential spills and structural failures.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk of failure of the pipes due to continued corrosion causing a sewage spill, and,
potentially, property damage.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
The Sanitation District requested and advertised for proposals for Gisler-Red Hill Interceptor
Rehabilitation, Project No. 7-65, on May 13, 2020. The following evaluation criterion were described
in the Request for Proposals (RFP) and used to determine the most qualified Consultant.
CRITERION WEIGHT
Project Understanding and Approach 35%
Related Project Experience 30%
Project Team and Staff Qualifications 35%
Six proposals were received on June 30, 2020 and evaluated in accordance with the evaluation
process set forth in Sanitation District Board of Directors' Purchasing Ordinance No. OCSD-52
(Purchasing Ordinance) by a pre-selected Evaluation Team consisting of the Sanitation District staff:
Senior Engineer (Project Manager), Associate Engineer (Project Engineer), two Engineering
Supervisors, and a Maintenance Supervisor. The Evaluation Team also included one non-voting
representative from the Contracts Administration Division.
The Evaluation Team scored the proposal on the established criterion as summarized in the table
below:
Firm Approach (Max 40) Related Team (Max Total Score
Experience 30) (Max 100)
(Max 30)
1 DM Smith 31 23 29 83
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File #: 2020-1185 Agenda Date: 9/2/2020 Agenda Item No: 3.
2 GHD 20 14 17 51
3 Michael Baker 13 13 15 41
International, Inc.
4 Tetra Tech 10 13 14 37
5 Lockwood, Andrews & 11 10 11 32
Newnam, Inc. (LAN)
6 Atkins North America, Inc. 8 11 13 32
Following scoring, the Evaluation Team concluded that interviews were not necessary to determine
the most qualified consultant. CDM Smith was selected as the most qualified Consultant based on
their superior project approach and detailed understanding of the risks involved with the project. The
team and related project experience directly related to rehabilitation of both gravity and force mains
are well suited to the scope and likely challenges of the current project.
Review of Fee Proposal and Negotiations:
Proposals were accompanied by sealed fee proposals. Only the fee proposal of the Evaluation
Committee's highest-ranked firm, as approved by the Director of Engineering, was opened in
accordance with the Purchasing Ordinance.
Staff conducted negotiations with CDM Smith to clarify the requirements of the Scope of Work, the
assumptions used for the estimated level of effort, and the proposed approach to meet the goals and
objectives for the project. Negotiations were held with multiple follow up e-mails and calls. The fee
decreased due to project meetings being held virtually instead of in person and minor revisions of
effort required by subconsultants.
Original Fee Negotiated Fee
Proposal
Total Hours 7,099 6,750
Total Fee $1,971,681 $1,754,000
The Consultant's fringe and overhead costs, which factor into the billing rate, have been
substantiated. The contract profit is 7.77%, which is based on an established formula based on the
Sanitation District's standard design agreements.
Based on the above, staff has determined that the final negotiated fee is fair and reasonable for the
level of effort required for this project and recommends award of the Professional Design Services
Agreement to CDM Smith.
CEQA
The project is exempt from CEQA under the Class 1 categorical exemptions set forth in California
Code of Regulations Sections 15301 because the project involves repairs, replacement, and or minor
alteration of existing facilities involving no expansion of use or capacity.
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File #: 2020-1185 Agenda Date: 9/2/2020 Agenda Item No: 3.
A Notice of Exemption will be filed with the OC Clerk-Recorder after the Sanitation District Board
award of the Professional Design Services Agreement contract.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted. (Adopted Budget, Fiscal Year 2020-2021 and 2021-2022, Section 8, Page
33) 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:
• Professional Design Services Agreement
RL:dm:gc
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PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the 23rd day of
September, 2020 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "SANITATION DISTRICT", and CDM SMITH INC., for purposes of this Agreement
hereinafter referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Gisler
— Red Hill Interceptor and Baker Force Mains Rehabilitation, Project No. 7-65; and to
provide Design services for pipe/manhole/force main rehabilitation technologies. The purpose of
the project is to perform a pipeline, manhole, and force main condition rehabilitation based on a
review of the existing CCTV videos and inspection reports. The successful Proposer will be
responsible for performing engineering and design services to recommend and design
appropriate rehabilitation procedures and to prepare bid and construction documents for
rehabilitation of the system; 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 September 23, 2020 the Board of Directors, by
Minute Order, accepted the recommendation of the Operations Committee pursuant to
SANITATION DISTRICT's Purchasing Ordinance 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.
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 1 of 20
B. CONSULTANT is responsible for the quality of work prepared under this
Agreement and shall ensure that all work is performed to the prevailing standards
of 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
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 thirty (30) 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.
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 2 of 20
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.
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 One Million Seven
Hundred Fifty-Four Thousand Dollars ($1,754,000.00). Total compensation to
CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum
set forth in Attachment "E" - Fee Proposal.
B. Labor
As a portion of the total compensation to be paid to CONSULTANT, 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
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 3 of 20
Profit shall be 5%. Addenda shall be governed by the same maximum Profit
percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and
Subconsultants, 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 "D"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 "D" - Allowable Direct Costs to this Agreement. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as
considered by Internal Revenue Service (IRS). The plan includes a combination of
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reimbursements based upon receipts and a "per diem" component approved by
IRS. The most recent schedule of the per diem rates utilized by the SANITATION
DISTRICT can be found on the U.S. General Service Administration website at
http://www.gsa.gov/portal/category/104711#.
The CONSULTANT shall be responsible for the most economical and practical
means of management of reimbursable costs inclusive but not limited to travel,
lodging and meals arrangements. 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
meals reimbursements. Per diem rates shall be applied to meals that are
appropriate for travel times. Receipts are not required for the approved meals.
Additional details related to the reimbursement of the allowable direct costs are
provided in the Attachment "D" - Allowable Direct Costs of this Agreement.
I. Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Proposal will exceed seventy-five percent (75%) of
the not-to-exceed amount of the Agreement, including approved additional
compensation, CONSULTANT shall notify 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: Two
Million Dollars ($2,000,000) per occurrence with Four Million Dollars ($4,000,000)
aggregate unless aggregate applies separately to this project (via use of ISO CG
25 03 or 25 04), then aggregate limit equals Two Million Dollars ($2,000,000) or
1/2 the general aggregate. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement),
products liability/completed operations (including any product manufactured or
assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile
equipment, owners and contractors protective liability, and cross liability and
severability of interest clauses. A statement on an insurance certificate will not be
accepted in lieu of the actual additional insured endorsement(s). If requested by
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 One Million Dollars ($1,000,000) per
occurrence with Two Million Dollars ($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 Two Million Dollars
($2,000,000) with limits in accordance with the provisions of this Paragraph. If
the policy of insurance is written on a "claims made" basis, said policy shall be
continued in full force and effect at all times during the term of this Agreement,
and for a period of five (5) years from the date of the completion of the services
hereunder.
In the event of termination of said policy during this period, CONSULTANT shall
obtain continuing insurance coverage for the prior acts or omissions of
CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing
no gap in coverage or by separate extended "tail" coverage with the present or
new carrier.
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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: Diane Marzano, Contracts Administrator
Copy: Rich Leon, Project Manager
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Notices shall be mailed to CONSULTANT at:
CDM Smith Inc.
46 Discovery, Suite 250
Irvine, CA 92618
Attention: Hala Titus
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.
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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. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
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 DISTRICT will reimburse CONSULTANT for the reasonable costs of defending
the Indemnified Parties against such claims.
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 17 of 20
CONSULTANT's indemnification obligation hereunder shall survive the expiration or
earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable
statute of limitations.
24. CONSULTANT PERFORMANCE
The CONSULTANT's performance shall be evaluated by 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.
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 18 of 20
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.
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. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
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: CDM SMITH INC.
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" — Not Attached
Attachment "D" —Allowable Direct Costs
Attachment "E" — Fee Proposal
Attachment "F" — Not Used
Attachment "G" — Not Attached
Attachment "H" — Not Used
Attachment "I" — Cost Matrix and Summary
Attachment "J" — Not Attached
Attachment "K" — Minor Subconsultant Hourly Rate Schedule
Attachment "L" — OCSD Safety Standards
PDSA PROJECT NO. 7-65
Revised 072619 GISLER—RED HILL INTERCEPTOR AND BAKER FORCE MAINS REHABILITATION
Page 20 of 20
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 #: 2020-1179 Agenda Date: 9/2/2020 Agenda Item No: 4.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
QUARTERLY ODOR COMPLAINT REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Receive and file the Fiscal Year 2019-20 Fourth Quarter Odor Complaint Report.
BACKGROUND
During the fourth quarter of FY 2019-20, the Orange County Sanitation District had the following
attributable odor complaints: Plant No. 1 had five odor complaints, Plant No. 2 had one odor
complaint, and the collections system had no odor complaints. A summary of the odor complaints
with a table tracking the history is included as an attachment.
RELEVANT STANDARDS
• Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
• Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
• 12 or fewer odor complaints per year under normal operating conditions in the collections
system
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• FY 2019-20 Fourth Quarter Odor Complaint Report
Orange County Sanitation District Page 1 of 1 Printed on 8/25/2020
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Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2019/20 — 4th Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received five attributable odor complaints during the 4th quarter. The odor complaints
were caused by diffused truckloading (fecal and rotten vegetable smell) and dewatering chemical
odor treatment (chlorine smell).
Plant No. 2 Treatment Facility Odor Complaint Summary
Plant No. 2 received one attributable odor complaints during the 4th quarter. The odor complaint was
caused by secondary process area.
2. Collections Facilities Odor Complaint Summary
The collection system received no attributable odor complaints during the 4th quarter.
All Odor Complaints Tracking
1 st Qtr 2nd Qtr 3rd Qtr 4th Qtr Cumulative
Apr. 2020 to Jun. 2020 FY FY FY FY FY 19/20
19/20 19/20 19/20 19/20
All Public Collections P1 P2 Total Total Total Total Total
Complaints
Attributable 0 5 1 6 5 9 6 26
to OCSD
Not
Attributable 2 1 5 15 10 9 8 42
to OCSD
Total Public
Complaints 2 6 6 21 15 18 14 68
Received:
NOTE: LOS for Plants is zero odor complaints. LOS for Collections is 12 odor complaints annually
On June 6 at 9:30 AM SCAQMD received a community odor complaint from the north-east side of
Plant 1 about odors that have been persistent for a long time but recently have been more
noticeable. The odor was described as a chlorine-like odor.
The Environmental Compliance team in collaboration with Operations team responded to the
AQMD's request for information. OCSD has shared with AQMD the investigation results and
proactive efforts to address the neighbor complaints including focusing efforts of Operations team on
activities involving with chemical usage in our processes. AQMD has not sent any additional request
for information and/or follow-up regarding the subject.
OJN1V SAN'T4
T/2 Orange Count Sanitation District Administration Building
a g y 10844 Ellis Avenue
P Fountain Valley,CA 92708
OPERATIONS COMMITTEE (714)593-7433
9orFCTNG THE ENV\Po�g,`2
Agenda Report
File #: 2020-1189 Agenda Date: 9/2/2020 Agenda Item No: 5.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
MANHOLE CCTV INSPECTION SERVICES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Award a Purchase Order Contract to Hoffman Southwest Corp., dba Professional Pipe
Services (Pro-Pipe), for Manhole CCTV Inspection Services, Specification No. S-2020-
115813D, for a total amount not to exceed $146,600 for the period beginning October 1, 2020
through September 31, 2021, with four optional one-year renewals; and
B. Approve an annual contingency of$14,660 (10%).
BACKGROUND
Manhole inspection and condition assessments are two of Orange County Sanitation District's
(Sanitation District) major preventive maintenance tasks in the approved Sewer System Management
Plan. The Sanitation District has committed to inspecting all manholes in the sewer system per
National Association of Sewer Service Companies (NASSCO) standards every five years. This data
is a critical tool for assessing the sewer system condition and preventing catastrophic manhole
failures. The Sanitation District also uses the CCTV data to optimize the repair priority of the most
degraded manhole structures, safeguarding public health.
RELEVANT STANDARDS
• Protect Orange County Sanitation District assets
• Commitment to safety & reducing risk in all operations
• Comply with environmental permit requirements
PROBLEM
The previous Manhole CCTV contract ended on April 30, 2020. Staff does not recommend
exercising the option to renew the contract with the current vendor. Without a new contract in place,
the Manhole CCTV assessments will not commence.
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File #: 2020-1189 Agenda Date: 9/2/2020 Agenda Item No: 5.
PROPOSED SOLUTION
Based on the results of the proposal evaluation, staff recommends awarding the Manhole CCTV
Contract to Hoffman Southwest Corp.
TIMING CONCERNS
A new contract for a service provider is needed to ensure assets are assessed as required in the
Sewer System Management Plan.
RAMIFICATIONS OF NOT TAKING ACTION
The Sanitation District will be out of compliance with the Sewer System Management Plan.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
On May 6, 2020, the Sanitation District issued a Request for Proposal (RFP) for Manhole CCTV
Sewer Inspection Services. The following evaluation criterions were described in the RFP and used
to determine the most qualified firm.
CRITERION WEIGHT
Qualifications of the Firm 15%
Staffing & Project Organization 10%
Work Plan 10%
Quality of Sample CCTV Inspection 30%
Cost 35%
The RFP closed on June 19, 2020. The Sanitation District received responses from four companies.
The RFP evaluation team of four Sanitation District staff included a Maintenance Manager, two
Engineers, and an Associate Engineer. This RFP used the individual scoring method. The
evaluation team reviewed and scored the proposals based upon the first four qualification-based
criterion listed above. A natural break point between the top two and bottom two firms was noted.
VENDOR QUALIFICATION STAFFING WORK SAMPLE SUBTOTAL
S PLAN QUALITY SCORE
Hoffman Southwest 14 26 9 9 58%
Corp.
Ayala Engineering 13 25 9 8 55%
Downstream Services, 9 23 6 5 43%
Inc.
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File #: 2020-1189 Agenda Date: 9/2/2020 Agenda Item No: 5.
National Plant 12 15 5 8 41%
Services, Inc.
The cost proposals from only the two highest ranked firms were opened and negotiated. The costs
were $146,600 for Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe), and
$349,900 for Ayala Engineering. The cost criterion served to widen the scoring advantage for
Hoffman Southwest Corp.
Below are the final rankings, including the cost component, for the two highest qualified vendors:
VENDOR SUBTOTAL COST TOTAL SCORE
SCORE
Hoffman Southwest Corp. 58 35 93%
Ayala Engineering 55 15 70%
Based on these results, staff recommends awarding the Purchase Order Contract to Hoffman
Southwest Corp., dba Professional Pipe Services (Pro-Pipe).
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted fiscal year 20-21. (Line item: 109, Section 6, Page 75). Project contingency
funds will be used to CCTV more manholes.
Date of Approval Contract Amount Contingency
09/02/2020 $146,600 $14,660 (10%)
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 #: 2020-1195 Agenda Date: 9/2/2020 Agenda Item No: 6.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PURCHASE SPARE INVENTORY PARTS FOR SCHWING CAKE PUMPS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Sole Source Purchase Order to Schwing Bioset for the purchase of spare inventory
parts for the Schwing Cake Pumps for the Truckloading and Thickening and Dewatering
facilities, for a total amount not to exceed $228,193, plus applicable sales tax and shipping;
and
B. Approve a contingency of $11,410 (5%).
BACKGROUND
The Orange County Sanitation District (Sanitation District) utilizes seven Schwing Cake Pumps to
transfer biosolids within its facilities. The Thickening and Dewatering facility at Plant No. 1 uses three
dewatering centrifuges that are critical to the solids handling process. Each of the three dewatering
centrifuges utilize a dedicated Schwing Cake Pump to transfer the dewatered cake to storage silos.
An additional dedicated Schwing Cake Pump is utilized to transfer cake from four individual storage
silos to the truckloading hopper.
RELEVANT STANDARDS
• 24/7/365 treatment plant reliability
• Maintain a proactive asset management program
• Operate and maintain facilities to minimize impact on surrounding communities, including
odor, noise, and lighting
PROBLEM
Operation of the Schwing Cake Pumps is critical to the solids removal process. As each of these
pumps are dedicated to either a centrifuge or storage silo, the loss of a pump means the loss of use
of a centrifuge or storage silo. Limitations to solids processing or storage may require solids storage
in digesters or primary basins which can present permit compliance risks.
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File #: 2020-1195 Agenda Date: 9/2/2020 Agenda Item No: 6.
Most of the spare parts requested come from Germany and/or have long lead times.
PROPOSED SOLUTION
Procure spare inventory parts for Schwing Cake Pumps to maintain asset availability and minimize
downtime.
TIMING CONCERNS
The seven Schwing Cake Pumps in both Truckloading and Thickening and Dewatering facilities are
extremely critical to the treatment process. Having spare parts available in the warehouse will greatly
reduce the downtime to our treatment process when repairs are required.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to maintain adequate spare parts in inventory could result in extended equipment downtime
which hampers solids processing capabilities.
ADDITIONAL INFORMATION
Schwing Bioset is a Board approved sole source vendor for Schwing Cake Pump replacement parts.
Schwing is the original equipment manufacturer and Schwing Bioset is the only authorized distributor
within our geographical region. A 5% contingency is requested in the event of pricing changes due to
tariffs, delays in placing the order beyond the quote availability, or other unforeseeable changes.
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 Plant No. 1
Maintenance Department (Budget Fiscal Year 2020-21, Section 6, Page 92). The available funding is
sufficient for this action.
Date of Approval Contract Amount Contingency
09/23/2020 $228,193 $11,410
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:iq:st:ab:gc
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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 #: 2020-1184 Agenda Date: 9/2/2020 Agenda Item No: 7.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
PLAN2020-00 ON-CALL PLANNING STUDIES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve annual Professional Services Agreements with AECOM Technical Services, Inc.;
Black & Veatch Corporation; Brown and Caldwell; GHD Inc.; HDR Engineering, Inc.; Hazen
and Sawyer; and Stantec Consulting Services Inc. for On-Call Planning Studies Master
Contract No. PLAN2020-00, for the term November 1, 2020 through October 31, 2021, with a
maximum annual fiscal year contract limitation not to exceed $600,000 for each Professional
Services Agreement; and
B. Approve two additional one-year optional extensions.
BACKGROUND
The Orange County Sanitation District (Sanitation District) Ordinance No. OCSD-52 (Purchasing
Ordinance) allows the Sanitation District to compile prequalified lists of firms for each professional
discipline required to support engineering projects. The Purchasing Ordinance also allows the
Professional Services Agreement to be extended for up to two additional one-year periods following
the original term of one year. The Purchasing Ordinance delegates authority to the General Manager
and Director of Engineering to solicit proposals for services to support engineering projects through
individual task orders up to $300,000.
RELEVANT STANDARDS
• 1, 5, 20-year planning horizons
• Maintain a proactive asset management program
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
The Engineering Planning Division is responsible for Capital Improvement Program planning and
often conducts planning studies to resolve complex engineering issues, including items frequently
identified through the Asset Management Program. The normal procurement process to obtain
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File #: 2020-1184 Agenda Date: 9/2/2020 Agenda Item No: 7.
professional engineering services is lengthy and requires significant administrative costs.
PROPOSED SOLUTION
Retain a prequalified list of firms to provide professional engineering services under the $300,000
threshold, in accordance with the Purchasing Ordinance. This will enable the Sanitation District to
expediently conduct these smaller studies with reduced staff costs.
TIMING CONCERNS
The current on-call planning studies agreements expire on October 31, 2020.
RAMIFICATIONS OF NOT TAKING ACTION
Without this prequalified pool of consultants for professional engineering services, the Sanitation
District would need to request proposals from all consultants registered in the Sanitation District's
purchasing database, which would take additional time and resources.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection
A Request for Qualifications for Plan 2020, Master Contract No. PLAN2020-00, was developed and
publicly advertised, and a notice was sent to multiple categories of firms registered in the Sanitation
District's purchasing database on May 11, 2020. The following evaluation criterion were described in
the Request for Qualifications and used to determine the most qualified Consultant.
CRITERION WEIGHT
Execution of Work 29%
Relevant Project Experience 34%
Team and Staff Qualifications 37%
17 Statements of Qualifications were received on June 22, 2020 and subsequently evaluated in
accordance with the evaluation process set forth in the Purchasing Ordinance by a preselected
Evaluation Team consisting of the following three Sanitation District staff: Information Technology
Supervisor and two Engineering Supervisors. The Evaluation Team also included one non-voting
representative from the Contracts Administration Division.
Each voting member of the Evaluation Team scored the Consultants using the evaluation criterion
above. The results of this rating process are shown in Table 1, below. Based on the evaluation
results, there was a clear natural break in the scores between the highest seven scoring firms and
the other firms. Therefore, the Evaluation Team did not deem it necessary to conduct interviews.
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File #: 2020-1184 Agenda Date: 9/2/2020 Agenda Item No: 7.
Table 1 below summarizes the final scores.
Table 1 - Consultant Firm Scoring
Firm Execution Relevant Team and Staff Total Score
of Work Project Qualifications (Max. 100
(Max. 29 Experience (Max. 37 Points) Points)
Points) (Max. 34
Points)
Black & Veatch Corporation 27 29 30 86
Brown and Caldwell 25 29 28 82
Hazen and Sawyer 19 28 31 78
HDR Engineering, Inc. 21 29 26 76
AECOM Technical Services, Inc. 20 27 28 75
GHD Inc. 21 24 26 71
Stantec Consulting Services Inc. 19 26 23 68
ARCADIS US. Inc. 18 22 23 63
Woodard & Curran 17 20 20 57
DUDEK 16 19 17 52
Wood Environment & Infrastructure 17 17 17 51
Solutions, Inc.
Greeley and Hansen 10 11 19 40
Black Water Consulting Engineers, 9 15 11 35
Inc.
Atkins North America, Inc. 10 11 11 32
Biogas Engineering Inc. 6 7 10 23
Over J Inc. 5 5 6 16
Spatial Wave 3 2 2 7
The Evaluation Team recommends awarding contracts to the seven highest-scoring firms: AECOM
Technical Services, Inc.; Black & Veatch Corporation; Brown and Caldwell; GHD Inc.; HDR
Engineering, Inc.; Hazen and Sawyer; and Stantec Consulting Services Inc. The selected firms
demonstrated the most relevant experience with collection systems and wastewater treatment
facilities related to the planning and development of engineering projects, the most qualified staff,
and the ability to successfully execute work.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. Budget for these task
orders is included in the Master Planning Studies Program (M-Studies) budget for Fiscal Years 2020-21 and 2021-22
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File #: 2020-1184 Agenda Date: 9/2/2020 Agenda Item No: 7.
budget, Section 8, Page 52.
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
• Draft Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT
This AGREEMENT is made and entered into, to be effective this 1 st day of November,
2020by and between:
ORANGE COUNTY SANITATION DISTRICT
hereinafter referred to as "SANITATION DISTRICT"
AND
hereinafter referred to as "CONSULTANT"
RECITALS
WHEREAS, pursuant to a Request for Qualifications ("Underlying RFQ") the Board of
Directors of the SANITATION DISTRICT in accordance with the current Ordinance, by action on
, 2020 approved the award of a Professional Services Agreement ("AGREEMENT")
for CONTRACT NO. PLAN2020-00, On Call Planning Studies to CONSULTANT to provide
services for selected projects on a Task Order basis, from November 1, 2020 to October 31,
2021 ; and
WHEREAS, CONSULTANT is qualified to provide the necessary services in connection
with these requirements and has agreed to provide the necessary planning services; and,
WHEREAS, the parties intend by this AGREEMENT to set forth the general terms and
conditions that will apply to any specific project for which CONSULTANT is given a Task Order
by the SANITATION DISTRICT.
NOW, THEREFORE, the SANITATION DISTRICT and the CONSULTANT mutually
agree as follows:
SECTION 1. SCOPE OF AGREEMENT
The SANITATION DISTRICT, at its sole discretion, may, from time to time during the term of
this AGREEMENT, issue a Request for Task Order Proposal ("RFTOP") setting forth a
detailed Scope of Work, to be performed on the identified project, and thereafter, upon
receipt of a Proposal from the CONSULTANT, may issue a directive Task Order to proceed
with the work. The Underlying RFTOP, including the CONSULTANT's Proposal, the Task
Order, and all other attachments listed below shall be incorporated by reference and become
an operative part of this Agreement, upon execution by the SANITATION DISTRICT as
though fully set forth at length herein:
• Executed Task Order inclusive of its Scope of Work;
• The RFTOP, inclusive of the CONSULTANT's Proposal;
• Attachment "A" Scope of Work
• Attachment "D" Allowable Direct Costs
• Attachment "K" Hourly Labor Rate Schedule
• Attachment "L" OCSD Safety Standards
PROFESSIONAL SERVICES AGREEMENT PLAN2020-00
ON CALL PLANNING STUDIES
Page 1 of 17
Should any conflict or inconsistency exist in the contract documents identified in this Section,
the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority:
• The terms of this AGREEMENT and any amendments thereto;
• The provisions of any executed Task Order;
• The provisions of the RFTOP;
• Attachment "D" Allowable Direct Costs;
• Attachment "K" Hourly Labor Rate Schedule;
• Attachment "L" OCSD Safety Standards;
• Attachment "A" Scope of Work"
SECTION 2. TASK ORDER ISSUANCE BY SANITATION DISTRICT
The directive Task Order issued by the SANITATION DISTRICT, shall specifically, or by
reference to the RFTOP and corresponding Proposal, set forth the specific detailed terms of
this AGREEMENT that are to apply to the specific project for which the services will be
rendered. Those terms, shall include, but not be limited to, scope, time for performance and
compensation.
SECTION 3. TERM
This AGREEMENT shall commence on the effective date of this AGREEMENT, and
terminate on October 31, 2021 unless further extended by written agreement by the
SANITATION DISTRICT and CONSULTANT. Any work that is required by a Task Order and
is not finished by the date of termination shall be continued and completed by the
CONSULTANT, and the terms and conditions of this AGREEMENT shall continue in effect for
that time. The SANITATION DISTRICT has the option to renew this AGREEMENT twice,
each with a one year term, for a maximim contract duration of three (3) years total.
SECTION 4. COMPENSATION
The total compensation, payable to the CONSULTANT pursuant to this AGREEMENT, shall
not exceed six hundred thousand dollars ($600,000) per year in accordance with the term
described in Section 3 - TERM. The compensation includes, but is not limited to, fees for
professional services (based on individual burdened labor rates and Subconsultant fees),
overhead, and profit. The specific amount of compensation payable to the CONSULTANT for
services rendered on an individual project, pursuant to a directive Task Order, shall be
established for each Task Order and shall not exceed three hundred thousand dollars
($300,000) per individual Task Order unless authorized by the SANITATION DISTRICT's
Board of Directors. CONSULTANT agrees and acknowledges that the execution of this
AGREEMENT does not in any way guarantee that a Task Order will be issued to
CONSULTANT. Moreover, execution of this AGREEMENT shall not entitle CONSULTANT to
any form of payment or compensation from the SANITATION DISTRICT without the
SANITATION DISTRICT first having issued a written Task Order.
A. Task Order Pricing
The subsections below describe the cost elements to be used in developing the price of
the written Task Orders.
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1) Hourly Labor Rate Schedule
The services by the CONSULTANT, pursuant to each project Task Order, shall be billed
to the SANITATION DISTRICT at the hourly rate ranges for each class of employee to
be used, set forth in an Attachment "K" — Hourly Labor Rate Schedule, to be provided
by the SANITATION DISTRICT prior to award of Agreement and incorporated herein.
Hourly Labor Rates shall consist of the:
Burdened Salary Rate consisting of the hourly salary rate, plus benefits for each
employee or labor category specified in Attachment "K" paid by CONSULTANT and
its Subconsultants to their employees.
Direct Salary rates for CONSULTANT and its Subconsultants may be adjusted
annually on January 1 by mutual agreement of the Parties. Escalation of the salary
rate will be in accordance with CPI of LA-Orange County Index. This rate is
determined by the U.S. Department of Labor Statistics, Consumer Price Index— Los
Angeles/ Orange County Metropolitan Area.
Burden rates for CONSULTANT and its Subconsultants shall remain fixed through the
term of this AGREEMENT, inclusive of renewals identified in Section 3 - TERM.
Overhead Rate consisting of a verified or negotiated percentage specified in
Attachment "K" and applied to the Burdened Salary Rate for CONSULTANT and its
Subconsultants. The Overhead Rates of CONSULTANT and its Subconsultants shall
remain fixed through the term of this AGREEMENT inclusive of any renewals
identified in Section 3 - TERM.
Profit, expressed as a percentage, shall be applied to each Burdened Salary Rate
and applied Overhead Rate. Profit shall be included in the Hourly Labor Rates
specified in Attachment 'W'. Profit shall remain fixed through the term of this
AGREEMENT, inclusive of any renewals identified in Section 3 - TERM.
2) Direct Costs
The SANITATION DISTRICT shall reimburse CONSULTANT and Subconsultants the
actual costs of permits and associated fees, travel, licenses, and other services in
accordance with Attachment "D"—Allowable Direct Costs, as may be specified in
each Task Order proposal. The SANITATION DISTRICT shall not pay markup on
such Direct Costs, Equipment rentals, leases, purchases and other direct costs not
agreed to and specified in the Task Order proposal may only be reimbursed by the
SANITATION DISTRICT with its prior written approval.
The SANITATION DISTRICT will reimburse the CONSULTANT for reasonable travel
and business expenses as described in this Section and further described in
Attachment "D" —Allowable Direct Costs to this AGREEMENT. The reimbursement of
the above mentioned expenses will be based on an "accountable plan" as considered
by the Internal Revenue Service (IRS). The plan includes a combination of
reimbursements based upon receipts and a "per diem" component approved by the
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/104711#.
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The CONSULTANT shall be responsible for the most economical and practical means
of management of reimbursable costs. The SANITATION DISTRICT shall apply the
most economic and practical method of reimbursement which may include
reimbursements based upon receipts and/or"per diem". CONSULTANT shall return
to the SANITATION DISTRICT any excess reimbursements.
Travel and travel arrangements—Any travel involving airfare, overnight stays or
multiple day attendance must be approved by the SANITATION DISTRICT in writing,
at least fifteen (15) days 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 a 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 the 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.
All incidental expenses shall be included in the Overhead Rate pursuant to
Subsection A.1) Hourly Labor Rate Schedule above.
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.
3) 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 "D" —
Allowable Direct Costs for payment information.
4) Limitation of Costs
If, at any time, CONSULTANT estimates the cost of performing the services
described in CONSULTANT's Task Order Proposal will exceed seventy-five percent
(75%) of the not-to- exceed amount of the Task Order, including any approved
additional compensation, CONSULTANT shall notify the SANITATION DISTRICT
immediately, and in writing. This written notice shall indicate the additional amount
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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 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 of a Task Order is a material breach of
this AGREEMENT.
B. Additional Work:
For extra work not a part of this AGREEMENT, written authorization from the SANITATION
DISTRICT is required prior to the CONSULTANT undertaking any extra work.
C. Method of Payment:
The CONSULTANT shall submit for approval by the SANITATION DISTRICT, monthly
invoices based on the total services which have been satisfactorily completed and
specifying a percentage of completion. The CONSULTANT's billings shall be certified for
payment by the SANITATION DISTRICT only after the SANITATION DISTRICT has
determined that the CONSULTANT has completed each applicable project task.
CONSULTANT shall submit separate invoices for each Task Order on a monthly basis.
CONSULTANT understands that submitted costs are subject to Section 11 -AUDIT
PROVISIONS.
D. Task Order Completion
Upon satisfactory completion of the work performed under each Task Order, and prior to
final payment under each Task Order 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.
E. False Claims
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 $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
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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.
F. California Department of Industrial Relations (DIR) Registration and Record of Wages:
To the extent the CONSULTANT's employees and/or Subconsultants who will perform work
during the design and preconstruction phases of a construction contract for which
Prevailing Wage Determinations have been issued by the DIR and as more specifically
defined under Labor Code Section 1720 et seq, CONSULTANT and Subconsultants shall
comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor
Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the
DIR.
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 Section1776 may be deducted from progress
payments per Section 1776.
Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish
a copy of all certified payroll records to the SANITATION DISTRICT and/or general public
upon request, provided the public request is made through the SANITATION DISTRICT,
the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of
the DIR.
The CONSULTANT and Subconsultants shall comply with the job site notices posting
requirements established by the Labor Commissioner per Title 8, California Code of
Regulations Section 16461(e).
G. Record of Expenses:
The CONSULTANT shall keep complete and accurate records of all costs and expenses
incidental to services covered by this AGREEMENT. These records will be made available
to the SANITATION DISTRICT upon request.
H. 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 payable under
the Task Order, provided that the total compensation for the Task Order is not increased.
SECTION 5. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT
The CONSULTANT shall not contract with any other person or entity to perform the services
required without the written approval of the SANITATION DISTRICT. This AGREEMENT may
not be assigned voluntarily, or by operation of law, without the prior written approval of the
SANITATION DISTRICT. If the CONSULTANT is permitted to subcontract any part of this
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AGREEMENT by the SANITATION DISTRICT, the CONSULTANT shall be responsible to the
SANITATION DISTRICT for the acts and omissions of its subcontractor, as it is for persons
directly employed. Nothing contained in this AGREEMENT shall create any contractual
relationship between any subcontractor and the SANITATION DISTRICT. All persons
engaged in the work will be considered employees of the CONSULTANT. The SANITATION
DISTRICT will deal directly with and will make all payments to the CONSULTANT.
SECTION 6. CHANGES TO SCOPE OF WORK
In the event of a change in the Scope of Work as requested by the SANITATION DISTRICT,
the parties hereto shall execute an amendment to the Task Order, setting forth with
particularity, all new terms of the Task Order, including but not limited to, any additional
compensation.
SECTION 7. DOCUMENT OWNERSHIP — CONSULTANT PERFORMANCE
A. All documents in all forms (electronic, paper, etc.), including, but not limited to, studies,
sketches, drawings, computer printouts, disk files, and electronic copies prepared in
connection with or related to the Scope of Work or Professional Services, shall be the
property of 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 study or deliverable where the subsequent changes or uses are not
authorized or approved by CONSULTANT, provided that the service rendered by
CONSULTANT was not a proximate cause of the damage.
C. Copies of Work Product
Upon completion of the work required for each Task Order, the CONSULTANT shall
deliver to the SANITATION DISTRICT the number of copies specified in the specific Task
Order Scope of Work of the final report containing the CONSULTANT's findings,
conclusions, recommendations, and all supporting documentation and/or final design
drawings and specifications. Each Task Order will define the requirements for the
deliverables.
SECTION 8. INSURANCE
A. General:
i. Insurance shall be issued and underwritten by insurance companies acceptable to the
SANITATION DISTRICT.
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ii. Insurers must have an "A-" Policyholder's Rating, or better, and Financial Rating of at
least Class V111, 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: One Million Dollars ($1,000,000)
per occurrence with Two Million Dollars ($2,000,000) aggregate unless aggregate applies
separately to this project (via use of ISO CG 25 03 or 25 04), then aggregate limit = One
Million Dollars $1,000,000 (i,e,; '/2 the general aggregate. Said insurance shall include
coverage for the following hazards: Premises-Operations, blanket contractual liability (for
this AGREEMENT), products liability/completed operations (including any product
manufactured or assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile equipment, owners
and contractors protective liability, and cross liability and severability of interest clauses. A
statement on an insurance certificate will not be accepted in lieu of the actual additional
insured endorsement(s). If requested by 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.
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 One Million Dollars ($1,000,000) or alternatively, Five Hundred Thousand Dollars
($500,000) per person for bodily injury and One Million Dollars ($1,000,000) per accident
for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property
damage. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement.
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E. Drone Liability Insurance:
If a drone will be used, drone liability insurance must be maintained by CONSULTANT in
the amount of One Million Dollars ($1,000,000) in a form acceptable by 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 Two Million Dollars ($2,000,000) with
limits in accordance with the provisions of this Paragraph. If the policy of insurance is
written on a "claims made" basis, said policy shall be continued in full force and effect at all
times during the term of this AGREEMENT, and for a period of five (5) years from the date
of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain
continuing insurance coverage for the prior acts or omissions of CONSULTANT during the
course of performing services under the term of this AGREEMENT. Said coverage shall be
evidenced by either a new policy evidencing no gap in coverage or by separate extended
"tail" coverage with the present or new carrier.
In the event the present policy of insurance is written on an "per 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.
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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
(Auto Liability) the SANITATION DISTRICT approval.
• Waiver of Subrogation State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
• Cancellation Notice State Compensation Insurance Fund
Endorsement No. 2570 or equivalent
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.
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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.
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.
SECTION 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 under this AGREEMENT by
CONSULTANT. CONSULTANT shall include a description of the work and services to be
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done by each Subconsultant and each of CONSULTANT's Project team member.
CONSULTANT shall include the respective compensation amounts for CONSULTANT and
each Subconsultant, broken down as indicated in Section 4 - COMPENSATION.
There shall be no substitution of the listed Subconsultants and CONSULTANT's project team
members without prior written approval by the SANITATION DISTRICT.
SECTION 10. ENGINEERING REGISTRATION
The CONSULTANT's personnel and Subconsultants are comprised of registered engineers
and a staff of specialists and draftsmen in each department. The firm itself is not a registered
engineer but represents and agrees that wherever in the performance of this AGREEMENT,
requires the services of a registered engineer, such services hereunder will be performed
under the direct supervision of registered engineers who are registered in California.
SECTION 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.
SECTION 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 transform CONSULTANT, its staff, independent
contractors, or Subconsultants , agents or employees of the SANITATION DISTRICT and
shall obtain no rights to any benefits which accrue to the SANITATION DISTRICT's
employees. CONSULTANT'S staff performing services under the AGREEMENT shall at all
times be employees and/or independent contractors of CONSULTANT. CONSULTANT shall
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monitor and control its staff and pay wages, salaries, and other amounts due directly to its
staff in connection with the AGREEMENT. CONSULTANT shall be responsible for hiring,
review, and termination of its staff and shall be accountable for all reports and obligations
respecting them, such as social security, income tax withholding, unemployment
compensation, workers' compensation and similar matters.
SECTION 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.
Notice shall be mailed to the SANITATION DISTRICT at:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, CA 92708-7018
Attention: Clarice Marcin, Senior Contracts Administrator
Copy: Adam Nazaroff, Engineering Supervisor
Notice shall be mailed to CONSULTANT at:
«CONSULATANT 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 staff must be approved in writing by the
SANITATION DISTRICT's Project Manager prior to action from the CONSULTANT.
SECTION 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 at the address listed in
Section 13 - NOTICES.
SECTION 15. COMPLIANCE
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
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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.
The CONSULTANT shall comply with all applicable laws, ordinances, codes, and regulations
of federal, state and local government in all aspects related to this Agreement and any work
completed for the SANITATION DISTRICT.
SECTION 16. 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 this AGREEMENT for that Party.
SECTION 17. 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.
SECTION 18. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution (ADR) is necessary to enforce or interpret the terms of this AGREEMENT, the
prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which he may be entitled.
SECTION 19. 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).
SECTION 20. 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 the 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, attorney's
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, pertain to, or relate directly or
indirectly to any work performed, or any operations, activities, or services provided by
CONSULTANT in carrying out its obligations under this AGREEMENT to the extent of the
negligent, recklessness and/or willful misconduct of CONSULTANT, its principals, officers,
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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.
SECTION 21. 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.
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SECTION 22. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall be required to comply with all SANITATION DISTRICT policies and
procedures including the OCSD Safety Standards, Attachment "L" as applicable, all of which
may be amended from time to time.
SECTION 23. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of
California and the Parties submit to jurisdiction in Orange County, in the event any action is
brought in connection with this Agreement or the performance thereof.
SECTION 24. TIME OF ESSENCE
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. CONFLICT OF INTEREST
The CONSULTANT covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance
of the services contemplated by this AGREEMENT. No person having such interest shall be
employed by or associated with the CONSULTANT.
SECTION 26. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire understanding and agreement between the parties
and supersedes all previous negotiations between them pertaining to the subject matter
thereof.
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IN WITNESS WHEREOF, this AGREEMENT has been executed in the name of the
SANITATION DISTRICT by its officers thereunto duly authorized, and by the 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
Chair, Board of Directors Date
By
Kelly Lore Date
Clerk of the Board
By
Ruth Zintzun Date
Purchasing and Contracts Manager
Attachments: Attachment "A" Scope of Work
Attachment "B" Not Used
Attachment "C" Not Attached
Attachment "D" Allowable Direct Costs
Attachment "E" Not Used
Attachment "F" Not Attached
Attachment "G" Not Attached
Attachment "H" Proposed Staff Roles
Attachment "I" Not Used
Attachment "J" Not Attached
Attachment "K" Hourly Labor Rate Schedule
Attachment "L" — OCSD Safety Standards
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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 #: 2020-1211 Agenda Date: 9/2/2020 Agenda Item No: 8.
FROM: James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
DIGESTER CLEANING AND DISPOSAL CONTRACT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract for Digester Cleaning and Disposal with American Process Group,
Inc., per Specification No. S-2020-116513D, for a total amount not to exceed $4,636,674 per
year, for the period of November 1, 2020 through October 31, 2025, with four optional one-
year renewals; and
B. Approve an annual contingency of$463,667 (10%).
BACKGROUND
Digesters stabilize organic solids from primary and secondary treatment processes and produce
biosolids and digester gas to fuel the Orange County Sanitation District's (Sanitation District) Central
Generation facilities. The Sanitation District periodically cleans the digesters to remove undigestible
materials that build up over time. This material can build-up and limit process capacity and inhibit the
digester's performance. After cleaning, the Sanitation District assesses the structural and
mechanical conditions inside of the digesters. More frequent minor repairs inside the digesters
prevent larger scale, more costly damage.
RELEVANT STANDARDS
• Maintain a proactive asset management program
• Safe, beneficial reuse of Biosolids
• Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
Without periodic digester cleaning to remove undigestible materials, the digester's process capacity
and performance are compromised. Additionally, it is necessary to clean the Sanitation District's
holding digesters more frequently to protect the newly installed centrifuges from damaging debris
which can accumulate and pass through. Finally, the Sanitation District will not have the opportunity
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to properly assess the structural and mechanical conditions inside the digesters.
PROPOSED SOLUTION
Staff recommends American Process Group, Inc. (APG) be awarded the Digester Cleaning and
Disposal Service Contract. This action will support the Sanitation District's Asset Management Plan
and maintain necessary solids processing capacity.
TIMING CONCERNS
Timely approval of the Service Contract will enable staff to stay on track with the cleaning schedule
and maximize available digester capacity for solids treatment.
RAMIFICATIONS OF NOT TAKING ACTION
Inability to perform routine digester cleaning to remove materials that build up over time limits
process capacity. Lack of cleaning also limits the ability to assess the structural and mechanical
conditions of the digesters after cleaning. Finally, the centrifuges at each Plant are at risk of damage
if debris is not removed from the holding digesters on a regular basis.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The previous Digester Cleaning Service Contract was terminated due to a commercial disagreement.
The former service provider claimed a higher cost and changed conditions due to a new co-
thickening treatment process that introduced polymerized sludge into the digestion process at Plant
No. 1. The vendor claimed this changed condition required a different method to clean and dewater
the digesters. The Sanitation District decided to seek new proposals to address this situation rather
than negotiate a change.
A new Request for Proposal was issued on June 5, 2020 via PlanetBids. Two proposals were
received by the Sanitation District and are listed below.
Individual scoring was the chosen method of evaluation for this procurement. Staff performed an
independent review of the proposals and ranked the proposals in accordance with the Sanitation
District Purchasing Policies and Procedures and evaluated the proposals based on the following
criterion:
CRITERION WEIGHT
Qualifications & Experience of Firm 15%
Proposed Staffing & Project Organization 15%
Work Plan 30%
Interview 10%
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Cost 30%
The two proposals were received and evaluated, and both proposers were interviewed. The
evaluation team ranked the firms based on both the proposals and interviews using the evaluation
criterion and weighting listed above. All proposals were accompanied by a sealed cost proposal.
Below are the evaluation results for the two proposals received:
Rank Proposer Criterion Criterion Criterion Interview Cost Total
1 2 3 Weighted
Score
1 APG 14% 14% 27% 9% 30% 94%
2 jSynagro j12% 11% j21% 5% 27% 76%
Proposals Total Cost
Synagro-WWT, Inc. $5,139,280.00
American Process Group, Inc. $4,636,673.51
The cost proposals received are based upon a unit cost per dry ton, unit cost per gallons of material
removed and disposed, and equipment mobilization and demobilization costs.
Staff recommends awarding the Service Contract to the highest-ranking proposer, American Process
Group, Inc. The term of this Service Contract will begin November 1, 2020 through October 31, 2025
with four optional one-year renewals.
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 Plant Nos. 1 and 2
Maintenance Department (Budget Fiscal Year 2020-21, Section 6, Pages 92 and 96). The available
funding is sufficient for this action.
Date of Approval Contract Amount Contingency
09/23/2020 $4,636,674 $463,667 (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:MP:ab
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SERVICE CONTRACT
Digester Cleaning Services
Specification No. S-2020-1165BD
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 [ 1 with a
principal place of business at [ 1 (hereinafter referred to as "Contractor")
collectively referred to as the "Parties".
WITNESSETH
WHEREAS, OCSD desires to temporarily retain the services of Contractor for Digester Cleaning
Services, "Services"; and
WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No.
OCSD-52; and
WHEREAS, on F 1, 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
Exhibit "B" Proposal
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-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.
1.4 The provisions of this Contract may be amended or waived only by a writing executed by
authorized representatives of both Parties hereto.
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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 to exceed [ 1 Dollars
($1 1.00) per Contract year, for a total amount not to exceed [ 1
Dollars ($[ 1.00) for the Contract Term.
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).
4. Payments and Invoicin_g
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 Services completed as described
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in Exhibit "A". Unit prices shall not exceed those stated in Exhibit "B". OCSD, at its sole
discretion, shall be the determining party as to whether the Services have been satisfactorily
completed.
4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at
APStaff()-OCSD.com and "INVOICE" with the Purchase Order Number and S-2020-
1165BD 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 for the period of five (5)
years, commencing on November 1, 2020 and continuing through October 31, 2025.
9. Renewals
9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods,
under the terms and conditions contained herein. OCSD shall make no obligation to renew
nor give reason if it elects not to renew.
9.2 This Contract may be renewed by OCSD Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed
by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination
12.1 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.
12.2 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.
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12.3 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.
12.4 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.
13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the
life of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Acknowledgement of Insurance Requirements
(attached hereto and incorporated herein as Exhibit "C"). Contractor shall not commence
work under this Contract until all required insurance is obtained in a form acceptable to
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.
14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility
for damages to property and/or injuries to persons, including accidental death, which may
arise out of or be caused by Contractor's services under this Contract, or by its
subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether
such damage or injury shall accrue or be discovered before or after the termination of the
Contract. Except as to the sole active negligence of or willful misconduct of 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.
15. OCSD Safety Standards and Human Resources (HR) Policies 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
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Equipment(PPE), Safety SOP-604 Confined Space, Safety SOP-605 Control of Hazardous
Energy (LOTO), Safety SOP-626 Fall Protection, and the Human Resources Policies in
Exhibit "E".
16. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply:
16.1 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.
16.2 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.
17. 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.
18. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation,
transportation scheduling, packing, handling, insurance, and other services associated with
delivery of all products deemed necessary under this Contract.
19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has
investigated the work to be performed, 2) it has reviewed the digesters' cleaning history
provided by OCSD 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.
20. Re_qulatory Requirements Contractor shall perform all work under this Contract in strict
conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and
California Water Codes Division 2.
21. Environmental Compliance Contractor shall, at its own cost and expense, comply with all
Federal, State, and local environmental laws, regulations, and policies which apply to the
Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations.
22. Licenses, Permits, Ordinances and Regulation s 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.
23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal,
State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold
harmless from any and all damages and liabilities assessed against OCSD as a result of
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Contractor's noncompliance therewith. Any permission required by law to be included
herein shall be deemed included as a part of this Contract whether or not specifically
referenced.
24. Contractor's Employees Compensation
24.1 Davis-Bacon Act— Not Used.
24.2 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.
24.3 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.
24.4 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.
24.5 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.
24.6 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
Orange County Sanitation District 6 of 10 Specification No. S-2020-1165BD
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for non-compliance with the requirements of Section 1776 may be deducted from project
payments per the requirements of Section 1776.
25. 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.
26. Governing Law This Contract shall be governed by and interpreted under the laws of the
State of California and the Parties submit to jurisdiction in the County of Orange, in the event
any action is brought in connection with this Contract or the performance thereof.
27. 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.
28. 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.
29. Dispute Resolution
29.1 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.
29.2 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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30. 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.
31. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and
Forum for Enforcement, shall survive termination or expiration of this Contract.
32. Severability If any section, subsection, or provision of this Contract, or any agreement or
instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section,
subsection or provision to persons or circumstances other than those to which it is held
invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties.
33. Dama_ge 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.
34. Disclosure Contractor agrees not to disclose, to any third party, data or information
generated from this project without the prior written consent from OCSD.
35. 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.
36. 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.
37. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits
to anyone other than OCSD and Contractor.
38. 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.
39. Read and Understood By signing this Contract, Contractor represents that he has read
and understood the terms and conditions of the Contract.
40. 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.
41. 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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42. 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: Jackie Lagade, Principal Buyer
Orange County Sanitation District
10844 Ellis Avenue
Fountain Valley, CA 92708
Contractor: [Contact Name]
[Contact Title]
[Company Name]
[Street Address]
[City, State, Zip Code]
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
[COMPANY]
Dated: By:
Print Name and Title of Officer
Orange County Sanitation District 9 of 10 Specification No. S-2020-1165BD
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IRS Employer's I.D. Number
Orange County Sanitation District 10 of 10 Specification No. S-2020-1165BD
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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 #: 2020-1009 Agenda Date: 9/2/2020 Agenda Item No: 9.
FROM: James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Approve a contingency increase of $1,784,250 (25%) to the Professional Design Services Agreement
with Arcadis U.S., Inc. for Bay Bridge Pump Station Replacement, Project No. 5-67, for a total
contingency of $2,497,950 (35%).
BACKGROUND
The Bay Bridge Pump Station and associated force mains were constructed in 1966 on Pacific Coast
Highway just east of the Newport Back Bay Channel. The two force mains cross the channel and
connect to the existing Newport force main network. The capacity is approximately 18 million gallons
per day, which handles over half of Newport Beach's wastewater.
The pump station is space limited and bounded on three sides by a proposed three-story, mixed-use
development, and bounded on the south side by Pacific Coast Highway. Part of the existing site was
lost when Pacific Coast Highway was rerouted in the late 1980s to accommodate a new Bay Bridge.
Additional real estate is required to replace the pump station to meet current safety and
environmental requirements which includes improved odor treatment systems.
RELEVANT STANDARDS
• Achieve less than 2.1 sewer spills per 100 miles
• Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
• Ensure the public's money is wisely spent
PROBLEM
The pump station is over 50 years old and is at the end of its useful life. The Orange County
Sanitation District (Sanitation District) began planning efforts for its replacement in 2014 with a long
series of discussions, negotiations, and changes in how the adjacent property would be developed.
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File #: 2020-1009 Agenda Date: 9/2/2020 Agenda Item No: 9.
In 2017 with the cooperation of the adjacent property owner, the Sanitation District completed a Siting
Study and draft Environmental Impact Report (EIR) for a project at the northeast corner of the
adjacent property, with the Sanitation District transferring the existing site to Back Bay Landing when
the new pump station was completed. This arrangement offered some key advantages but required
the Sanitation District to proceed with design to support the property acquisition negotiations and
CEQA activities. In October 2017, the Sanitation District awarded a Professional Design Services
Agreement to Arcadis U.S.
In March 2018, property negotiations with the adjacent property owner reached an impasse and
design efforts for the new pump station were put on hold. The impasse was related to the required
Pump Station footprint and the easements required to support force main tunneling through the site
and across the bay north of the bridge. It was mutually agreed with the neighboring property owner
to look at expanding the existing site. Property acquisition negotiations have resumed and are
continuing.
Since the project was put on hold, the costs to complete the design have increased significantly.
Those costs include CEQA activities, technical support for property negotiations, labor escalation
costs, design efforts that need to be redone for the new site, and other design-related changes. As a
result, the Board awarded contingency for the design agreement is not sufficient to complete the
work.
PROPOSED SOLUTION
Approve a contingency increase to the Professional Design Services Agreement of $1,784,250 (25%)
for a total contingency of $2,497,950 (35%). This increase will cover the additional costs to complete
the work and provide an allowance for additional design-related risks. The existing project budget is
sufficient to cover the requested increase in contingency therefore no increase to the project budget
is required.
TIMING CONCERNS
Given the long lead time required to complete design, obtain regulatory approval, and the poor
condition of the existing pump station, staff believes that risks of delaying design further are greater
than the risk of another impasse in real estate negotiations. Additional contingency funds for
engineering services are required to resume preliminary and final design, finalize property purchase
agreements, and prevent further design delays to the project.
RAMIFICATIONS OF NOT TAKING ACTION
The Professional Design Services Agreement "not to exceed" fee will not be sufficient to complete the
design of the project.
PRIOR COMMITTEE/BOARD ACTIONS
October 2017 - Approved a Professional Design Services Agreement with Arcadis US Inc. to provide
engineering design services for the Bay Bridge Pump Station and Force Main Replacement, Project
No. 5-67, for an amount not to exceed $7,137,000, and approved a contingency of$713,700 (10%).
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File #: 2020-1009 Agenda Date: 9/2/2020 Agenda Item No: 9.
ADDITIONAL INFORMATION
The requested contingency increase is needed for additional efforts to design the new pump station
at the new proposed site location, analyze a dredging option across the Back Bay Channel and new
force mains alignment to the South of the Pacific Coast Highway bridge, support property negotiation
efforts, complete two additional rounds of EIR analysis and recirculation, and account for escalation
of labor costs over nearly three years.
CEQA
This project will comply with the CEQA requirement by completing an EIR. The Draft Recirculated
EIR was circulated on August 7, 2020 with the public review period ending on September 21, 2020.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance. This
item has been budgeted, (FY 2020-2021 and 2021-2020, Section 8 Page 28), and the project budget
is sufficient for the recommended action.
Date of Approval Contract Amount Contingency
10/25/2017 $7,137,000 $ 713,700 (10%)
09/23/2020 $1,784,250 (25%)
ATTACHMENT
The following attachment(s) may be viewed on-line at the OCSD website (www.ocsd.com) with the complete agenda
package:
N/A
TL:dm: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 #: 2020-1208 Agenda Date: 9/2/2020 Agenda Item No: 10.
FROM: James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
COVID-19 SEWAGE SURVEILLANCE PROJECT UPDATE
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Sewage Surveillance, also known as Wastewater-Based Epidemiology, is the study of community-
level infection prevalence through measuring the concentration of the pathogen either directly or
indirectly (i.e., using biomarkers) in the pooled community sewage samples.
Under certain circumstances, sewage surveillance can be used to gather crucial information on the
occurrence, intensity, distribution, and duration of an outbreak. The Centers for Disease Control and
Prevention (CDC) considers it to be a part of the public health toolbox, since it has the potential to
capture subclinical infections, can be implemented independent of healthcare-seeking behavior and
testing access, and the data can be made available within days of shedding onset compared to the
up to two-week lag for other surveillance data.
According to the CDC, while sewage surveillance cannot and is not intended to replace clinical
surveillance, it can complement case- and symptom-based surveillance in the community where a
significant portion of the population is connected to sewers. It could be especially helpful where
testing data are not readily available, assist with monitoring high-risk facilities (e.g., prisons and
nursing homes) through sub-sewershed level sampling, and provide infection information during sub-
clinical phases. To date, sewage surveillance has been successfully utilized for population-level
infectious disease surveillance for polio and hepatitis. However, a standardized method for detecting
and measuring SARS-CoV-2, the virus responsible for causing COVID-19, does not currently exist.
Multiple research efforts are underway to develop valid analytical methods and to examine the
potential application of sewage surveillance. The Orange County Sanitation District (Sanitation
District) became a part of these efforts shortly following the World Health Organization declaration of
a COVID-19 pandemic, and we are actively collaborating with industry and academic partners to
understand the available technologies, analytical protocols, costs, and usefulness of sewage
surveillance data.
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File #: 2020-1208 Agenda Date: 9/2/2020 Agenda Item No: 10.
Specifically, the Sanitation District has been providing samples to the California State Water
Resource Control Board's Direct Potable Reuse Pathogen Removal Study ("DPR-2"), Stanford
University's SCAN: Sewer Coronavirus Alert Network, and the University of Arizona's Water and
Energy Sustainable Technology Center to safeguard employee safety and support development of
reliable methods for detecting and quantifying SARS-CoV-2.
Staff will present an update on the status of the Sanitation District's sewage surveillance efforts to
date with some preliminary data.
Currently, the United States Environmental Protection Agency is overseeing the development of a
standardized analytical methods to detect and quantify SARS-CoV-2, the virus responsible for
causing COVID-19, in wastewater. To coordinate the collection, validation, and dissemination of
sewage surveillance information, the CDC established the National Wastewater Surveillance System
in mid-August to collect and manage the analytical data. The Sanitation District has volunteered to
be a part of these efforts.
In the interim, most of the currently publicized sewage surveillance data are highly variable and
should be considered preliminary in nature.
RELEVANT STANDARDS
• Maintain collaborative and cooperative relationships with regulators, stakeholders, and
neighboring communities
• Make it easy for people to understand OCSD's roles and value to the community
• Commitment to safety & reducing risk in all operations
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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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.