HomeMy WebLinkAbout02-03-2021 Operations Committee Meeting Complete Agenda Packet
ORANGE COUNTY SANITATION DISTRICT
SPECIAL NOTICE REGARDING CORONAVIRUS (COVID-19) AND ATTENDANCE AT PUBLIC MEETINGS
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as
a result of the threat of COVID-19. On March 12, 2020 and March 18, 2020, Governor Newsom issued Executive Order N-25-20 and Executive Order N-29-20, which temporarily 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 OCSanClerk@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, February 2, 2021.
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.
January 27, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, February 3, 2021 – 5:00 P.M.
ACCESSIBILITY FOR THE GENERAL PUBLIC
Due to the spread of COVID-19, the Orange County Sanitation District
will be holding all upcoming Board and Committee meetings by
teleconferencing and Internet accessibility. This meeting will be
available to the public online at:
https://ocsd.legistar.com/Calendar.aspx
A regular meeting of the Operations Committee of the Orange County
Sanitation District will be held in the manner indicated herein on
Wednesday, February 3, 2021 at 5:00 p.m.
OPERATIONS COMMITTEE MEETING DATE
BOARD MEETING DATE
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
09/01/21 09/22/21
10/06/21 10/27/21
11/03/21 11/17/21 *
12/01/21 12/15/21 *
JANUARY DARK 01/26/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: February 3, 2021 Time: 5:00 p.m. Adjourn:
COMMITTEE MEMBERS (14)
Stacy Berry (Chair)
Brooke Jones (Vice-Chair) Doug Chaffee
Stephen Faessel
Ryan Gallagher Johnathan Ryan Hernandez
Steve Jones
Sandra Massa-Lavitt
Mark Murphy
Bob Ooten
Jesus J. Silva
Chad Zimmerman
David Shawver (Board Chair)
John Withers (Board Vice-Chair)
OTHERS
Brad Hogin, General Counsel
STAFF
Jim Herberg, General Manager
Rob Thompson, Assistant General Manager
Lorenzo Tyner, Assistant General Manager
Celia Chandler, Director of Human Resources
Kathy Millea, Director of Engineering
Lan Wiborg, Director of Environmental Services
Kelly Lore, Clerk of the Board
ORANGE COUNTY SANITATION DISTRICT Effective 1/27/2021 BOARD OF DIRECTORS Complete Roster AGENCY/CITIES
ACTIVE DIRECTOR
ALTERNATE DIRECTOR
Anaheim
Stephen Faessel
Jose Diaz Brea Glenn Parker Steven Vargas Buena Park Art Brown Connor Traut Cypress Stacy Berry Anne Hertz Fountain Valley Patrick Harper Glenn Grandis Fullerton Jesus J. Silva Nick Dunlap Garden Grove Steve Jones John O’Neill Huntington Beach Kim Carr Dan Kalmick Irvine Anthony Kuo Farrah N. Khan
La Habra Rose Espinoza Jose Medrano La Palma Marshall Goodman Nitesh Patel Los Alamitos Mark A. Chirco Ron Bates Newport Beach Brad Avery Joy Brenner Orange Mark Murphy Kim Nichols Placentia Chad Wanke Ward Smith Santa Ana Johnathan Ryan Hernandez Nelida Mendoza Seal Beach Sandra Massa-Lavitt Schelly Sustarsic Stanton David Shawver Carol Warren Tustin Ryan Gallagher Austin Lumbard Villa Park Chad Zimmerman Robert Collacott Sanitary/Water Districts
Costa Mesa Sanitary District
Bob Ooten
Art Perry Midway City Sanitary District Andrew Nguyen Sergio Contreras Irvine Ranch Water District John Withers
Douglas Reinhart
Yorba Linda Water District Brooke Jones Phil Hawkins County Areas
Board of Supervisors Doug Chaffee Donald P. Wagner
OPERATIONS COMMITTEE
Regular Meeting Agenda
Wednesday, February 3, 2021 - 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, ltyner@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, lwiborg@ocsd.com / (714) 593-7450
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 3, 2021
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://ocsd.legistar.com/Calendar.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
OCSanClerk@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
February 2, 2021.
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.
1.2020-1390APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee Meeting on
December 2, 2020.
Originator:Kelly Lore
Agenda Report
12-02-2020 Operations Committee Minutes
Attachments:
Page 1 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 3, 2021
2.2021-1436PLANT NO. 1 PRIMARY EFFLUENT PUMP STATION PUMP NO. 3
VARIABLE FREQUENCY DRIVE REPLACEMent
RECOMMENDATION:
A. Approve a Purchase Order Contract for the purchase and installation of a
replacement variable speed drive for Plant No. 1 Primary Effluent Pump Station
Pump No. 3, using the U.S. Communities Master Agreement No. EV2370, to
Graybar Electric, for an amount not to exceed $113,890, including Sales Tax
and Freight (FOB Destination); and
B. Approve a contingency of $11,389 (10%).
Originator:Rob Thompson
Agenda ReportAttachments:
3.2020-1345DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT
NO. 1, PROJECT NO. P1-135
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Digester Ferric
Chloride Piping Replacement at Plant No. 1, Project No. P1-135;
B. Award a Construction Contract to Performance Plumbing & Mechanical Inc., dba
PPM Contracting, for Digester Ferric Chloride Piping Replacement at Plant No. 1
for a total amount not to exceed $515,000; and
C. Approve a contingency of $51,500 (10%).
Originator:Kathy Millea
Agenda Report
P1-135 Contract Agreement and Exhibit A Schedule of Prices
Attachments:
4.2021-1399QUARTERLY ODOR COMPLAINT REPORT
RECOMMENDATION:
Receive and file the Fiscal Year 2020-21 Second Quarter Odor Complaint Report.
Originator:Rob Thompson
Agenda Report
FY 2020-21 2nd Qtr Odor Complaints Report Summary
Attachments:
Page 2 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 3, 2021
5.2021-1440PLANT NO. 1 BUILDING 5/6 UNINTERRUPTIBLE POWER SUPPLY
REPLACEMENT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order Contract for the purchase and installation of a
replacement uninterruptible power supply system for Plant No. 1 Building 5/6,
using the U.S. Communities Master Agreement No. EV2370, to Graybar Electric
for an amount not to exceed $92,362, plus Sales Tax and Freight (FOB
Destination); and
B. Approve a contingency of $9,236 (10%).
Originator:Rob Thompson
Agenda ReportAttachments:
NON-CONSENT:
6.2020-1343TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49
RECOMMENDATION: Recommend to the Board of Directors to:
A.Approve a Professional Design Services Agreement with Woodard & Curran, Inc. to
provide engineering services for Taft Branch Improvements, Project No. 2-49,
for an amount not to exceed $2,200,000; and
B.Approve a contingency of $220,000 (10%).
Originator:Kathy Millea
Agenda Report
2-49 PDSA Agreement (Draft)
Item 6 PPP_2-49 PDSA
Attachments:
7.2020-1344BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67
RECOMMENDATION: Recommend to the Board of Directors to:
A. Consider, receive, and certify the Environmental Impact Report for the Bay
Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67,
dated January 2021; and
B. Adopt Resolution No. OC SAN 21-XX, entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Environmental
Impact Report for the Bay Bridge Pump Station and Force Mains Replacement
Project, Project No. 5-67; Adopting the Mitigation Monitoring Program; and
Approving the Bay Bridge Pump Station and Force Mains Replacement Project,
Project No. 5-67”.
Page 3 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 3, 2021
Originator:Kathy Millea
Agenda Report
Resolution No. OC SAN 21-XX
Resolution OC SAN 21-XX Exhibit A Facts and
Findings_FINAL
Item 7 PPP_5-67 CEQA
Attachments:
8.2021-1407ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2020.
Originator:Kathy Millea
Agenda Report
CIP Contract Report 20201231
Attachments:
INFORMATION ITEMS:
9.2021-1416RESERVES AND INVESTMENTS POLICIES
RECOMMENDATION:
Information Item.
Originator:Lorenzo Tyner
Agenda Report
Item 9 PPP - Reserves_Investments Policies
Attachments:
DEPARTMENT HEAD REPORTS:
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
At this time Directors may request staff to place an item on a future agenda.
Page 4 of 5
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, February 3, 2021
ADJOURNMENT:
The next Operations Committee meeting is scheduled for Wednesday, March 3, 2021 at 5:00
p.m.
Page 5 of 5
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1390 Agenda Date:2/3/2021 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 Meeting on December 2,
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 OC San website (www.ocsan.gov)with the complete agenda
package:
·Minutes of the Operations Committee meeting held December 2, 2020
Orange County Sanitation District Printed on 1/26/2021Page 1 of 1
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Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, December 2, 2020
5:00 PM
Board Room
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
CALL TO ORDER
A regular meeting of the Operations Committee was called to order by Committee Chair Bob
Collacott on Wednesday, December 2, 2020 at 5:01 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). Director Fred
Smith led the Flag Salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:
ABSENT:
Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza, Jesus
Silva, Fred Smith, David Shawver, John Withers, and Mariellen
Yarc
None
STAFF PRESENT: Jim Herberg, General Manager; Kelly Lore, Clerk of the Board; and
Joshua Martinez 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; Jennifer Cabral; Tina Knapp; Jeff Mohr; Adam Nazaroff; Don
Stokes; Thomas Vu; Brian Waite; and Eros Yong were in attendance telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room.
PUBLIC COMMENTS:
None.
Clerk of the Board Kelly Lore announced that Late Communication had been received
requesting that Item No. 5 be pulled from consideration due to a recent protest.
REPORTS:
Assistant General Manager Rob Thompson provided an update on Prevention Maintenance
Optimization as it related to the Asset Management Plan on the agenda.
Page 1 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
CONSENT CALENDAR:
Board Chair Shawver and Operations Committee Vice-Chair Yarc appeared to be
disconnected during the Consent Calendar voting.
1. APPROVAL OF MINUTES 2020-1312
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee Meeting on
November 4, 2020.
2. RETURN ACTIVATED SLUDGE PUMP STATION ELEVATOR
REHABILITATION AT PLANT NO. 2, PROJECT NO. SC19-03
2020-1079
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Service Contract to OTIS Elevator Co. for elevator rehabilitation
services using the OMNIA Partners (formerly National IPA) cooperative contract
for the Return Activated Sludge Pump Station Elevator Rehabilitation at Plant
No. 2, Project No. SC19-03, for a total amount not to exceed $432,400; and
B. Approve a contingency of $86,480 (20%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
3. SEAL BEACH PUMP STATION ISOLATION VALVE REPLACEMENT,
PROJECT NO. FRC-0004
2020-1144
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
A. Receive and file Bid Tabulation and Recommendation for Seal Beach Pump
Station Isolation Valve Replacement, Project No. FRC-0004;
B. Award a Construction Contract to J.R. Filanc Construction Co., Inc. for Seal
Beach Pump Station Isolation Valve Replacement, Project No. FRC-0004, in the
amount of $466,830; and
C. Approve a contingency of $93,366 (20%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
4. CENGEN SUPPLY AIR FAN SUPPORT REPLACEMENT AT PLANT
NO. 2, PROJECT NO. MP-305
2020-1217
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 CenGen Supply Air
Fan Support Replacement at Plant No. 2, Project No. MP-305;
B. Award a Construction Contract to J.R. Filanc Construction Co., Inc. for CenGen
Supply Air Fan Support Replacement at Plant No. 2, Project No. MP-305, for a
total amount not to exceed $297,000; and
C. Approve a contingency of $44,550 (15%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
5. PLANT WATER PIPELINE REPLACEMENT IN KINNISON,
LINDSTROM, AND SCOTT TUNNELS AT PLANT NO. 2, PROJECT
NO. FE18-14
2020-1272
Originator: Kathy Millea
Item No. 5 pulled from consideration and not heard.
Page 3 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
A. Receive and file Bid Tabulation and Recommendation for Plant Water Pipeline
Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2, Project
No. FE18-14;
B. Award a Construction Contract to MMC Inc. for Plant Water Pipeline
Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2, Project
No. FE18-14, for a total amount not to exceed $1,134,000; and
C. Approve a contingency of $170,100 (15%).
6.PURCHASE OF TWO 220 KVA TRAILER MOUNTED DIESEL
GENERATORS
2020-1323
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Purchase Order to Multiquip Inc. for the purchase of two Multiquip
Model DCA220 Trailer Mounted Diesel 220 kVA Electric Generators (Tier-4 Final
Engine) using Sourcewell Cooperative Contract No. 041719-MTQ for a total
amount not to exceed $230,950; and
B. Approve a contingency of $11,548 (5%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
7.JANITORIAL & FLOOR MAINTENANCE SERVICE CONTRACT FOR
PLANT NOS. 1 AND 2
2020-1296
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Approve a Service Agreement with JLK Enterprise, Inc. for janitorial and floor
maintenance service at Plant Nos. 1 and 2, Specification No. S-2020-1189BD,
for the period February 1, 2021 through January 31, 2023, for an amount not to
exceed $1,280,560, with three one-year renewal options in the amount of
$640,280 per year; and
B. Approve a 10% contingency per contract term: $128,056 (10%) for the initial
two-year term and $64,028 (10%) for each subsequent one-year renewal period.
Page 4 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
8.PURCHASE OF 56 ELECTRIC CARTS 2020-1355
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Award a Purchase Order to Southwest Toyota Lift for the purchase of 56 electric
carts using OMNIA Partners Cooperative Contract No. EV2671 for a total
amount not to exceed $1,101,172; and
B. Approve a contingency of $55,059 (5%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
9. PREVENTATIVE MAINTENANCE SERVICE FOR FIVE ALFA LAVAL
CENTRIFUGES, MODEL ALDEC G3-125
2020-1342
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
A. Approve a Sole Source Purchase Order Service Contract with Alfa Laval to
perform Original Equipment Manufacturer recommended biennial Preventative
Maintenance on five centrifuge units at Plant No. 2 for an amount not to exceed
$101,693, plus applicable taxes and freight; and
B. Approve a contingency of $20,338 (20%).
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS:None
Page 5 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
10. PLANT NO. 2; REBUILD ROTATING ASSEMBLY, ALFA LAVAL
CENTRIFUGE, MODEL ALDEC G3-125
2020-1341
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Approve a Sole Source Purchase Order contract to rebuild one rotating assembly for
Alfa Laval Centrifuges at Plant No. 2 for a total amount not to exceed $197,846.
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith and John Withers
NOES:None
ABSENT:Mariellen Yarc and David Shawver
ABSTENTIONS: None
Operations Committee Vice-Chair Yarc appeared to be disconnected during the roll call
vote for Item Nos. 11 & 12.
NON-CONSENT:
11. CEQA - FACILITIES MASTER PLAN, PROJECT NO. PS17-08 2020-1318
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
A. Consider, receive, and certify the Final Program Environmental Impact Report
for the CEQA - Facilities Master Plan, Project No. PS17-08; and
B. Adopt Resolution No. OCSD 20-XX, entitled: “A Resolution of the Board of
Directors of the Orange County Sanitation District Certifying the Program
Environmental Impact Report for the Facilities Master Plan, Project No.
PS17-08; Adopting a Statement of Facts and Findings; Adopting a Statement of
Overriding Considerations; and Adopting a Mitigation Monitoring and Reporting
Program”.
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith, David Shawver and John
Withers
NOES:None
ABSENT:Mariellen Yarc
ABSTENTIONS:None
Page 6 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
12. ORANGE COUNTY SANITATION DISTRICT 2020 ASSET
MANAGEMENT PLAN
2020-1332
Originator: Kathy Millea
Engineering Manager Eros Yong provided a PowerPoint presentation regarding the
item.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Orange County Sanitation District 2020 Asset Management Plan.
AYES:Robert Collacott, Brad Avery, Doug Chaffee, Brooke Jones, Steve
Jones, Lucille Kring, Sandra Massa-Lavitt, Nelida Mendoza
(Alternate), Jesus Silva, Fred Smith, David Shawver and John
Withers
NOES:None
ABSENT:Mariellen Yarc
ABSTENTIONS: None
INFORMATION ITEMS:
None.
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
Board Chair Shawver thanked the outgoing members of the Committee for their years of
service. Directors Smith and Kring provided parting comments.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Collacott adjourned the Operations Committee meeting at 5:46 p.m. until the next
regularly scheduled meeting of Wednesday, February 3, 2021 at 5:00 p.m.
Page 7 of 8
OPERATIONS COMMITTEE Minutes December 2, 2020
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 8 of 8
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1436 Agenda Date:2/3/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO.1 PRIMARY EFFLUENT PUMP STATION PUMP NO.3 VARIABLE FREQUENCY
DRIVE REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Purchase Order Contract for the purchase and installation of a replacement variable
speed drive for Plant No. 1 Primary Effluent Pump Station Pump No. 3, using the U.S.
Communities Master Agreement No. EV2370, to Graybar Electric, for an amount not to exceed
$113,890, including Sales Tax and Freight (FOB Destination); and
B. Approve a contingency of $11,389 (10%).
BACKGROUND
The Orange County Sanitation District’s (Sanitation District)Primary Effluent Pump Station (PEPS)
contains three 45-million gallon per day pumps that feed a portion of the secondary treatment
facilities at Plant No.1.PEPS Pump Nos.1 and 2 are driven by electric motors with new Variable
Frequency Drives (VFD) to regulate the rate of flow into the secondary treatment facilities.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
PROBLEM
The existing PEPS Pump No.3 VFD was installed in 1993.The 28-year-old VFD is out of service,
obsolete,and no longer repairable.An operational and reliable VFD is required to manage peak wet
weather flows, provide a standby pump, and mitigate the risk of a primary effluent spill.
PROPOSED SOLUTION
Staff recommends replacing PEPS Pump No.3 VFD with a new turn-key solution from US
Communities/Graybar.The new VFD will allow the PEPS to reliably operate and will reduce risk inOrange County Sanitation District Printed on 1/26/2021Page 1 of 2
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File #:2021-1436 Agenda Date:2/3/2021 Agenda Item No:2.
Communities/Graybar.The new VFD will allow the PEPS to reliably operate and will reduce risk in
emergency conditions to manage peak wet weather flow events.
TIMING CONCERNS
Proceeding expeditiously to restore pump station capacity prior to an upcoming CIP project,Project
No. P1-133, will improve reliability and reduce operational risks.
RAMIFICATIONS OF NOT TAKING ACTION
Not taking action will impact PEPS design capacity,reliability,and the ability to restore flow in the
event of a remaining pump or VFD failure.
ADDITIONAL INFORMATION
The scope of this project covers replacement of existing Toshiba VFD unit with new VFD unit.A 10%
contingency has been requested to cover any unforeseen issues with existing equipment or cabling
during replacement.
CEQA
VFD replacement is categorically exempt from CEQA under the Class 1 categorical exemptions set
forth in California Code of Regulations Section 15301.Section 15301 (Class 1)exempts from CEQA
“the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing
public or private structures,facilities,mechanical equipment,or topographical features,involving
negligible or no expansion of existing or former use,”including “(b)Existing facilities of both investor
and publicly-owned utilities used to provide electric power,natural gas,sewerage,or other public
utility services”.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District’s Purchasing Ordinance.This
recommendation will be funded under the Repair and Maintenance line item for 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
02/03/2021 $113,890 $11,389 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
RM:nb:ab:gc
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1345 Agenda Date:2/3/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO.1,PROJECT NO.P1-
135
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Digester Ferric Chloride Piping
Replacement at Plant No. 1, Project No. P1-135;
B. Award a Construction Contract to Performance Plumbing & Mechanical Inc., dba PPM
Contracting, for Digester Ferric Chloride Piping Replacement at Plant No. 1 for a total amount
not to exceed $515,000; and
C. Approve a contingency of $51,500 (10%).
BACKGROUND
Digester gas produced by digestion of wastewater sludge in anaerobic digesters contains mostly
methane and carbon dioxide,but also hydrogen sulfide that must be limited in concentration to
comply with South Coast Air Quality Management District permit conditions associated with the
Central Generation co-generation facility.These facilities supply approximately two-thirds of the
Orange County Sanitation District’s (Sanitation District) power requirements.
Ferric chloride is added to anaerobic digesters to reduce the hydrogen sulfide concentration in the
digester gas.To do this,small diameter piping is routed through utility tunnels from an existing
digester ferric chloride facility to Anaerobic Digesters 7 through 16.
RELEVANT STANDARDS
·Comply with environmental permit requirements
·Comply with California Public Contract Code Section 20103.8,award construction contract to
the lowest responsible bidder
Orange County Sanitation District Printed on 1/27/2021Page 1 of 3
powered by Legistar™
File #:2020-1345 Agenda Date:2/3/2021 Agenda Item No:3.
PROBLEM
The existing digester ferric chloride piping is failing and has required repairs in numerous locations
due to age and partial blockage.
PROPOSED SOLUTION
Award a Construction Contract for Digester Ferric Chloride Piping Replacement at Plant No.1,
Project No.P1-135.This contract will replace the deteriorated digester ferric chloride piping,valves,
and appurtenances from the ferric chloride facility to each of the digesters to prevent periodic
blockages and provide reliable injection of ferric chloride to digesters.
TIMING CONCERNS
A piping system failure preventing the addition of ferric chloride could result in a permit violation.
RAMIFICATIONS OF NOT TAKING ACTION
Without this project, the risk of pipe failure will continue to increase.
ADDITIONAL INFORMATION
The Sanitation District advertised for bids on October 27,2020,and six sealed bids were received on
December 8, 2020. A summary of the bids follows:
Engineer’s Estimate $ 532,000
Bidder Amount of Bid
Performance Plumbing & Mechanical Inc.,
dba PPM Contracting
$ 515,000
Innovative Construction Solutions $ 540,000
Mehta Mechanical Co., dba MMC Inc.$ 584,280
Tharsos Inc.$ 595,000
Environmental Construction, Inc.$ 598,449
Houalla Enterprises, Ltd. dba Metro
Builders & Engineers Group, Ltd.
$ 771,173
The bids were evaluated in accordance with the Sanitation District policies and procedures.A notice
was sent to all the bidders on January 8,2021 informing them of the intent of the Sanitation District to
recommend award of the construction contract to Performance Plumbing &Mechanical Inc.,dba
PPM Contracting.
Staff recommends awarding a Construction Contract to the lowest responsive bidder,PPM
Contracting,for Digester Ferric Chloride Piping Replacement at Plant No.1,Project No.P1-135,for a
total amount not to exceed $515,000.
Orange County Sanitation District Printed on 1/27/2021Page 2 of 3
powered by Legistar™
File #:2020-1345 Agenda Date:2/3/2021 Agenda Item No:3.
CEQA
The project is included in the Headworks Rehabilitation at Plant No.1,Project No.P1-105 Mitigated
Negative Declaration (MND)State Clearinghouse Number 2019049152.This MND was certified by
the Board of Directors and a Notice of Determination was filed on July 25, 2019.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District’s Purchasing Ordinance.This
item has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 63,
Digester Ferric Chloride Piping Replacement at Plant No.1,Project No.P1-135)and the budget is
sufficient for the recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
GR:dm:gc
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C-CA-101620
PART A
CONTRACT AGREEMENT
C-CA-101620
TABLE OF CONTENTS
CONTRACT AGREEMENT
SECTION – 1 GENERAL CONDITIONS ................................................................. 1
SECTION – 2 MATERIALS AND LABOR ................................................................ 4
SECTION – 3 PROJECT ........................................................................................ 4
SECTION – 4 PLANS AND SPECIFICATONS........................................................ 5
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION .......................... 5
SECTION – 6 TIME IS OF THE ESSENCE ............................................................ 5
SECTION – 7 EXCUSABLE DELAYS ..................................................................... 6
SECTION – 8 EXTRA WORK ................................................................................. 6
SECTION – 9 CHANGES IN PROJECT.................................................................. 7
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY ............................................ 7
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT ......................... 7
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS ............................................................................................. 9
SECTION – 13 COMPLETION .................................................................................. 9
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 22
SECTION – 18 TERMINATION ............................................................................... 22
SECTION – 19 WARRANTY ................................................................................... 22
SECTION – 20 ASSIGNMENT ................................................................................ 23
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 23
SECTION – 22 SAFETY & HEALTH ....................................................................... 24
SECTION – 23 NOTICES ....................................................................................... 24
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 1 of 25
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. P1-135
DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1
THIS AGREEMENT is made and entered into, to be effective, this February 24, 2021, by and
between Performance Plumbing & Mechanical Inc. dba PPM Contracting, hereinafter referred to
as “CONTRACTOR” and the Orange County Sanitation District, hereinafter referred to as
“OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
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A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 3 of 25
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 4 of 25
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. P1-135
DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 5 of 25
SECTION – 4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. P1-135
DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1
Said Plans and Specifications and any revision, amendments and addenda thereto are attached
hereto and incorporated herein as part of this Contract and referred to by reference.
SECTION – 5 TIME OF COMMENCEMENT AND COMPLETION
CONTRACTOR agrees to commence the Project within 15 calendar days from the date set forth
in the “Notice to Proceed” sent by OCSD, unless otherwise specified therein and shall diligently
prosecute the Work to completion within two hundred fifty-five (255) calendar days from the date
of the “Notice to Proceed” issued by OCSD, excluding delays caused or authorized by OCSD as
set forth in Sections 7, 8, and 9 hereof, and applicable provisions in the General Conditions.
The time for completion includes five (5) calendar days determined by OCSD likely to be
inclement weather when CONTRACTOR will be unable to work.
In addition, CONTRACTOR shall accomplish such milestones within the periods of performance
set forth in Appendix A of the Special Provisions entitled “Work Completion Schedule.”
SECTION – 6 TIME IS OF THE ESSENCE
Time is of the essence of this Contract. As required by the Contract Documents,
CONTRACTOR shall prepare and obtain approval of all shop drawings, details and samples,
and do all other things necessary and incidental to the prosecution of CONTRACTOR’s Work in
conformance with an approved construction progress schedule. CONTRACTOR shall
coordinate the Work covered by this Contract with that of all other contractors, subcontractors
and of OCSD, in a manner that will facilitate the efficient completion of the entire Work and
accomplish the required milestone(s), if any, by the applicable deadline(s) in accordance with
Section 5 herein. OCSD shall have the right to assert complete control of the premises on
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 6 of 25
which the Work is to be performed and shall have the right to decide the time or order in which
the various portions of the Work shall be installed or the priority of the work of subcontractors,
and, in general, all matters representing the timely and orderly conduct of the Work of
CONTRACTOR on the premises.
SECTION – 7 EXCUSABLE DELAYS
CONTRACTOR shall only be excused for any delay in the prosecution or completion of the
Project as specifically provided in General Conditions, “Extension of Time for Delay”, and the
General Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract
Work”. Extensions of time and extra compensation arising from such excusable delays will be
determined in accordance with the General Conditions, “Extension of Time for Delay” and
“Contract Price Adjustments and Payments”, and extensions of time and extra compensation as
a result of incurring undisclosed utilities will be determined in accordance with General
Requirements, “By CONTRACTOR or Others – Unknown Utilities during Contract Work”.
OCSD’s decision will be conclusive on all parties to this Contract.
SECTION – 8 EXTRA WORK
The Contract Price as set forth in Section 11, includes compensation for all Work performed by
CONTRACTOR, unless CONTRACTOR obtains a Change Order signed by a designated
representative of OCSD specifying the exact nature of the Extra Work and the amount of extra
compensation to be paid all as more particularly set forth in Section 9 hereof and the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)”, “OWNER Initiated
Changes”, and “Contract Price Adjustments and Payments”.
In the event a Change Order is issued by OCSD pursuant to the Contract Documents, OCSD
shall extend the time fixed in Section 5 for completion of the Project by the number of days, if
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
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SECTION – 9 CHANGES IN PROJECT
OCSD may at any time, without notice to any Surety, by Change Order, make any changes in
the Work within the general scope of the Contract Document, including but not limited to
changes:
1. In the Specifications (including Drawings and designs);
2. In the time, method or manner of performance of the Work;
3. In OCSD-furnished facilities, equipment, materials, services or site; or
4. Directing acceleration in the performance of the Work.
No change of period of performance or Contract Price, or any other change in the Contract
Documents, shall be binding until the Contract is modified by a fully executed Change Order.
All Change Orders shall be issued in accordance with the requirements set forth in the General
Conditions, “Request for Change (Changes at CONTRACTOR’s Request)” and “OWNER
Initiated Changes”.
SECTION – 10 LIQUIDATED DAMAGES FOR DELAY
Liquidated Damages shall be payable in the amounts and upon the occurrence of such events
or failure to meet such requirements or deadlines as provided in the Special Provisions,
“Liquidated Damages and Incentives.”
SECTION – 11 CONTRACT PRICE AND METHOD OF PAYMENT
A. OCSD agrees to pay and the CONTRACTOR agrees to accept as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in
approved Change Orders, the sum of Five Hundred Fifteen Thousand Dollars ($515,000)
as itemized on the Attached Exhibit “A”.
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 8 of 25
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. OCSD shall issue at the
commencement of the job a schedule which shows:
1. A minimum of one payment to be made to the CONTRACTOR for each successive
four (4) week period as the Work progresses, and
2. The due dates for the CONTRACTOR to submit requests for payment to meet the
payment schedule.
After the initial Net Progress Payment, and provided the CONTRACTOR submits the
request for payment prior to the end of the day required to meet the payment schedule,
the CONTRACTOR shall be paid a Net Progress Payment on the corresponding monthly
payment date set forth in the schedule.
Payments shall be made on demands drawn in the manner required by law, accompanied
by a certificate signed by the ENGINEER, stating that the Work for which payment is
demanded has been performed in accordance with the terms of the Contract Documents,
and that the amount stated in the certificate is due under the terms of the Contract.
Payment applications shall also be accompanied with all documentation, records, and
releases as required by the Contract, Exhibit A, Schedule of Prices, and General
Conditions, “Payment for Work – General”. The Total amount of Progress Payments shall
not exceed the actual value of the Work completed as certified by OCSD’s ENGINEER.
The processing of payments shall not be considered as an acceptance of any part of the
Work.
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
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2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by OCSD;
b. plus the value of material suitably stored at the worksite, treatment plant or
approved storage yards subject to or under the control of OCSD since the
commencement of the Work as determined by OCSD;
c. less all previous Net Progress Payments;
d. less all amounts of previously qualified deductions;
e. less all amounts previously retained as Retention Amounts.
3. “Retention Amount” for each Progress Payment means the percentage of each
Progress Payment to be retained by OCSD to assure satisfactory completion of the
Contract. The amount to be retained from each Progress Payment shall be
determined as provided in the General Conditions –“Retained Funds; Substitution of
Securities.”
SECTION – 12 SUBSTITUTION OF SECURITIES IN LIEU OF RETENTION OF FUNDS
Pursuant to Public Contract Code Section 22300 et seq., the CONTRACTOR may, at its sole
expense, substitute securities as provided in General Conditions – “Retained Funds;
Substitution of Securities.”
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
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SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of
per diem wages at its principal office and at each job site, which shall be made available to
any interested party upon request.
C. Forfeiture for Violation:
CONTRACTOR shall, as a penalty to OCSD, forfeit Two Hundred Dollars ($200.00) for
each calendar day or portion thereof for each worker paid (either by the CONTRACTOR or
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 11 of 25
any Subcontractor under it) less than the prevailing rate of per diem wages as set by the
Director of Industrial Relations, in accordance with Sections 1770-1780 of the California
Labor Code for the Work provided for in this Contract, all in accordance with Section 1775
of the Labor Code of the State of California.
D. Apprentices:
Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding
the employment of apprentices are applicable to this Contract and the CONTRACTOR
shall comply therewith if the prime contract involves Thirty Thousand Dollars ($30,000.00)
or more.
E. Workday:
In the performance of this Contract, not more than eight (8) hours shall constitute a day’s
work, and the CONTRACTOR shall not require more than eight (8) hours of labor in a day
from any person employed by him hereunder except as provided in paragraph (B) above.
CONTRACTOR shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the
Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of
Twenty-five Dollars ($25.00) for each worker employed in the execution of this Contract by
CONTRACTOR or any Subcontractor for each calendar day during which any worker is
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 12 of 25
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by OCSD’s General Counsel – one in the amount of one hundred percent (100%) of
the Contract amount, to guarantee the faithful performance of the Work, and the other in the
amount of one hundred percent (100%) of the Contract amount to guarantee payment of all
claims for labor and materials furnished. As changes to the Contract occur via approved
Change Orders, the CONTRACTOR shall assure that the amounts of the Bonds are adjusted to
maintain 100% of the Contract Price. This Contract shall not become effective until such Bonds
are supplied to and approved by OCSD. Bonds must be issued by a Surety authorized by the
State Insurance Commissioner to do business in California. The Performance Bond shall
remain in full force and effect through the warranty period, as specified in Section 19 below. All
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
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the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to OCSD, nor
shall CONTRACTOR allow any Subcontractor to commence Work on a subcontract until all
insurance required of the Subcontractor has been obtained. CONTRACTOR shall maintain all
of the foregoing insurance coverages in force through the point at which the Work under this
Contract is fully completed and accepted by OCSD pursuant to the provisions of the General
Conditions, “Final Acceptance and Final Completion”. Furthermore, CONTRACTOR shall
maintain all of the foregoing insurance coverages in full force and effect throughout the warranty
period, commencing on the date of Final Acceptance. The requirement for carrying the
foregoing insurance shall not derogate from the provisions for indemnification of OCSD by
CONTRACTOR under Section 17 of this Contract. Notwithstanding nor diminishing the
obligations of CONTRACTOR with respect to the foregoing, CONTRACTOR shall subscribe for
and maintain in full force and effect during the life of this Contract, inclusive of all changes to the
Contract Documents made in accordance with the provisions of the General Conditions,
“Request for Change (Changes at CONTRACTOR’s Request)” and/or “OWNER Initiated
Changes”, the following insurance in amounts not less than the amounts specified. OCSD
reserves the right to amend the required limits of insurance commensurate with the
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CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
If CONTRACTOR maintains higher limits than the minimums shown in this Section, OCSD
requires and shall be entitled to coverage for the higher limits maintained by the
CONTRACTOR.
Where permitted by law, CONTRACTOR hereby waives all rights of recovery by subrogation
because of deductible clauses, inadequacy of limits of any insurance policy, limitations or
exclusions of coverage, or any other reason against OCSD, its or their officers, agents, or
employees, and any other contractor or subcontractor performing Work or rendering services on
behalf of OCSD in connection with the planning, development and construction of the Project. In
all its insurance coverages (except for Professional Liability/Errors and Omissions coverages, if
applicable) related to the Work, CONTRACTOR shall include clauses providing that each
insurer shall waive all of its rights of recovery by subrogation against OCSD, its or their officers,
agents, or employees, or any other contractor or subcontractor performing Work or rendering
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services at the Project. Where permitted by law, CONTRACTOR shall require similar written
express waivers and insurance clauses from each of its Subcontractors of every tier. A waiver of
subrogation shall be effective as to any individual or entity, even if such individual or entity (a)
would otherwise have a duty of indemnification, contractual or otherwise, (b) did not pay the
insurance premium, directly or indirectly, and (c) whether or not such individual or entity has an
insurable interest in the property damaged.
A. Limits of Insurance
1. General Liability: Two Million Dollars ($2,000,000) per occurrence and a general
aggregate limit of Four Million Dollars ($4,000,000) for bodily injury, personal injury
and property damage. If aggregate limits apply separately to this contract (as
evidenced by submission of ISO form CG 25 03 or CG 25 04), then the aggregate
limit may be equivalent to the per occurrence limit. Coverage shall include each of
the following:
a. Premises-Operations.
b. Products and Completed Operations, with limits of at least Two Million Dollars
($2,000,000) per occurrence and a general aggregate limit of Four Million
Dollars ($4,000,000) which shall be in effect at all times during the warranty
period set forth in the Warranty section herein, and as set forth in the General
Conditions, “Warranty (CONTRACTOR’s Guarantee)”, plus any additional
extension or continuation of time to said warranty period that may be required
or authorized by said provisions. If aggregate limits apply separately to this
contract (as evidenced by submission of ISO form CG 25 03 or CG 25 04),
then the aggregate limit may be equivalent to the per occurrence limit.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
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d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
h. If divers will be used, the General Liability insurance will be endorsed to cover
marine liability or its equivalent to cover the usage of divers.
2. Automobile Liability: The CONTRACTOR shall maintain a policy of Automobile
Liability Insurance on a comprehensive form covering all owned, non-owned, and
hired automobiles, trucks, and other vehicles providing the following minimum limits
of liability coverage:
Either (1) a combined single limit of One Million Dollars ($1,000,000) for bodily injury,
personal injury and property damage;
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Or alternatively, (2) Five Hundred Thousand Dollars ($500,000) per person for bodily
injury, One Million Dollars ($1,000,000) per accident for bodily injury, and Five
Hundred Thousand Dollars ($500,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable to OCSD.
5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
6. Pollution Liability Insurance: CONTRACTOR shall purchase and maintain insurance
for pollution liability covering bodily injury, property damage (including loss of use of
damaged property or property that has not been physically injured or destroyed),
cleanup costs, and defense costs (including costs and expenses for investigation,
defense, or settlement of claims). Coverage shall carry limits of at least One Million
Dollars ($1,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
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from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials, or other irritants,
contaminants or pollutants.
If CONTRACTOR provides coverage written on a claims-made basis, OCSD has the
right to approve or reject such coverage in its own discretion. If written on a claims-
made basis, the CONTRACTOR warrants that any retroactive date applicable to
coverage under the policy precedes the effective date of this Contract, and that
continuous coverage will be maintained, or an extended discovery period will be
exercised, for a period of two years beginning from the time that the Project under
this Contract is completed.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
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Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
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D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
OCSD recognizes that State Compensation Insurance Fund has withdrawn from
participation in the A.M. Best Rating Guide process. Nevertheless, OCSD will accept
State Compensation Insurance Fund for the required policy of worker’s compensation
insurance, subject to OCSD’s option, at any time during the term of this Contract, to
require a change in insurer upon twenty (20) days written notice. Further, OCSD will
require CONTRACTOR to substitute any insurer whose rating drops below the levels
herein specified. Said substitution shall occur within twenty (20) days of written notice to
CONTRACTOR by OCSD or its agent.
E. Verification of Coverage
CONTRACTOR shall furnish OCSD with original certificates and mandatory endorsements
affecting coverage. Said policies and endorsements shall conform to the requirements
herein stated. All certificates and endorsements are to be received and approved by
OCSD before Work commences. OCSD reserves the right to require complete, certified
copies of all required insurance policies, including endorsements, affecting the coverage
required by these Specifications at any time.
F. Subcontractors
CONTRACTOR shall be responsible to establish insurance requirements for any
Subcontractors hired by CONTRACTOR. The insurance shall be in amounts and types
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
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all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are Iisted in order of preference)
In the event any of the following forms are cancelled by Insurance Services Office,
Inc. (ISO), or are updated, the ISO replacement form or equivalent must be supplied.
a. Commercial General Liability Form CG-0001 10 01
b. Additional Insured Including Form CG-2010 10 01 and Products-Completed Operations Form CG-2037 10 01
c. Waiver of Transfer of Rights of Form CG-2404 11 85; or Recovery Against Others to Us/ Form CG-2404 10 93 Waiver of Subrogation 3. Required State Compensation Insurance Fund Endorsements
a. Waiver of Subrogation Endorsement No. 2570 b. Cancellation Notice Endorsement No. 2065 4. Additional Required Endorsements
a. Notice of Policy Termination Manuscript Endorsement
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
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OCSD, its directors, officers, agents, CONSULTANTS and employees and all public
agencies from whom permits will be obtained as well as their directors, officers,
agents, and employees shall be included as insureds under the policy. Any
additional insured endorsement shall contain language at least as broad as the
coverage language contained in ISO form CG 20 10 11 85 or alternatively in both
CG 20 10 10 01 and CG 20 37 10 01 together.
SECTION – 17 RISK AND INDEMNIFICATION
All Work covered by this Contract done at the site of construction or in preparing or delivering
materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR shall save,
indemnify, defend, and keep OCSD and others harmless as more specifically set forth in
General Conditions, “General Indemnification”.
SECTION – 18 TERMINATION
This Contract may be terminated in whole or in part in writing by OCSD in the event of
substantial failure by the CONTRACTOR to fulfill its obligations under this Agreement, or it may
be terminated by OCSD for its convenience provided that such termination is effectuated in a
manner and upon such conditions set forth more particularly in General Conditions,
“Termination for Default” and/or “Termination for Convenience”, provided that no termination
may be effected unless proper notice is provided to CONTRACTOR at the time and in the
manner provided in said General Conditions. If termination for default or convenience is
effected by OCSD, an equitable adjustment in the price provided for in this Contract shall be
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
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The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
be necessary to cure any defects, including repairs of any damage to other parts of the system
resulting from such defects. OCSD shall promptly give notice to the CONTRACTOR of
observed defects. In the event that the CONTRACTOR fails to make adjustments, repairs,
corrections or other work made necessary by such defects, OCSD may do so and charge the
CONTRACTOR the cost incurred. The CONTRACTOR’s warranty shall continue as to any
corrected deficiency until the later of (1) the remainder of the original one-year warranty period;
or (2) one year after acceptance by OCSD of the corrected Work. The Performance Bond and
the Payment Bond shall remain in full force and effect through the guarantee period.
The CONTRACTOR’s obligations under this clause are in addition to the CONTRACTOR’s
other express or implied assurances under this Contract, including but not limited to specific
manufacturer or other extended warranties specified in the Plans and Specifications, or state
law and in no way diminish any other rights that OCSD may have against the CONTRACTOR
for faulty materials, equipment or Work.
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
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arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B Contractor Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018
Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart 555 Anton Boulevard Suite 1200
Costa Mesa, California 92626
TO CONTRACTOR: Performance Plumbing & Mechanical Inc. dba PPM Contracting 3740 Oceanic Way, #307 Oceanside, CA 92056
Copy to: Greg Taylor, President Performance Plumbing & Mechanical Inc. dba PPM Contracting 3740 Oceanic Way, #307 Oceanside, CA 92056
C-CA-101620 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 25 of 25
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR: Performance Plumbing & Mechanical Inc. dba PPM Contracting
3740 Oceanic Way, #307
Oceanside, CA 92056
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. 866856 (Expiration 11/30/2021)
OCSD: Orange County Sanitation District
By______________________________
David John Shawver Board Chairman
By______________________________ Kelly A. Lore Clerk of the Board
By______________________________ Ruth Zintzun
Purchasing & Contracts Manager
C-EXA-080414
EXHIBIT A SCHEDULE OF PRICES
C-EXA-080414
TABLE OF CONTENTS
EXHIBIT A SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION ........................................................................... 1
EXA-2 PROGRESS PAYMENTS ................................................................................. 1
EXA-3 RETENTION AND ESCROW ACCOUNTS ....................................................... 1
EXA-4 STOP PAYMENT NOTICE ............................................................................... 3
EXA-5 PAYMENT TO SUBCONTRACTORS ............................................................... 3
EXA-6 PAYMENT OF TAXES ...................................................................................... 3
EXA-7 FINAL PAYMENT ............................................................................................. 4
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT.... 5
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT ......................... 7
ATTACHMENT 2 – SCHEDULE OF PRICES .................................................................. 8
C-EXA-080414 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 1 of 8
EXHIBIT A
SCHEDULE OF PRICES
EXA-1 BASIS OF COMPENSATION
CONTRACTOR will be paid the Contract Price according to the Schedule of Prices, and all other applicable terms and conditions of the Contract
Documents. EXA-2 PROGRESS PAYMENTS
Progress payments will be made in accordance with all applicable terms and conditions of the Contract Documents, including, but not limited to:
1. Contract Agreement – Section 11 – “Contract Price and Method of Payment;”
2. General Conditions – “Payment – General”;
3. General Conditions – “Payment – Applications for Payment”;
4. General Conditions – “Payment – Mobilization Payment Requirements;”
5. General Conditions – “Payment – Itemized Breakdown of Contract Lump Sum Prices”;
6. General Conditions – "Contract Price Adjustments and Payments”;
7. General Conditions – “Suspension of Payments”;
8. General Conditions – “OCSD’s Right to Withhold Certain Amounts and
Make Application Thereof”; and
9. General Conditions – “Final Payment.”
EXA-3 RETENTION AND ESCROW ACCOUNTS
A. Retention:
OCSD shall retain a percentage of each progress payment to assure satisfactory completion of the Work. The amount to be retained from each progress payment shall be determined as provided in General Conditions – “Retained Funds; Substitution of Securities”. In all contracts between CONTRACTOR and its Subcontractors and/or Suppliers, the retention may not exceed the percentage specified in the Contract Documents.
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B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and OCSD shall make payment of retention earned directly to the escrow agent at the expense of the CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investment of the payments into securities consistent with Government Code §16430 and the CONTRACTOR shall receive the interest earned on the investments upon the same terms provided for in this article for securities deposited by the CONTRACTOR. Upon satisfactory completion of the Contract, the CONTRACTOR shall receive from the escrow agent all securities, interest and payments received by the escrow agent from OCSD, pursuant to the terms of this article. The CONTRACTOR shall pay to each Subcontractor, not later than
twenty (20) calendar days after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount of retention withheld to ensure the performance
of the Subcontractor. The escrow agreement used by the escrow agent pursuant to this article shall be substantially similar to the form set forth in §22300 of the California Public Contract Code.
C. Release of Retention:
Upon Final Acceptance of the Work, the CONTRACTOR shall submit an invoice for release of retention in accordance with the terms of the Contract. D. Additional Deductibles:
In addition to the retentions described above, OCSD may deduct from each progress payment any or all of the following: 1. Liquidated Damages that have occurred as of the date of the application for progress payment;
2. Deductions from previous progress payments already paid, due to OCSD’s discovery of deficiencies in the Work or non-compliance with the Specifications or any other requirement of the Contract;
3. Sums expended by OCSD in performing any of the CONTRACTOR’S obligations under the Contract that the CONTRACTOR has failed to perform, and;
4. Other sums that OCSD is entitled to recover from the CONTRACTOR under the terms of the Contract, including without limitation insurance deductibles and assessments.
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The failure of OCSD to deduct any of the above-identified sums from a progress payment shall not constitute a waiver of OCSD’s right to such sums or
to deduct them from a later progress payment. EXA-4 STOP PAYMENT NOTICE
In addition to other amounts properly withheld under this article or under other provisions of the Contract, OCSD shall retain from progress payments otherwise due the CONTRACTOR an amount equal to one hundred twenty-five percent (125%) of the amount claimed under any stop payment notice under Civil Code §9350 et. seq. or other lien filed against the CONTRACTOR for labor, materials, supplies, equipment, and any other thing of value claimed to have been furnished to and/or incorporated into the Work; or for any other alleged contribution thereto. In addition to the foregoing and in accordance with Civil Code §9358 OCSD may also satisfy its duty to withhold funds for stop payment notices by refusing to release funds held in escrow pursuant to public receipt of a release of stop payment notice executed by a stop payment notice
claimant, a stop payment notice release bond, an order of a court of competent jurisdiction, or other evidence satisfactory to OCSD that the CONTRACTOR has resolved such claim by settlement.
EXA-5 PAYMENT TO SUBCONTRACTORS
Requirements
1. The CONTRACTOR shall pay all Subcontractors for and on account of
Work performed by such Subcontractors, not later than seven (7) days after receipt of each progress payment as required by the California Business and Professions Code §7108.5. Such payments to Subcontractors shall be
based on the measurements and estimates made pursuant to article progress payments provided herein.
2. Except as specifically provided by law, the CONTRACTOR shall pay all Subcontractors any and all retention due and owing for and on account of Work performed by such Subcontractors not later than seven (7) days after CONTRACTOR’S receipt of said retention proceeds from OCSD as required by the California Public Contract Code §7107.
EXA-6 PAYMENT OF TAXES
Unless otherwise specifically provided in this Contract, the Contract Price includes full compensation to the CONTRACTOR for all taxes. The CONTRACTOR shall pay all federal, state, and local taxes, and duties applicable to and assessable against any Work, including but not limited to retail sales and use, transportation, export, import, business, and special taxes. The CONTRACTOR shall ascertain and pay the taxes when due. The
CONTRACTOR will maintain auditable records, subject to OCSD reviews, confirming that tax payments are current at all times.
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EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to OCSD, including:
a. The proposed total amount due the CONTRACTOR, segregated by items on the payment schedule, amendments, Change Orders, and other bases for payment;
b. Deductions for prior progress payments;
c. Amounts retained;
d. A conditional waiver and release on final payment for each Subcontractor (per Civil Code Section 8136);
e. A conditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code Section 8136);
f. List of Claims the CONTRACTOR intends to file at that time or a
statement that no Claims will be filed,
g. List of pending unsettled claims, stating claimed amounts, and copies of any and all complaints and/or demands for arbitration received by the
CONTRACTOR; and
h. For each and every claim that resulted in litigation or arbitration which the CONTRACTOR has settled, a conformed copy of the Request for
Dismissal with prejudice or other satisfactory evidence the arbitration is resolved.
2. The application for Final Payment shall include complete and legally effective releases or waivers of liens and stop payment notices satisfactory to OCSD, arising out of or filed in connection with the Work. Prior progress payments shall be subject to correction in OCSD’s review of the application for Final Payment. Claims filed with the application for Final Payment must be otherwise timely under the Contract and applicable law.
3. Within a reasonable time, OCSD will review the CONTRACTOR’S application for Final Payment. Any recommended changes or corrections will then be forwarded to the CONTRACTOR. Within ten (10) calendar days
after receipt of recommended changes from OCSD, the CONTRACTOR will make the changes, or list Claims that will be filed as a result of the changes, and shall submit the revised application for Final Payment. Upon
C-EXA-080414 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 5 of 8
acceptance by OCSD, the revised application for Final Payment will become the approved application for Final Payment.
4. If no Claims have been filed with the initial or any revised application for Final Payment, and no Claims remain unsettled within thirty-five (35) calendar days after Final Acceptance of the Work by OCSD, and
agreements are reached on all issues regarding the application for Final Payment, OCSD, in exchange for an executed release, satisfactory in form and substance to OCSD, will pay the entire sum found due on the approved application for Final Payment, including the amount, if any, allowed on settled Claims.
5. The release from the CONTRACTOR shall be from any and all Claims arising under the Contract, except for Claims that with the concurrence of OCSD are specifically reserved, and shall release and waive all unreserved Claims against OCSD and its officers, directors, employees and authorized representatives. The release shall be accompanied by a certification by the CONTRACTOR that:
a. It has resolved all Subcontractors, Suppliers and other Claims that are related to the settled Claims included in the Final Payment;
b. It has no reason to believe that any party has a valid claim against the
CONTRACTOR or OCSD which has not been communicated in writing by the CONTRACTOR to OCSD as of the date of the certificate;
c. All warranties are in full force and effect, and;
d. The releases and the warranties shall survive Final Payment.
6. If any claims remain open, OCSD may make Final Payment subject to resolution of those claims. OCSD may withhold from the Final Payment an
amount not to exceed one hundred fifty percent (150%) of the sum of the amounts of the open claims, and one hundred twenty-five percent (125%) of the amounts of open stop payment notices referred to in article entitled stop payment notices herein.
7. The CONTRACTOR shall provide an unconditional waiver and release on final payment from each Subcontractor and Supplier providing Work under the Contract (per Civil Code Section 8138) and an unconditional waiver and release on final payment on behalf of the CONTRACTOR (per Civil Code
Section 8138) within thirty (30) days of receipt of Final Payment.
EXA-8 DISCOVERY OF DEFICIENCIES BEFORE AND AFTER FINAL PAYMENT
Notwithstanding OCSD’s acceptance of the application for Final Payment and irrespective of whether it is before or after Final Payment has been made, OCSD shall not be precluded from subsequently showing that:
1. The true and correct amount payable for the Work is different from that
previously accepted;
C-EXA-080414 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 6 of 8
2. The previously-accepted Work did not in fact conform to the Contract requirements, or;
3. A previous payment or portion thereof for Work was improperly made.
OCSD also shall not be stopped from demanding and recovering damages from the CONTRACTOR, as appropriate, under any of the foregoing
circumstances as permitted under the Contract or applicable law.
C-EXA-080414 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 7 of 8
ATTACHMENT 1 – CERTIFICATION FOR REQUEST FOR PAYMENT
I hereby certify under penalty of perjury as follows: That the claim for payment is in all respects true, correct; that the services mentioned
herein were actually rendered and/or supplies delivered to OCSD in accordance with the Contract. I understand that it is a violation of both the federal and California False Claims Acts to knowingly present or cause to be presented to OCSD a false claim for payment or approval. A claim includes a demand or request for money. It is also a violation of the False Claims Acts to knowingly make use of a false record or statement to get a false claim paid. The term "knowingly" includes either actual knowledge of the information, deliberate ignorance of the truth or falsity of the information, or reckless disregard for the
truth or falsity of the information. Proof of specific intent to defraud is not necessary under the False Claims Acts. I understand that the penalties under the Federal False Claims Act and State of California False Claims Act are non-exclusive, and are in
addition to any other remedies which OCSD may have either under contract or law. I hereby further certify, to the best of my knowledge and belief, that:
1. The amounts requested are only for performance in accordance with the Specifications, terms, and conditions of the Contract;
2. Payments to Subcontractors and Suppliers have been made from previous payments received under the Contract, and timely payments will be made from the proceeds of the payment covered by this certification; 3. This request for progress payments does not include any amounts which the prime CONTRACTOR intends to withhold or retain from a Subcontractor or Supplier in accordance with the terms and conditions of the subcontract; and
4. This certification is not to be construed as Final Acceptance of a Subcontractor’s performance.
_________________________________________
Name
_________________________________________
Title _________________________________________
Date
C-EXA-080414 PROJECT NO. P1-135 DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT NO. 1 CONFORMED Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
See next pages for Bid Submittal Forms: Performance Plumbling & Mechanical Inc. dba PPM Contracting
BF-14 SCHEDULE OF PRICES, Pages 1 - 2
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1399 Agenda Date:2/3/2021 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 2020-21 Second Quarter Odor Complaint Report.
BACKGROUND
During the second quarter of FY 2020-21,the Orange County Sanitation District (Sanitation District)
had the following attributable odor complaints:Plant No.1 had no odor complaints,Plant No.2 had
two odor complaints,and the collections system had four 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 OC San website (www.ocsan.gov)with the complete agenda
package:
·FY 2020-21 Second Quarter Odor Complaint Report
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Orange County Sanitation District
Odor Complaint Report
Fiscal Year 2020/21 – 2nd Quarter
1. Plant No. 1 Treatment Facility Odor Complaint Summary
Plant No. 1 received no attributable odor complaints during the 2nd quarter.
Plant No. 2 Treatment Facility Odor Complaint Summary Plant No. 2 received two attributed odor complaints during the 2nd quarter. The first odor complaint resulted from a bleach dosing issue with Scrubber C. The second odor complaint resulted during the removal of two trickling filter clarifier return pumps (RSS pumps A1 & C2). Both odor complaints were discussed with O&M supervisors to prevent/reduce future odors related to planned maintenance activities. 2. Collections Facilities Odor Complaint Summary The collection system received four attributable odor complaints during the 2nd quarter. The first odor complaint was related to foul odors escaping while staff was performing sewer and scrubber maintenance. Staff are working collaboratively to minimize the potential odors during future maintenance activities. The remaining three odor complaints were due to the pressurization and
ventilation of foul odors escaping sewer manhole covers. Manhole covers were sealed to reduce the potential odor from escaping the collection system.
All Odor Complaints Tracking
Oct. 2020 to Dec. 2020 1st Qtr FY 20/21
2nd Qtr FY 20/21
3rd Qtr FY 20/21
4th Qtr FY 20/21
Cumulative FY 20/21
All Public Complaints Collections P1 P2 Total Total Total Total Total
Attributable to OCSD 4 0 2 6 6 12
Not Attributable to OCSD 2 2 1 4 5 9
Total Public Complaints Received: 6 2 3 10 11 21
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1440 Agenda Date:2/3/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PLANT NO. 1 BUILDING 5/6 UNINTERRUPTIBLE POWER SUPPLY REPLACEMENT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Purchase Order Contract for the purchase and installation of a replacement
uninterruptible power supply system for Plant No. 1 Building 5/6, using the U.S. Communities
Master Agreement No. EV2370, to Graybar Electric for an amount not to exceed $92,362, plus
Sales Tax and Freight (FOB Destination); and
B. Approve a contingency of $9,236 (10%).
BACKGROUND
The Orange County Sanitation District’s (Sanitation District)Building 5/6 contains office space for
approximately 60 Maintenance Technicians and staff members.The building is constructed with an
uninterruptible power supply (UPS)system to condition power quality and mitigate the impact of
momentary or short-duration power interruptions.
RELEVANT STANDARDS
·Protect OC San assets
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
PROBLEM
The existing Building 5/6 UPS system is obsolete,has failed,and is currently operating in bypass
mode.This places computer servers and communication networks feeding Building 5/6 at risk of
system transients or outages potentially impacting daily operations.
PROPOSED SOLUTION
Staff recommends replacing the existing obsolete UPS system and batteries with a new turn-key
solution from US Communities/Graybar.The new UPS system will reduce risk of a power related
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File #:2021-1440 Agenda Date:2/3/2021 Agenda Item No:5.
emergency condition and provide increased reliability and maintainability.
TIMING CONCERNS
Without the replacement UPS system,the daily functioning of Building 5/6 servers and
communication networks are prone to interruptions that impact daily operations of staff.
RAMIFICATIONS OF NOT TAKING ACTION
Not taking action will impact the reliability of servers and communication networks in the event of
power failure.
ADDITIONAL INFORMATION
The scope of this project covers replacement of the existing Toshiba UPS system including external
bypass switches with a new UPS system,batteries,and bypass switches.A 10%contingency has
been requested to cover any unforeseen issues during replacement of obsolete equipment.
CEQA
UPS replacement is categorically exempt from CEQA under the Class 1 categorical exemptions set
forth in California Code of Regulations Section 15301.Section 15301 (Class 1)exempts from CEQA
“the operation,repair,maintenance,permitting,leasing,licensing,or minor alteration of existing
public or private structures,facilities,mechanical equipment,or topographical features,involving
negligible or no expansion of existing or former use,”including “(b)Existing facilities of both investor
and publicly-owned utilities used to provide electric power,natural gas,sewerage,or other public
utility services”.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation’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
02/24/2021 $92,362 $9,236 (10%)
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
N/A
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1343 Agenda Date:2/3/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A.Approve a Professional Design Services Agreement with Woodard & Curran, Inc. to provide
engineering services for Taft Branch Improvements, Project No. 2-49, for an amount not to
exceed $2,200,000; and
B.Approve a contingency of $220,000 (10%).
BACKGROUND
The Orange County Sanitation District (Sanitation District)owns and maintains regional conveyance
facilities in the City of Orange,including the 60-year-old 12 to 18-inch diameter Taft Branch sewer.
The Taft Branch runs approximately 13,000 feet from the intersection of Santiago Blvd.and Meats
Ave. to the intersection of Batavia St. and Taft Ave.
RELEVANT STANDARDS
·Achieve less than 2.1 sewer spills per 100 miles
·Protect OC San assets
·California Government Code §4526:Select the “best qualified firm”and “negotiate fair and
equitable fees”
PROBLEM
The 2019 Master Plan Update (Collections Capacity Evaluation Study)determined the Taft Branch
does not have enough capacity under peak wet weather conditions.Additionally,the current sewer
alignment has restricted maintenance access where it crosses under the 55 Freeway just south of
Meats Ave. and adjacent to residential and Orange County Flood Control properties.
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File #:2020-1343 Agenda Date:2/3/2021 Agenda Item No:6.
PROPOSED SOLUTION
Award a Professional Design Services Agreement for Taft Branch Improvements,Project No.2-49.
The project will eliminate the current capacity deficiencies and improve maintenance access.The
engineering effort will include an evaluation of alternative sewer alignments and construction
methods.
TIMING CONCERNS
The schedule driver of this project is to resolve the capacity deficiencies to reduce the risk of
potential spills during wet weather events and improve the current restricted maintenance access.
RAMIFICATIONS OF NOT TAKING ACTION
Increased risk of spills during wet weather events due to capacity deficiencies.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
Consultant Selection:
The Sanitation District requested and advertised for proposals for Taft Branch Improvements,Project
No.2-49,on August 27,2020.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 35%
Project Team and Staff Qualifications 30%
Eight proposals were received on October 19,2020 and evaluated in accordance with the evaluation
process set forth in the Sanitation District’s 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 Manager.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 tableOrange County Sanitation District Printed on 1/27/2021Page 2 of 5
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The Evaluation Team scored the proposal on the established criterion as summarized in the table
below:
Proposer Project Understanding
and Approach (Max. 35
Points)
Related Project
Experience
(Max. 35 Points)
Project Team and
Staff Qualifications
(Max. 30 Points)
Total
Score
(Max. 100
Points)
1 Woodard &
Curran, Inc.
27 29 23 79
2 Michael Baker
International
25 27 22 74
3 CDM Smith Inc.22 20 22 64
4 HDR
Engineering,
Inc.
25 21 18 64
5 Gannett
Fleming, Inc.
21 22 20 63
6 GHD Inc.19 20 17 56
7 Carollo
Engineers, Inc.
13 15 13 41
8 Atkins North
America, Inc.
10 13 12 35
Following scoring,the five highest-scoring firms were invited for interviews.The interviews were
conducted on November 18,2020.After the interviews,the Evaluation Team determined the highest-
scoring proposer based on both the written proposal and the interview.Below is the summary of the
final scores.
Proposer Project Understanding
and Approach (Max. 35
Points)
Related Project
Experience
(Max. 35 Points)
Project Team and
Staff Qualifications
(Max. 30 Points)
Total
Score
(Max. 100
Points)
1 Woodard &
Curran, Inc.
32 32 26 90
2 CDM Smith Inc.27 27 25 79
3 Michael Baker
International
25 23 20 68
4 HDR
Engineering,
Inc.
20 18 16 54
5 Gannett
Fleming, Inc.
18 18 17 53
Woodard and Curran,Inc.was selected based on their superior understanding of the goals of the
project.The firm presented multiple solutions and conveyed a deep understanding of the hydraulic
limitations of the sewer system and the public impacts of the solutions presented.The proposal and
interview demonstrated the team’s in-depth knowledge of topics such as CEQA approvals for
potential new alignments and constructability risks that were not apparent nor addressed by otherOrange County Sanitation District Printed on 1/27/2021Page 3 of 5
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potential new alignments and constructability risks that were not apparent nor addressed by other
proposers.The team members have project experience related to both trenchless and open cut
sewer projects that is 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 Woodard and Curran,Inc.to clarify the requirements of the Scope
of Work,the assumptions used for the estimated level of effort,and the proposed approach to meet
the goals and objectives for the project.Negotiations were held with multiple follow up e-mails and
calls.During negotiations,the Scope of Work was reviewed in detail and certain areas were
identified that could be adjusted to increase efficiency.The fee decreased due to combining multiple
design memos and meetings,reduction in the number of potholes,reduction in the number of design
plan sheets,and elimination of additional flow monitoring currently being conducted by the Sanitation
District to capture wet weather flows.
Original Fee
Proposal
Negotiated Fee
Total Hours 7,888 5,684
Total Fee $2,942,059 $2,200,000
The Consultant’s fringe and overhead costs,which factor into the billing rate,have been
substantiated.The contract profit is 8.38%,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 Woodard and Curran, Inc.
CEQA
The Project is included in the 2020 Facilities Master Plan,Program Environmental Impact Report
(PEIR),State Clearinghouse Number 2019070998.The PEIR was certified by the Sanitation District
Board of Directors in December 2020.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District’s Purchasing Ordinance.This
item has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 17,
Taft Branch Improvements,Project No.2-49)and the budget is sufficient for the recommended
action.
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ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Draft Professional Design Services Agreement
·Presentation
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PDSA PROJECT NO. 2-49
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Page 1 of 19
PROFESSIONAL DESIGN SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into to be effective the «date» day of «Month», «year» by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter
referred to as "SANITATION DISTRICT", and «CONSULTANT COMPANY», for purposes of this Agreement hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT for Taft Branch Improvements, Project No. 2-49; and to provide Design services for the upsizing of 12-inch to 21-inch VCP sewer, manhole rehabilitation, sewer modeling and designing maintenance access to manholes and, WHEREAS, CONSULTANT is qualified to provide the necessary services in connection with these requirements and has agreed to provide the necessary professional services; and,
WHEREAS, the SANITATION DISTRICT has adopted procedures for the selection of professional services and has proceeded in accordance with said procedures to select a CONSULTANT to perform this work; and,
WHEREAS, at its regular meeting on «Board Meeting Date» the Board of Directors, by Minute Order, accepted the recommendation of the Operations Committee 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. B. CONSULTANT is responsible for the quality of work prepared under this Agreement and shall ensure that all work is performed to the standards of best engineering practice for clarity, uniformity, and completeness. CONSULTANT
PDSA PROJECT NO. 2-49
Revised 072619 TAFT BRANCH IMPROVEMENTS
Page 2 of 19
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. F. All professional services performed by the CONSULTANT, including but not limited to all drafts, data, correspondence, proposals, reports, and estimates
PDSA PROJECT NO. 2-49
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Page 3 of 19
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 «Grand Total Written Amount» Dollars ($«Grand Total Amount»). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead,
profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal.
B. Labor As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT charged on an hourly-rate basis to this project and paid to the personnel of CONSULTANT. Upon request of the SANITATION DISTRICT, CONSULTANT shall provide the SANITATION DISTRICT with certified payroll records of all employees’ work that is charged to this project. C. Overhead As a portion of the total compensation to be paid to CONSULTANT, the SANITATION DISTRICT shall compensate CONSULTANT and Subconsultants
for overhead at the rate equal to the percentage of burdened labor as specified in Attachment “E” - Fee Proposal.
D. Profit Profit for CONSULTANT and Subconsultants shall be a percentage of consulting
services fees (Burdened Labor and Overhead). When the consulting or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees.
PDSA PROJECT NO. 2-49
Revised 072619 TAFT BRANCH IMPROVEMENTS
Page 4 of 19
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 [If there are no Subconsultants under $100K, delete this phase ‘per attached hourly rate schedule’.] 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 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
PDSA PROJECT NO. 2-49
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Page 5 of 19
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 own risk. This written notice shall be provided separately from, and in addition to any notification requirements contained in the CONSULTANT’s invoice and
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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. 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
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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, CONSULTANT and Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR.
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B. The CONSULTANT and Subconsultants shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall
submit payroll records to the Labor Commissioner pursuant to Labor Code Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776.
C. Pursuant to Labor Code Section 1776, the CONSULTANT and Subconsultants shall furnish a copy of all certified payroll records to 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. 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 VIII, or better, in accordance with the most current A.M. Best’s Guide Rating. However, the SANITATION DISTRICT will accept
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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 ½ 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) per occurrence or alternatively, Five Hundred Thousand Dollars ($500,000) per person for bodily injury, One Million Dollars ($1,000,000) per accident for bodily injury and Five Hundred Thousand Dollars ($500,000) per accident for property
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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. In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement.
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CONSULTANT shall provide to 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 (General Liability)
(ISO Form) CG2010 11 85 or The combination of (ISO Forms) CG 2010 10 01 and CG 2037 10 01 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 (Auto Liability)
Submit endorsement provided by carrier for the
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. 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
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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.
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.
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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. 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
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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
Notices shall be mailed to CONSULTANT at:
«CONSULTANT COMPANY» «Street Address»
«City, State Zip» Attention: «CONSULTANT’s Representative»
All communication regarding the Scope of Work, will be addressed to the Project Manager. Direction from other SANITATION DISTRICT’s staff must be approved in writing by the SANITATION DISTRICT’s Project Manager prior to action from the CONSULTANT.
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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. 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.
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19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS
If any action at law or in equity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary
disbursements in addition to any other relief to which it may be entitled. 20. PROGRESS REPORTS Monthly progress reports shall be submitted for review by the tenth day of the following month and must include as a minimum: 1) current activities, 2) future activities, 3) potential items that are not included in the Scope of Work, 4) concerns and possible delays, 5) percentage of completion, and 6) budget status. 21. WARRANTY
CONSULTANT shall perform its services in accordance with generally accepted industry and professional standards. If, within the 12-month period following completion of its services, 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 CONSULTANT in carrying out its obligations under this Agreement to the extent of the negligent, recklessness and/or willful misconduct of CONSULTANT, its principals,
officers, agents, employees, CONSULTANT’s suppliers, CONSULTANT, Subconsultants, subcontractors, and/or anyone employed directly or indirectly by any of them, regardless of any contributing negligence or strict liability of an Indemnified Party. Notwithstanding the foregoing, nothing herein shall be construed to require CONSULTANT to indemnify the Indemnified Parties from any Claim arising solely from: (A) the active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or
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(C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor
CONSULTANT’s supplier, CONSULTANT, Subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them.
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder. CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to 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.
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.
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25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES
CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures including the OCSD Safety Standards, as applicable, all of which may be amended from time to time. 26. CLOSEOUT When the SANITATION DISTRICT determines that all Work authorized under the Agreement is fully complete and that the SANITATION DISTRICT requires no further work from CONSULTANT, or the Agreement is otherwise terminated or expires in accordance with the terms of the Agreement, the SANITATION DISTRICT shall give the Consultant written notice that the Agreement will be closed out. CONSULTANT shall submit all outstanding billings, work submittals, deliverables, reports or similarly related documents as required under the Agreement within thirty (30) days of receipt of notice of Agreement closeout.
Upon receipt of CONSULTANT’s submittals, the SANITATION DISTRICT shall commence a closeout audit of the Agreement and will either:
i. Give the CONSULTANT a final Agreement Acceptance: or
ii. Advise the CONSULTANT in writing of any outstanding item or items which must be furnished, completed, or corrected at the CONSULTANT’s cost. CONSULTANT shall be required to provide adequate resources to fully support any administrative closeout efforts identified in this Agreement. Such support must be provided within the timeframe requested by the SANITATION DISTRICT. Notwithstanding the final Agreement Acceptance the CONSULTANT will not be relieved of its obligations hereunder, nor will the CONSULTANT be relieved of its obligations to complete any portions of the work, the non-completion of which were not disclosed to the SANITATION DISTRICT (regardless of whether such nondisclosures were
fraudulent, negligent, or otherwise); and the CONSULTANT shall remain obligated under all those provisions of the Agreement which expressly or by their nature extend beyond and survive final Agreement Acceptance.
Any failure by the SANITATION DISTRICT to reject the work or to reject the CONSULTANT’s request for final Agreement Acceptance as set forth above shall not be
deemed to be acceptance of the work by the SANITATION DISTRICT for any purpose nor imply acceptance of, or agreement with, the CONSULTANT’s request for final Agreement Acceptance. 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. 2-49
Revised 072619 TAFT BRANCH IMPROVEMENTS
Page 19 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT, by its officers thereunto duly authorized, and CONSULTANT as of the day and year
first above written.
CONSULTANT: COMPANY NAME
By __________________________________________________ Date __________________________________________________ Printed Name & Title ORANGE COUNTY SANITATION DISTRICT
By __________________________________________________ David John Shawver Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date Clerk of the Board
By __________________________________________________ Ruth Zintzun Date Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work Attachment “B” – Labor Hour Matrix Attachment “C” – Conflict of Interest Disclaimer Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Professional Design Services Agreement (PDSA)
Attachment “G” – Acknowledgement of PDSA Attachment “H” – Professional Construction Services Agreement (PCSA) Attachment “I” – Cost Matrix and Summary Attachment “J” – Acknowledgement of Addenda Receipt Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – OCSD Safety Standards
1/27/2021
1
Taft Branch Improvements,
Project No. 2‐49
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
February 3, 2021
Design Contract Award
Project Location –City of Orange
Tu
s
t
i
n
St
Meats Ave
55
2
Sh
a
f
f
e
r
St
Taft Branch Sewer
Taft Ave
Taft Elementary
1
2
1/27/2021
2
Existing Taft Branch Sewer
3
Existing sewer
alignments
adjacent to the
55 Freeway
55 Freeway
Crossing
Meats Ave
Selection Process
• Eight proposals received
• Interviewed five highest scoring firms
• Woodard and Curran, Inc. selected
• Clear understanding of the project• Deep understanding of the hydraulic limitations and public impacts
• Experienced project team
4
3
4
1/27/2021
3
• Multiple meetings held with Consultant
• Clarified project elements and design assumptions
• Ensured scope and level of effort are appropriate
• Combined meetings and deliverables to increase efficiency and decrease fee
• Confirmed schedule and deliverables
Negotiations
Original Proposal Negotiated
Total Hours 7,888 5,684
Total Fee $2,942,059 $2,200,000
5
• Approve a Professional Design Services
Agreement with Woodard and Curran, Inc.
to provide engineering services for Taft
Branch Improvements, Project No. 2-49, for
an amount not to exceed $2,200,000; and
• Approve a contingency of $220,000 (10%).
Recommendation
6
5
6
1/27/2021
4
Questions
?
7
7
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1344 Agenda Date:2/3/2021 Agenda Item No:7.
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:
A. Consider, receive, and certify the Environmental Impact Report for the Bay Bridge Pump
Station and Force Mains Replacement Project, Project No. 5-67, dated January 2021; and
B. Adopt Resolution No. OC SAN 21-XX, entitled: “A Resolution of the Board of Directors of the
Orange County Sanitation District Certifying the Environmental Impact Report for the Bay
Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67; Adopting the
Mitigation Monitoring Program; and Approving the Bay Bridge Pump Station and Force Mains
Replacement Project, Project No. 5-67”.
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 pump station is critical to the Orange
County Sanitation District’s (Sanitation District)infrastructure as it conveys over half of Newport
Beach’s wastewater.
The pump station space is 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.
The Sanitation District has prepared an Environmental Impact Report (EIR)for the Bay Bridge Pump
Station and Force Mains Replacement Project,Project No.5-67,to analyze the potential
environmental impacts of the project pursuant to the California Environmental Quality Act (CEQA).
RELEVANT STANDARDS
·Listen to and seriously consider community input on environmental concerns
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·Meet CEQA standards
·Maintain collaborative and cooperative relationships with regulators,stakeholders,and
neighboring communities
PROBLEM
To implement the Bay Bridge Pump Station and Force Mains Replacement Project,Project No.5-67,
the Sanitation District is required to comply with CEQA.
PROPOSED SOLUTION
Adopt Resolution No.OC SAN 21-XX certifying the EIR so the project may proceed into design,
construction, and eventual completion.
TIMING CONCERNS
The project is within the preliminary design phase and requires CEQA compliance before final design
can begin.
RAMIFICATIONS OF NOT TAKING ACTION
The project cannot proceed into final design before complying with CEQA.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The project is currently in the preliminary design phase and the Sanitation District plans to advertise
for construction bids by March 2023. Construction is expected to be completed by September 2026.
CEQA
The Sanitation District,as lead agency,prepared an Initial Study analyzing the project's potential
environmental impacts.Based on the Initial Study,the Sanitation District determined that an
Environmental Impact Report was required for the project.The Sanitation District subsequently
issued a Notice of Preparation (NOP)that was made available for a 30-day public review period from
November 10,2016 to December 9,2016.The NOP was also submitted to the State Clearinghouse
(State Clearinghouse No. 2016111031).
A Draft Environmental Impact Report (Draft EIR)was developed and distributed for a 45-day public
review period from June 21,2017 to August 4,2017.A public hearing was held on July 17,2017.
Following negotiations with the owner of the land adjacent to the existing pump station,a Draft
Recirculated Environmental Impact Report (REIR)was developed and distributed for a 45-day public
review period from July 3,2019 to August 16,2019.A public hearing was held on July 29,2019.
Due to comments received,a Draft 2020 Recirculated EIR (REIR)was developed and distributed for
a 45-day public review period from August 7,2020 to September 21,2020.A public hearing was held
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a 45-day public review period from August 7,2020 to September 21,2020.A public hearing was held
on September 3, 2020.
The Final Environmental Impact Report (Final EIR)(State Clearinghouse No.2016111031)found that
the project’s significant environmental impacts can be avoided or reduced to less than significant
levels through the adoption of mitigation measures.These conclusions are supported by findings
that the proposed mitigation measures are feasible and will avoid or substantially reduce any
significant environmental effects of the project.These mitigation measures are described in the
Mitigation Monitoring and Reporting Program prepared for this project which is included in the Final
EIR.Because the project,as mitigated,poses no significant environmental impacts,CEQA does not
require the Sanitation District to make additional findings regarding recommended project alternatives
or adopt a statement of Overriding Considerations in relation to this project.
The Sanitation District received fourteen comments on the Draft 2020 REIR,which are included as
Section 2.0 of the Final EIR.The comments were from the following agencies,organizations,and
members of the public:
Agencies
State of California Governor’s Office of Planning and Research
State of California Department of Transportation, District 12
South Coast Air Quality Management District
California Department of Fish and Wildlife
OC Public Works Service Area/OC Development Services
City of Newport Beach
Organizations
California Cultural Resource Preservation Alliance, Inc.
Linda Isle Community Association
Bayshores Community Association
Nossaman LLP
Irvine Company
Gabrieleno Band of Mission Indians - Kizh Nation
Two Newport Beach Residents
Most of the comments were generally in support of the project,though they also included several
concerns.Many of those comments involved project design decisions or other policy matters that
were unrelated to the environmental review for the project.The environmental concerns,however,
generally included:
•Potential impacts associated with dredging required in the Bay Channel;
•Potential construction impacts including noise, Bay Channel soil-silting, and light and glare;
•The treatment of tribal cultural resources, if any are discovered;
•Potential view impacts;
•The selected alignment of the sewer force-main channel-crossing;
•The potential use of Castaways Park for construction staging; and
•Cooperation with various resource agencies through project implementation.
The Final EIR provides detailed written responses to each of these concerns,among many others.Orange County Sanitation District Printed on 1/27/2021Page 3 of 4
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The Final EIR provides detailed written responses to each of these concerns,among many others.
(CEQA Guidelines section 15088(c).)The Final EIR concludes that these concerns were already
addressed in the EIR and/or will be addressed through the implementation of mitigation measures
identified in the EIR.
The proposed Resolution making the required CEQA findings and certifying the Final EIR and
adopting the Mitigation Monitoring and Reporting Program,is attached for the Board of Directors
consideration and approval.
FINANCIAL CONSIDERATIONS
N/A
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Resolution No. OC SAN 21-XX
·Final and Draft Environmental Impact Report - Exhibit “A” of Resolution No. OC SAN 21-XX
·Presentation
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1143523.1 OC SAN 21-XX-1
1547950.1
RESOLUTION NO. OC SAN 21-XX
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE BAY BRIDGE PUMP STATION AND FORCE MAINS
REPLACEMENT PROJECT, PROJECT NO. 5-67;
ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING THE BAY BRIDGE PUMP STATION AND FORCE MAINS REPLACEMENT PROJECT, PROJECT NO. 5-67
WHEREAS, the Orange County Sanitation District (the "District") is presently considering the approval of a project known as the Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67 (the “Project”);
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq. ("CEQA")) and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), the District, as lead agency, prepared a Draft 2020 Recirculated Environmental Impact Report (“2020 REIR”) (State Clearinghouse Number 2016111031) that reflected the independent judgment of the
District as to the potential environmental impacts of the Project. The 2020 REIR determined that the Project would not have significant impacts on the environment with the incorporation of feasible mitigation measures, and therefore the District has not prepared a Statement of Overriding Considerations for the Project;
WHEREAS, the District has consulted with other public agencies and the general public, and provided such agencies and the public with the opportunity to provide written comments on the Project and the Environmental Impact Report as required by CEQA, including, without limitation, a public review period of 45 days which commenced on August 7, 2020 and ended on September 21, 2020;
WHEREAS, on September 21, 2020, District staff held a public meeting to provide
a further opportunity for public agencies and the general public to comment on the Draft
2020 REIR;
WHEREAS, the District has reviewed the comments received and has responded
in the Final Environmental Impact Report to all significant environmental issues raised
during the public comment period;
WHEREAS, the comments received on the Draft 2020 REIR, either in full or in
summary, together with the District's responses, have been included in the Final
Environmental Impact Report for the proposed Project; and
1143523.1 OC SAN 21-XX-2
1547950.1
WHEREAS, the Final 2020 Environmental Impact Report, including the comments
received by the District on the Draft 2020 REIR, has been presented to the District's Board
of Directors (the "Board") for review and consideration prior to the approval of, and
commitment to, the Project, and the certification of the Final 2020 Environmental Impact
Report, and approval of the Mitigation Monitoring and Reporting Program is consistent
with the provisions of CEQA.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District DOES HEREBY RESOLVE, DETERMINE AND ORDER:
1. The Board of Directors certifies that the Final 2020 Environmental Impact
Report, including comments and responses thereto, has been completed in
compliance with CEQA;
2. The Board of Directors has independently reviewed and considered the Final
Environmental Impact Report together with all comments received during the
public review process;
3. The Final Environmental Impact Report reflects the independent judgment and
analysis of the Board;
4. The Board of Directors adopts the Findings of Fact for the Project attached
hereto as Exhibit A and incorporated herein by reference;
5. The Board of Directors finds on the basis of the whole record before it that there
is no substantial evidence that the Project, as mitigated, will have a significant
impact on the environment;
6. The Board of Directors adopts the Mitigation Monitoring and Reporting Program
(the "MMRP"), included in the Final Environmental Impact Report, to ensure
that all mitigation measures identified in the Mitigated Negative Declaration are
implemented;
7. The Final Environmental Impact Report has been completed in compliance with
the requirements of CEQA and is hereby Certified;
8. The Board of Directors approves the Bay Bridge Pump Station and Force Mains
Rehabilitation Project;
9. The documents and other materials that constitute the record of proceedings
on which the Board of Directors decision is based are located at the District
1143523.1 OC SAN 21-XX-3
1547950.1
Administration Offices, 10844 Ellis Avenue, Fountain Valley, CA 92708 and the
custodian for these documents is the Clerk of the Board; and
10. District staff is authorized and directed to file the Notice of Determination (NOD)
and any other documents in accordance with the requirements of CEQA.
PASSED AND ADOPTED at a regular meeting of the Board of Directors held
February 24, 2021.
________________________________
David John Shawver
Board Chairman
ATTEST:
_____________________________
Kelly A. Lore, MMC Clerk of the Board
APPROVED AS TO FORM:
_____________________________ Bradley R. Hogin General Counsel
1143523.1 OC SAN 21-XX-4
1547950.1
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of the Orange County Sanitation District, do hereby certify that the foregoing Resolution No. OC SAN 21-XX was passed
and adopted at a regular meeting of said Board on the 24th day of February 2021, by the following vote, to wit:
AYES:
NOES: ABSTENTIONS: ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Orange County Sanitation District this 24th day of February, 2021.
Kelly A. Lore, MMC
Clerk of the Board of Directors Orange County Sanitation District
1549939.1
FACTS AND FINDINGS
REGARDING THE
ENVIRONMENTAL EFFECTS FOR THE
BAY BRIDGE PUMP STATION AND
FORCE MAINS REPLACEMENT PROJECT
SCH # 2016111031
Lead Agency:
ORANGE COUNTY SANITATION DISTRICT
10844 Ellis Avenue
Fountain Valley, California 92708
Contact: Mr. Kevin Hadden
714.962.2411
January 2021
1549939.1
This document is designed for double-sided printing to conserve natural resources.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
TABLE OF CONTENTS
1.0 STATEMENT OF FACTS AND FINDINGS ............................................................................. 1
1.1 Introduction ............................................................................................................................ 1
1.2 Description of Proposed Project .......................................................................................... 2
1.3 Effects Determined to be Less Than Significant in the
Initial Study/Notice of Preparation ..................................................................................... 8
1.4 Effects Determined to Have No Impact or be Less Than Significant
in the EIR ............................................................................................................................. 12
1.5 Effects Determined to be Mitigated to Less Than Significant Levels .......................... 16
1.6 Environmental Effects Which Remain Significant and
Unavoidable After Mitigation and Findings ..................................................................... 83
2.0 CERTIFICATION OF THE FINAL EIR ................................................................................... 83
2.1 Findings .................................................................................................................................. 83
2.2 Conclusions ........................................................................................................................... 84
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1.0 STATEMENT OF FACTS AND FINDINGS
1.1 INTRODUCTION
The following statement of facts and findings has been prepared in accordance with the California
Environmental Quality Act (CEQA), including Public Resources Code Section 21081. In the
Statement of Facts and Findings, the Lead Agency identifies a project’s significant impacts, presents
facts supporting the conclusions reached in the analysis, makes findings for each impact, and explains
the reasoning behind the agency’s findings.
CEQA Guidelines Section 15091 (a) provides that:
No public agency shall approve or carry out a project for which an EIR has been certified which identifies one
or more significant environmental effects of the project unless the public agency makes one or more written
findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.
There are three possible findings pursuant to Section 15091 (a) of the CEQA Guidelines.
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and
not the agency making the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment
opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives
identified in the final EIR.
Where a project will cause unavoidable significant impacts, the Lead Agency may still approve a project
where its benefits outweigh the adverse impacts. As provided in the Statement of Overriding
Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against
effects, and approves the project.
It is important to note that the Bay Bridge Pump Station and Force Mains Replacement Project Public Review
Draft 2020 Recirculated Environmental Impact Report (2020 Recirculated EIR) and Bay Bridge Pump Station
and Force Mains Replacement Project Final Environmental Impact Report (Final EIR) (together referenced
herein as the EIR) prepared for the proposed Bay Bridge Pump Station and Force Mains Replacement
Project determined that no significant, unavoidable impacts would occur as a result of Project
implementation. Thus, while the preparation of a Statement of Facts and Findings is not mandatory
under CEQA, it has been prepared by the Orange County Sanitation District (OCSD) as a means of
further documenting impacts determined to be less than significant or less than significant upon
incorporation of mitigation.
Based upon a review of the EIR, OCSD finds that the EIR: (a) has assessed the potentially significant
environmental impacts of the Proposed Project in compliance with CEQA; (b) represents the
independent judgment of OCSD; and (c) sets forth an adequate range of alternatives to this Project.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
OCSD, the CEQA Lead Agency, finds and declares that the proposed Bay Bridge Pump Station and
Force Mains Replacement Project EIR (State Clearinghouse [SCH] No. 201611103) has been
completed in compliance with CEQA and the CEQA Guidelines.
The Final EIR is composed of the following elements:
The Bay Bridge Pump Station and Force Mains Replacement Project Public Review Draft
2020 Recirculated Environmental Impact Report (August 2020);
Responses to Comments;
Errata; and
Mitigation Monitoring and Reporting Program.
The remainder of this document is organized as follows:
1.2 Description of Project Proposed for Approval;
1.3 Effects Determined to be Less Than Significant in the Initial Study/Notice of Preparation;
1.4 Effects Determined to be Less Than Significant or Not Significant in the EIR;
1.5 Effects Determined to be Mitigated to Less Than Significant Levels;
1.6 Environmental Effects Which Remain Significant and Unavoidable After Mitigation and
Findings; and
1.7 Alternatives to the Proposed Project.
1.2 DESCRIPTION OF PROPOSED PROJECT
The Project would replace the existing Bay Bridge Pump Station and associated force mains to bring
the pump station facility and force mains to current design and reliability standards to ensure
continuous service for the Newport Coast service area (“Proposed Project”)1.
Development of the Proposed Project would involve expanding the existing pump station facility site
approximately 100 feet to the west, constructing a new pump station building, and installing force
main improvements across the Newport Bay Channel south of Bay Bridge; refer to 2020 Recirculated
EIR Exhibit 3-4, Proposed Conceptual Site Plan. As shown on 2020 Recirculated EIR Exhibit 3-4, the
total area of potential disturbance proposed for the Proposed Project (yellow Project boundary) is
approximately 800,000 square feet (18 acres).
PUMP STATION
The Proposed Project would involve demolishing the existing pump station building and constructing
new pump station facilities including a pump station, generator, and odor control facilities within and
adjacent to the existing facility; refer to 2020 Recirculated EIR Exhibit 3-5, Adjacent Pump Station
Layout. The new, expanded pump station facility would be approximately 14,500 square feet in site
1 The Proposed Project is referred to as the “Adjacent Pump Station” in the EIR.
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Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
area, as opposed to approximately 4,800 square feet under existing conditions (an increase of
approximately 9,700 square feet). OCSD would be required to negotiate and acquire the adjacent
property for use and access from the property owner (Bayside Village Marina, LLC). It should be
noted that OCSD has assumed a proposed square footage of 14,500 square feet in order to analyze a
conservative scenario in this 2020 Recirculated EIR. This square footage is considered conceptual
and may be subject to downward refinement during final design.
In addition, the new pump station would require the replacement of portions of the existing OCSD
gravity sewer system, which would be constructed to convey wastewater to the new pump station wet
well. These gravity sewer improvements include installing 50 linear feet (LF) of 36- or 42-inch sewer
lines within East Coast Highway and OCSD property.
Primary access to the proposed pump station would be provided via a shared driveway from Bayside
Drive through Bayside Village Marina, LLC property with secondary access via the existing driveway
from East Coast Highway; refer to 2020 Recirculated EIR Exhibit 3-5.
The existing pump station has three large and two smaller duty variable frequency drive (VFD) pumps.
Currently, two of the large VFD pumps (sized at 250 horsepower [HP] each) convey full peak wet
weather flows and one of the smaller duty VFD pumps (50 HP each) conveys low flows. OCSD
recently added the third large standby pump to the existing pump station for additional redundancy
during peak wet weather flow. Therefore, the new pump station would be sized to house all pumps
and provide the desired contingency and redundancy to maintain uninterrupted service. All the
facilities would be placed within the new pump station, including a new pump station building with
an electrical room and a generator building with an odor control facility. The proposed pump station
would include features, architecture, and screening consistent with the Back Bay Landing Planned
Community Development Plan (PCDP) and associated design guidelines to ensure consistency with
surrounding future development.
Pump Station Mechanical Room and Wet Well
The proposed pump station building would be constructed with a below-grade dry-pit mechanical
room, which would house the pumps, motors, and other mechanical equipment, and an above grade
building that would house the electrical equipment, instrumentation, control equipment, and
restroom. An underground wet well would be constructed adjacent to the mechanical room in an
orientation similar to the existing pump station. A total of five VFD pumps would be installed to
meet existing peak flow of 18.2 million gallons per day (MGD) and provide required
contingency/redundancy, similar to the existing pump station.
Pump Station Electrical Room
The electrical room associated with the proposed pump station would be located above the mechanical
room referenced above. Ancillary equipment within the electrical room would include electrical
breakers, lighting control panel, closed-circuit television equipment, work areas, and storage space.
Pump Station Generator Facility
A 760-square foot backup generator facility would be built adjacent to the proposed pump station
building. A 750-kilowatt diesel backup generator would be provided to handle the power requirement
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
of the new pump station running at full capacity should Sothern California Edison power go down.
The backup generator would have a two-hour day tank and be paired with a fuel tank which would
allow the pump station to run on backup power for approximately 24 hours of operational
redundancy.
Pump Station Odor Control
A new 1,300-square foot odor control facility would be built adjacent to the new pump station within
the same building as the generator facility. It would hold a multi-stage vapor-phase odor control
scrubber system, which would remove odorous compounds from the incoming waste stream. Two
10-foot diameter tanks would accommodate liquid phase odor control. Anticipated chemicals to be
utilized and/or stored at the odor control facility include bioxide, magnesium hydroxide, ferric
chloride, and/or pure oxygen; however, it is acknowledged that the specific chemicals used for odor
control purposes may change depending on the availability of technologies at a given time, such as
other chemicals with potentially increased effectiveness, and compliance with Federal, State, and local
laws and regulations for the handling/storage/use of such hazardous materials, such as restrictions on
which chemicals may be transported on local or regional roadways.
FORCE MAIN IMPROVEMENTS
The Proposed Project would connect to the existing OCSD force main system to the west by installing
1,500 LF of dual force mains (up to 32 inches in diameter) across the Newport Bay Channel south of
Bay Bridge. The Project would involve microtunneling or open trench cutting under East Coast
Highway, to the southside of the bridge, where dredging would occur under Newport Bay Channel.
Dredging involves placement of a dredge (boat) with a submersible pump to suction out sediments at
the bottom of the Newport Bay Channel. Microtunneling is a remote-controlled, continuously
supported pipe jacking method. Microtunneling operations are managed by an operator in an above
ground control container alongside of the shaft. Soil excavation takes place by way of infusing the
soil with slurry at the face of the bore and cuttings are forced into slurry inlet holes in the
Microtunneling Bore Machines crushing cone for circulation to and from a separation plant through
a closed system. Areas where the pipe is microtunneled may require a casing pipe as large as 72 inches
in diameter, which has been evaluated throughout this EIR as a worst-case scenario.
Portions of the adjacent private property (currently a RV storage area) and Lower Castaways Park
could be temporarily utilized for construction staging, if these areas are available during construction
of the Proposed Project; refer to Construction, below.
ACCESS, EASEMENTS, AND PROPERTY ACQUISITION
Development of the Proposed Project would require approval of easements, permits, and property
acquisitions potentially including, but not limited to:
City of Newport Beach
Temporary easement for potential construction staging at Lower Castaways Park;
Caltrans
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1549939.1
Encroachment permit for construction activities occurring on Coast Highway;
Bayside Village Marina, LLC
Fee acquisition for the new pump station site;
Temporary and permanent easement for construction and operational access to the Project
site;
The Irvine Company
Temporary and permanent easement for construction and operational access to proposed
force mains; and
Bay Shores Community Association
Temporary and permanent easement for construction and operational access to proposed
pipelines on the west side of the Newport Bay Channel.
CONSTRUCTION
Construction activities associated with the Proposed Project, including pump station improvements,
gravity sewer improvements, and force main installation (via open trenching and/or microtunneling
and dredging), would encompass work areas on both sides of the Newport Bay Channel as illustrated
on 2020 Recirculated EIR Exhibit 3-6, Adjacent Pump Station Work Areas. Construction activities would
occur during weekdays (between 7:00 a.m. and 6:30 p.m.) and Saturdays (between 8:00 a.m. and 6:00
p.m.), unless otherwise directed by the City of Newport Beach (pursuant to City Municipal Code
Section 10.28.040(D)(2)). However, it is acknowledged that due to the nature of microtunneling
installation, microtunneling is anticipated and assumed to occur 24 hours per day; As explained in the
EIR, it would take approximately two months to microtunnel across East Coast Highway.
Pump Station
The Proposed Project improvements would require approximately 4,200 cubic yards of cut and 700
cubic yards of fill. As noted above, the existing pump station facility would remain in service until the
new facilities have been constructed and commissioned. Once the new pump station is placed in
service, the existing pump station would be taken out of service and demolished. Construction access
would be provided via a driveway to the property along the west side of Bayside Drive. Any temporary
construction access through private property would be negotiated between OCSD and the property
owner.
In addition, modifications to the existing gravity sewer system would be required to route gravity
sewage flows to the new pump station’s wet well. These pipes would be installed via open trench
excavation along East Coast Highway; refer to 2020 Recirculated EIR Exhibit 3-7, Adjacent Pump
Station Construction.
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Force Main Improvements
The Proposed Project’s force main improvements across East Coast Highway would require either
microtunneling beneath the roadway or open cut trenching approximately 150 linear feet across the
roadway as shown on 2020 Recirculated EIR Exhibit 3-7. The force mains would then be installed
across the Newport Bay Channel via dredging, possibly with a coffer dam. This construction method
would require trenching approximately 700 feet long by 15 feet wide by 18 feet deep across the
Newport Bay Channel. Trenching would occur in two segments across the channel, a 400-foot
segment and a 300-foot segment. Each segment would be drained then trenched. Shoring of the
walls may be required to lay down the dual force mains. Dredging would require approximately 4,450
cubic yards of cut and 3,870 cubic yards of fill. These construction activities would take approximately
six months.
Temporary Lane Closures
Construction of the Proposed Project would require the following temporary lane closures:
East Coast Highway: Temporary closure of traffic lane(s) to allow for construction of the gravity
sewer improvements and installation of force mains (if microtunneling is not used) for
approximately 131 non-consecutive days over the Project’s 36-month construction period. A
minimum of one travel lane in each direction would remain open at all times.
West Coast Highway: Temporary closure of one eastbound lane of traffic and bus turnout area
to allow for connection of the two force mains to the existing system for approximately 33
consecutive days during the Project’s 36-month construction period.
OCSD would be required to develop a Traffic Control Plan for review and approval by Caltrans and
the City of Newport Beach, respectively, to ensure continuous access to surrounding routes and uses.
GOALS AND OBJECTIVES
Pursuant to Section 15124(b) of the CEQA Guidelines, the EIR project description must include “[a]
statement of objectives sought by the Proposed Project. The statement of objectives should include
the underlying purpose of the project.”
As noted above, the Bay Bridge Pump Station is critical to OCSD operations as it conveys
approximately 50 to 60 percent of the total Newport Beach wastewater flow through the pump station
and these force mains. Because the Bay Bridge Pump Station and associated force mains are critical
elements to OCSD’s Newport Coast collection backbone, it is imperative that the facility be upgraded
to ensure continuous service to the community and avoid spills for the next design lifespan (an
additional 50 years).
The Proposed Project’s goals and objectives are as follows:
1. Increase reliability since the existing Bay Bridge Pump Station is over 50 years old, outdated,
and no longer meets structural, electrical, or maintenance standards. In addition, since the
existing force mains are located under the Newport Bay Channel, thorough inspection to
predict the remaining life span is not possible. Thus, replacement of the force mains would
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reduce the risk of failure and prevent possible releases of sewage into the Newport Bay
Channel;
2. Increase safety for OCSD Operations & Maintenance personnel by selecting an entry to and
exit from the site that can be accessed more easily and safely by maintenance crews and
drivers. The existing pump station is accessed directly from East Coast Highway, where
adjacent traffic creates safety hazards for OCSD vehicles. Maintenance trucks must
currently back into oncoming traffic to exit the site; and
3. Improve odor control through a new odor control facility, which houses a vapor-phase odor
control scrubber system that would remove odorous vapors from the incoming waste system
as well as two 10-foot diameter tanks to accommodate liquid phase odor control.
PERMITS AND APPROVALS
The applicable agency approvals and related environmental review/consultation requirements
associated with the Proposed Project may include the following, among others. It is not anticipated
that any other agencies would require use of the EIR in their decision-making process.
CEQA Clearance – OCSD;
Site Development Review Permit – City of Newport Beach;
Limited Term Permit – City of Newport Beach;
Encroachment Permits – City of Newport Beach and Caltrans;
Permanent/Temporary Easements – City of Newport Beach, Bayside Village Marina, LLC,
The Irvine Company, and Bay Shores Community Association;
Traffic Control Plan Approval – City of Newport Beach and Caltrans;
Coastal Development Permit – California Coastal Commission and City of Newport Beach
(as required under the California Coastal Act, Public Resources Code Division 20);
California State Lands Commission – Consultation with the County of Orange regarding
implementation of Newport Bay Channel force main crossing through tidelands and
submerged lands;
California Department of Fish and Wildlife – Consultation regarding implementation of
Newport Bay Channel force main crossing;
National Marine Fisheries Service – Dry dredging/shoring construction activities;
Section 404 Permit – Army Corps of Engineers (required for dry dredging/shoring
construction activities);
Section 401 Permit – Santa Ana Regional Water Quality Control Board (required for dry
dredging/shoring construction activities);
Permit R8-2015-0004 – Santa Ana Regional Water Quality Control Board;
General Construction Permit – Santa Ana Regional Water Quality Control Board (as required
under National Pollutant Discharge Elimination System [NPDES] General Permit for Storm
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Water Discharges Associated with Construction and Land Disturbance Activities (Order No.
2009-0009-DWQ [as amended by 2010-0014-DWQ and 2012-006-DWQ], NPDES Number
CAS000002); and
Permit to Construct (P/C) and Permit to Operate (P/O) – South Coast Air Quality
Management District.
1.3 EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN
THE INITIAL STUDY/NOTICE OF PREPARATION
OCSD prepared an Initial Study/Notice of Preparation for the Proposed Project to determine
potentially significant effects of the Proposed Project. The Initial Study/Notice of Preparation was
circulated for public review from November 10, 2016 through December 9, 2016. In the course of
this evaluation, certain impacts of the Proposed Project were found to be less than significant due to
the inability of a project of this scope to create such impacts or the absence of project characteristics
producing effects of this type. The following effects were determined not to be significant, and were
not analyzed in the 2020 Recirculated EIR; refer to Appendix 11.1, Initial Study/Notice of Preparation
and Comment Letters of the 2020 Recirculated EIR. As such, the Project would not result in
significant impacts involving the following:
AGRICULTURE AND FOREST RESOURCES
Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,
to non-agricultural use.
Conflict with existing zoning for agricultural use, or a Williamson Act contract.
Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section 51104(g)).
Result in the loss of forest land or conversion of forest land to non-forest use.
Involve other changes in the existing environment which, due to their location or nature, could result in conversion of
Farmland, to non-agricultural use or conversion of forest land to non-forest use.
BIOLOGICAL RESOURCES
Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation plan.
CULTURAL RESOURCES
Disturb any human remains, including those interred outside of formal cemeteries.
GEOLOGY AND SOILS
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Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving
rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning
Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. Refer to
Division of Mines and Geology Special Publication 42.
Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving
landslides.
Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of waste water.
HAZARDS AND HAZARDOUS MATERIALS
Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school.
For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project result in a safety hazard for people residing or working
in the project area.
For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing
or working in the project area.
Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.
HYDROLOGY AND WATER QUALITY
Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would
be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-
existing nearby wells would drop to a level which would not support existing land uses or planned uses for which
permits have been granted).
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in
flooding on-site or off-site.
Otherwise substantially degrade water quality.
Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map.
Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a
result of the failure of a levee or dam.
Inundation by seiche, tsunami, or mudflow.
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LAND USE AND RELEVANT PLANNING
Physically divide an established community.
Conflict with any applicable habitat conservation plan or natural community conservation plan.
MINERAL RESOURCES
Result in the loss of availability of a known mineral resource that would be of value to the region and the residents
of the state.
Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan.
NOISE
For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport, would the project expose people residing
or working in the project area to excessive noise levels.
For a project within the vicinity of a private airstrip, would the project expose people residing or working in the
project area to excessive noise levels.
POPULATION AND HOUSING
Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through extension of roads or other infrastructure).
Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere.
Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.
PUBLIC SERVICES
Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental
facilities, need for new or physically altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives
for any of the public services:
Fire protection.
Police protection.
Schools.
Parks.
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Other public facilities.
RECREATION
Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be accelerated.
Include recreational facilities or require the construction or expansion of recreational facilities which might have an
adverse physical effect on the environment.
TRANSPORTATION/TRAFFIC
Conflict with an applicable congestion management program, including, but not limited to level of service standards
and travel demand measures, or other standards established by the county congestion management agency for
designated roads or highways.
Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that
results in substantial safety risks.
UTILITIES AND SERVICE SYSTEMS
Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board.
Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,
the construction of which could cause significant environmental effects.
Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental effects.
Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or
expanded entitlements needed.
Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs.
Comply with federal, state, and local statutes and regulations related to solid waste.
1.4 EFFECTS DETERMINED TO HAVE NO IMPACT OR BE LESS
THAN SIGNIFICANT IN THE EIR
The 2020 Recirculated EIR found that the Proposed Project would result in no impacts or less than
significant impacts on a number of environmental topic areas. A no impact or a less than significant
environmental impact determination was made for each of the topical impact areas listed below.
It is acknowledged that after circulation of the Initial Study/Notice of Preparation (in 2016), the
California Natural Resources Agency updated the CEQA Guidelines, which included changes to
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Appendix G, Environmental Checklist Form. The 2020 Recirculated EIR utilized the amended Appendix
G thresholds of significance.
NO IMPACT
Hazards and Hazardous Materials
For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people
residing or working in the project area.
Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving
wildland fires.
Hydrology and Water Quality
Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project
may impede sustainable groundwater management of the basin.
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the
rate or amount of surface runoff in a manner which would result in flooding on-site or off-site.
Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of
a stream or river or through the addition of impervious surfaces, in a manner which would impede or redirect flood
flows.
In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.
Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management
plan.
Noise
For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has
not been adopted, within two miles of a public airport or public use airport, would the project expose people residing
or working in the project area to excessive noise levels.
Population and Housing
Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through extension of roads or other infrastructure).
Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing
elsewhere.
Utilities and Service Systems
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Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could
cause significant environmental effects.
Have sufficient water supplies available to serve the project and reasonably foreseeable future development during
normal, dry and multiple dry years.
Comply with Federal, State, and local management and reduction statutes and regulations related to solid waste.
Wildfire
Substantially impair an adopted emergency response plan or emergency evacuation plan.
Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to,
pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.
Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water
sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary ongoing impacts
to the environment.
Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a
result of runoff, post-fire slope instability, or drainage changes.
LESS THAN SIGNIFICANT
Aesthetics/Light and Glare
Scenic Views and Vistas. Project implementation would not have a substantial adverse effect on a scenic view
or vista.
Cumulative Scenic Views and Vista: The Proposed Project, combined with other related cumulative
projects, would not have an adverse effect on a scenic vista.
Air Quality
Short-Term (Construction) Air Emissions. Short-term construction activities associated with the
Proposed Project would not result in increased air pollutant emissions impacts.
Long-Term (Operational) Impacts. Implementation of the Proposed Project would not result in increased
impacts pertaining to operational air emissions.
Localized Emissions. Implementation of the Proposed Project would not result in localized emissions that
may expose sensitive receptors to substantial pollutant concentrations.
Consistency with Regional Plans. Implementation of the Proposed Project would not conflict with or
obstruct implementation of the applicable air quality plan.
Odor Impacts. Construction and operation of the Proposed Project would not create objectionable odors affecting
a substantial number of people.
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Short-Term (Construction) Cumulative Air Emissions. Short-term construction activities associated
with the Proposed Project and other cumulative projects would not result in increased air pollutant emission impacts.
Long-Term (Operational) Cumulative Air Emissions. Proposed Project and other related cumulative
projects would not result in increased impacts pertaining to operational air emissions.
Cumulative Localized Emissions. Implementation of the Proposed Project would not result in cumulative
localized emissions that would expose sensitive receptors to substantial pollutant concentrations.
Cumulative Consistency with Applicable Air Quality Plans. Development associated with the
Proposed Project and other cumulative projects would not conflict with or obstruct implementation of the applicable
air quality plan.
Cumulative Odor Impacts. Development associated with the Proposed Project and related cumulative projects
would not result in increased impacts pertaining to odors.
Cultural Resources
Historical Resources. Development associated with implementation of the Proposed Project would not result
in significant impacts to historical resources within the project site.
Cumulative Historical Resources. The Proposed Project, combined with other related cumulative projects,
would not result in significant cumulative impacts to historical resources.
Energy
Energy Consumption. The project would not result in wasteful, inefficient, or unnecessary consumption of
energy resources.
Conflict With Applicable Energy Plans. The project would not conflict with or obstruct a State or local
plan for renewable energy or energy efficiency.
Energy Consumption (Cumulative). The Proposed Project, combined with other related cumulative
projects, would not result in wasteful, inefficient, or unnecessary consumption of energy resources.
Conflict With Applicable Energy Plans (Cumulative). The Proposed Project, combined with other
related cumulative projects, would not conflict with or obstruct a State or local plan for renewable energy or energy
efficiency.
Geology and Soils
Strong Seismic Ground Shaking. The project would not be subject to potential substantial adverse effects
involving strong seismic ground shaking.
Seismic-Related Ground Failure. The project would not expose people or structures to potential substantial
adverse effects involving seismic-related ground failure.
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Soil Erosion. The project would not result in substantial soil erosion or the loss of topsoil.
Expansive Soils. The proposed development would not be located on expansive soil, creating substantial risks
to life or property.
Greenhouse Gas Emissions
Greenhouse Gas Emissions. Greenhouse gas emissions generated by the project would not have a significant
impact on global climate change.
Consistency With Applicable Greenhouse Gas Plans, Policies or Regulations.
Implementation of the Proposed Project would not conflict with an applicable greenhouse gas reduction plan, policy,
or regulation.
Cumulative Impacts. Greenhouse gas emissions generated by the Proposed Project and other related cumulative
projects would not have a significant impact on global climate change.
Hydrology and Water Quality
Long-Term Operational Impacts. Long-term operation of the Proposed Project would not result in
increased runoff amounts and degraded water quality.
Land Use and Planning
Southern California Association of Governments (SCAG). The Proposed Project would not conflict
with SCAG’s regional planning efforts adopted for the purpose of avoiding or mitigating an environmental effect.
City of Newport Beach General Plan. The Proposed Project would not conflict with policies provided in
the City of Newport Beach General Plan.
Back Bay Landing Planned Community Development Plan. The Proposed Project would not
conflict with the Back Bay Landing Planned Community Development Plan development standards and design
guidelines.
Noise
Vibration Impacts. Project implementation would not result in significant vibration impacts to nearby sensitive
receptors.
Long-Term (Mobile) Noise Impacts. Traffic generated by the Proposed Project would not significantly
contribute to existing traffic noise in the area or exceed the City’s established standards.
Long-Term (Stationary) Noise Impacts. The Proposed Project would not result in a significant increase
in long-term stationary ambient noise levels.
Cumulative Vibration Impacts. Project implementation along with other related cumulative projects would
not result in significant vibration impacts to nearby sensitive receptors.
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Cumulative Long-Term (Mobile) Noise Impacts. Development associated with the Proposed Project
and other related cumulative projects would not significantly contribute to existing traffic noise in the area or exceed
the City’s established standards.
Cumulative Long-Term (Stationary) Noise Impacts. Development associated with the Proposed
Project and other related cumulative projects would not result in a significant increase in long-term stationary ambient
noise levels.
Transportation
Vehicle Miles Traveled. Project development would not conflict or be inconsistent with CEQA guidelines
Section 15064.3 Subdivision (B).
Cumulative Vehicle Miles Traveled. Project development in conjunction with other related cumulative
projects would not conflict or be inconsistent with CEQA guidelines Section 15064.3 Subdivision (B).
1.5 EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN
SIGNIFICANT LEVELS
OCSD, having reviewed and considered the information contained in the Final EIR, the Technical
Appendices, and the administrative record, finds, pursuant to California Public Resources Code 21081
(a)(1) and CEQA Guidelines 15091 (a)(1) that changes or alterations have been required in, or
incorporated into, the Proposed Project, which would avoid or substantially lessen to below a level of
significance the following potentially significant environmental effects in the following categories:
Aesthetics/Light and Glare (short-term and long-term visual impacts, visual character/quality,
light and glare, and cumulative impacts);
Biological Resources (special status plant and wildlife species, sensitive natural communities,
wetlands, migratory wildlife species, policies protecting biological resources, and cumulative
impacts);
Cultural Resources (archaeological resources and cumulative impacts);
Geology and Soils (paleontological resources and cumulative impacts);
Hazards and Hazardous Materials (accidental release and/or routine handling of hazardous
materials, interference with an adopted emergency response or evacuation plan, and
cumulative impacts);
Hydrology and Water Quality (short-term water quality impacts and cumulative short-term
and long-term operational impacts);
Land Use and Relevant Planning (California Coastal Act and Local Coastal Program and
Coastal Land Use Plan consistency and cumulative impacts),
Noise (short-term construction noise and short-term cumulative impacts);
Transportation (roadway, transit, bicycle, and pedestrian facilities; hazardous design features
(operations); emergency access, and cumulative impacts); and
Tribal Cultural Resources (tribal cultural resources and cumulative impacts).
The potentially significant adverse environmental impacts for which mitigation was identified are listed
below. OCSD finds that these potentially significant adverse impacts can be mitigated to a level that
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is considered less than significant with implementation of the mitigation measures identified in the
Final EIR. These findings are supported by the EIR and substantial evidence in the record of
proceedings. (CEQA 15091(b).)
AESTHETICS/LIGHT AND GLARE
The Project’s potential aesthetics/light and glare impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.1, Aesthetics/Light and Glare, of the 2020 Recirculated EIR.
These include short-term and long-term degradation of visual character/quality, light and glare, and
cumulative impacts.
Short-Term Visual Impacts. With incorporation of Mitigation Measure AES-1, Project
construction would not result in significant impacts related to the temporary degradation of the visual
character/quality of the site and its surroundings.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to the short-term visual character/quality of the Project area have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-1 Prior to issuance of any grading and/or demolition permits, whichever occurs first,
engineering drawings and specifications shall be prepared by the Project Engineer, or
their designee, and submitted for review and approval by the Orange County
Sanitation District Director of Engineering. These documents shall, at a minimum,
indicate the equipment and vehicle staging areas, stockpiling of materials,
screening/fencing (i.e., temporary fencing with opaque material), and haul route(s).
Staging areas shall be sited away from public views, to the extent feasible and
reasonable, and/or screened utilizing temporary fencing with opaque materials.
Construction haul routes shall minimize impacts to sensitive uses in the project area
by avoiding local residential streets.
Long-Term Visual Character/Quality. With implementation of mitigation, project
implementation would not conflict with applicable zoning and other regulations governing scenic
quality.
Findings
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1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. The effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to the Project area’s long-term visual character/quality have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-2 Prior to construction of the new pump station facility, Orange County Sanitation
District (OCSD) shall comply with the applicable requirements of the City of Newport
Beach to ensure consistency with the surrounding development and Back Bay Landing
PCDP design guidelines.
Light and Glare. With implementation of mitigation, project implementation would not generate
additional light and glare beyond existing conditions.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts regarding light and glare have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measure:
AES-3 Prior to any nighttime construction activities, a construction safety lighting plan shall
be prepared by the Project Engineer, or their designee, and submitted to the Orange
County Sanitation District Director of Engineering for review and approval. The plan
shall include, but not be limited to, the following:
Identify all required construction lighting fixtures, anticipated locations and
heights, and maximum wattage required;
Ensure all construction-related lighting fixtures (including portable fixtures)
are shielded and oriented downward and away from adjacent sensitive areas
(including residential and biologically sensitive areas);
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Provide the minimal wattage necessary to provide adequate nighttime visibility
and safety at the construction site; and
Demonstrate that nighttime construction lighting does not spillover onto
adjacent residential properties.
AES-4 Prior to construction of the proposed pump station, an operational lighting plan shall
be prepared by the Project Engineer, or their designee, and provided to the Orange
County Sanitation District (OCSD) Director of Engineering for review and approval.
OCSD shall provide the lighting plan to the City of Newport Beach for review and
comment, pertaining to the general consistency with the Back Bay Landing Planned
Community Development Plan regulations for lighting. All outdoor lighting fixtures shall
be designed, shielded, aimed, located, and maintained to minimize impacts to adjacent
sites and to not produce glare onto adjacent sites or roadways. Final approval of the
lighting plan shall be made by OCSD prior to start of Project construction. OCSD,
or designee, shall verify that the approved plans incorporate the reasonably suggested
revisions and comments received from the City of Newport Beach.
Cumulative Short-Term Visual Character/Quality. With implementation of mitigation, project
construction activities, combined with construction activities for other relative cumulative Projects,
would not temporarily degrade the visual character/quality of the development sites and their
surroundings.
Findings
1. Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to the Project area’s short-term visual character/quality have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-1 Prior to issuance of any grading and/or demolition permits, whichever occurs first,
engineering drawings and specifications shall be prepared by the Project Engineer, or
their designee, and submitted for review and approval by the Orange County
Sanitation District Director of Engineering. These documents shall, at a minimum,
indicate the equipment and vehicle staging areas, stockpiling of materials,
screening/fencing (i.e., temporary fencing with opaque material), and haul route(s).
Staging areas shall be sited away from public views, to the extent feasible and
reasonable, and/or screened utilizing temporary fencing with opaque materials.
Construction haul routes shall minimize impacts to sensitive uses in the project area
by avoiding local residential streets.
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Cumulative Long-Term Visual Character/Quality. With implementation of mitigation, Project
implementation, combined with other related cumulative projects, would not conflict with applicable
zoning and other regulations governing scenic quality.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to the Project area’s long-term visual character/quality have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
AES-2 Prior to construction of the new pump station facility, Orange County Sanitation
District (OCSD) shall comply with the applicable requirements of the City of Newport
Beach to ensure consistency with the surrounding development and Back Bay Landing
PCDP design guidelines.
Cumulative Light and Glare. With implementation of mitigation, Project implementation,
combined with other related cumulative projects, would not cumulatively contribute to significant
light/glare impacts.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts regarding light and glare have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measure:
AES-3 Prior to any nighttime construction activities, a construction safety lighting plan shall
be prepared by the Project Engineer, or their designee, and submitted to the Orange
County Sanitation District Director of Engineering for review and approval. The plan
shall include, but not be limited to, the following:
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1549939.1
Identify all required construction lighting fixtures, anticipated locations and
heights, and maximum wattage required;
Ensure all construction-related lighting fixtures (including portable fixtures)
are shielded and oriented downward and away from adjacent sensitive areas
(including residential and biologically sensitive areas);
Provide the minimal wattage necessary to provide adequate nighttime visibility
and safety at the construction site; and
Demonstrate that nighttime construction lighting does not spillover onto
adjacent residential properties.
AES-4 Prior to construction of the proposed pump station, an operational lighting plan shall
be prepared by the Project Engineer, or their designee, and provided to the Orange
County Sanitation District (OCSD) Director of Engineering for review and approval.
OCSD shall provide the lighting plan to the City of Newport Beach for review and
comment, pertaining to the general consistency with the Back Bay Landing Planned
Community Development Plan regulations for lighting. All outdoor lighting fixtures shall
be designed, shielded, aimed, located, and maintained to minimize impacts to adjacent
sites and to not produce glare onto adjacent sites or roadways. Final approval of the
lighting plan shall be made by OCSD prior to start of project construction. OCSD,
or designee, shall verify that the approved plans incorporate the reasonably suggested
revisions and comments received from the City of Newport Beach.
BIOLOGICAL RESOURCES
The Project’s potential biological resources impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.3, Biological Resources, of the 2020 Recirculated EIR. These include
impacts to special status plant and wildlife species, sensitive natural communities, migratory wildlife
species, wetlands, in addition to a potential conflict with policies protecting biological resources, and
cumulative impacts.
Special Status Plant and Wildlife Species. With implementation of mitigation, Project
implementation would not have adverse effects, either directly or through habitat modifications, on
special status plant or wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
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The potential impacts to special status plant and wildlife species have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
Sensitive Natural Communities. With implementation of mitigation, Project implementation
would not have an adverse effect on riparian habitat or other sensitive natural community.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to sensitive natural communities have been eliminated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measures:
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Final Environmental Impact Report
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Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Wetlands. With implementation of mitigation, Project implementation would not have an adverse
effect on State or Federally protected wetlands.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to wetlands have been eliminated or substantially lessened to a level of less than
significant of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the Proposed Project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
Final Environmental Impact Report
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1549939.1
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Migratory Wildlife Species. With implementation of mitigation, Project implementation would not
interfere with the movement of a native resident or migratory wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to wildlife movement have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
Final Environmental Impact Report
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1549939.1
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
Final Environmental Impact Report
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1549939.1
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Policies Protecting Biological Resources. With implementation of mitigation, Project
implementation would not conflict with a City policy protecting biological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts pertaining to conflicts with policies protecting biological resources have been
eliminated or substantially lessened to a level of less than significant with incorporation of the
mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measures:
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Final Environmental Impact Report
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1549939.1
Cumulative Special Status Plant and Wildlife Species. With implementation of mitigation,
Project implementation combined with cumulative development would not have adverse effects,
either directly or through habitat modifications, on special status plant or wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to special status plant and wildlife species have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Final Environmental Impact Report
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1549939.1
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
Cumulative Sensitive Natural Communities. With implementation of mitigation, Project
implementation combined with cumulative developments would not have adverse effect on riparian
habitat or other sensitive natural community.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to sensitive natural communities have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measures:
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
Final Environmental Impact Report
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1549939.1
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Wetlands. With implementation of mitigation, Project implementation combined with
cumulative development would not have an adverse effect on State or Federally protected wetlands.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to wetlands have been eliminated or substantially lessened to a level
of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
Final Environmental Impact Report
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wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
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kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Migratory Wildlife Species. With implementation of mitigation, Project
implementation combined with cumulative development would not interfere with the movement of
migratory wildlife species.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to migratory wildlife species have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
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wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
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kelp species within the project survey area, as delineated by the qualified marine
biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
Cumulative Policies Protecting Biological Resources. With implementation of mitigation,
Project implementation combined with cumulative development would not conflict with a City policy
protecting biological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to policies protecting biological resources have been eliminated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measures:
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
BIO-1 Prior to dredging operations, if conducted, Orange County Sanitation District, or
designee, shall retain a qualified marine mammal biologist, defined as an individual
with a bachelor’s degree or above in marine biology, zoology, animal behavior, or a
closely related area and demonstrated field experience, to conduct contractor
awareness training for all personnel working in the marine environment. The purpose
of the training is to educate contractor personnel on the identification of marine
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wildlife in the project area and to provide an overview of the wildlife mitigation that
will be implemented during the project. Specifically, the training seminar shall include,
but not be limited to, the following:
Identification of most common types of marine wildlife likely to be
encountered in the project area;
Activities that have the most potential for affecting wildlife in the project area;
Overview of the Marine Mammal Protection Act (MMPA), the designated
Environmental Study Area (ESA), agencies responsible for enforcement of the
MMPA and ESA, and penalties associated with violations of the acts;
Procedures to be followed during mobilization/demobilization, and transiting
of project vessels, anchoring and throughout waterside construction activities
(e.g., decreasing vessel speeds/engine power when at a determined distance
from the shoreline, limiting vessel engine idling to five minutes or less, and
utilizing minimum required engine power); and
Reporting requirements in the event of an inadvertent collision and/or injury
to marine wildlife.
BIO-2 Should construction activities occur within the nesting season, all suitable habitat
surrounding the project site shall be thoroughly surveyed for the presence of nesting
birds by a qualified biologist, defined as an individual with a bachelor’s degree or above
in a biological science field and demonstrated field experience, within three days prior
to commencement of site disturbance activities.
If an active avian nest is discovered in proximity to the project site during the nesting
bird survey, construction activities (those activities that could result in direct or indirect
impacts to active nests either through noise, light, or physical contact) shall stay outside
of a 300-foot buffer around the active nest. For raptor species, this buffer shall be
expanded to 500 feet. The qualified biologist shall be present to delineate the
boundaries of the buffer area and to monitor the active nest in order to ensure that
nesting behavior is not adversely affected by construction activities. If the qualified
biologist determines that nesting behavior is adversely affected by construction
activities, the qualified biologist shall halt construction activities that result in the
adverse effect and file a written report to OCSD and the construction contractor
stating the recommended course of action. The buffer area and limitations on
construction may be reduced upon approval by the California Department of Fish and
Wildlife, and only if the nesting behaviors are not disrupted by construction activities,
as determined by the qualified biologist. Once the young have fledged, normal
construction activities shall be allowed to occur.
BIO-3 The Orange County Sanitation District (OCSD), or designee, shall retain a qualified
marine biologist, defined as an individual with a bachelor’s degree or above in marine
biology, zoology, or a closely related area and demonstrated field experience, to
conduct a comprehensive pre-construction survey for the presence of eelgrass and
kelp species within the project survey area, as delineated by the qualified marine
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biologist, prior to the commencement of in-water construction operations. The pre-
construction eelgrass and kelp surveys shall be consistent with current National Marine
Fisheries Service (NMFS) California Eelgrass Mitigation Policy (CEMP) survey
guidelines. If pre-construction survey results indicate eelgrass or kelp presence within
the project survey area, the qualified marine biologist shall recommend, and OCSD,
or designee, shall incorporate, appropriate avoidance measures, protection measures,
and/or replacement mitigation (e.g., shifting dredging areas, relocating eelgrass,
releasing buoy-deployed seed bags, and reseeding for no net loss) to be implemented
during construction activities to avoid or reduce impacts to eelgrass or kelp species to
the maximum extent practicable. The qualified marine biologist shall coordinate with
the appropriate regulatory agencies including the NMFS, U.S. Army Corps of
Engineers (Corps), U.S. Fish and Wildlife Service (USFWS), California Coastal
Commission (CCC), the California Department of Fish and Wildlife (CDFW), and
other resource and regulatory agencies, as necessary, and OCSD, or designee, shall
implement compensatory mitigation, as required by the appropriate regulatory
agencies, should the project result in the loss of eelgrass and kelp habitat.
CULTURAL RESOURCES
The Project’s potential cultural resources impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.4, Cultural Resources, of the 2020 Recirculated EIR. These include
impacts to archaeological resources and cumulative impacts.
Archaeological Resources. With implementation of mitigation, development associated with
implementation of the Project would not impact archaeological resources within the Project site.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to archaeological resources have been eliminated or substantially lessened to a
level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measures:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior’s Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to, the following:
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Identification of the project’s area of potential effect;
Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor’s
representative in identifying potential tribal cultural resources.
Procedures to follow in the event that potential archaeological resources are
discovered during construction activities, including, without limitation, halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities, these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist’s evaluation of the find, the archaeologist shall collect the
resource, and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
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Cumulative Archaeological Resources. With implementation of mitigation, the Proposed Project,
combined with other related cumulative development, would not result in significant cumulative
impacts to archaeological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to archaeological resources have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measures:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior’s Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to, the following:
Identification of the project’s area of potential effect;
Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor’s
representative in identifying potential tribal cultural resources.
Procedures to follow in the event that potential archaeological resources are
discovered during construction activities, including, without limitation, halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities, these activities shall cease within 50 feet of that area
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and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist’s evaluation of the find, the archaeologist shall collect the
resource, and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
GEOLOGY AND SOILS
The Project’s potential geology and soils impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.5, Geology and Soils, of the 2020 Recirculated EIR. These impacts
include paleontological resources and cumulative impacts.
Paleontological Resources. With implementation of mitigation, development associated with
implementation of the Project would not impact paleontological resources within the Project site.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts to paleontological resources have been eliminated or substantially lessened to a
level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
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Mitigation Measures:
GEO-1 Prior to ground-disturbing activities, a qualified paleontologist shall provide a
Monitoring Protocol Plan for the project. The plan shall identify procedures to be
used in the event that potential recoverable fossils are discovered by the construction
contractor. The qualified paleontologist shall have a B.S. or B.A. in geology and/or
paleontology with demonstrated competence in research, fieldwork, reporting, and
curation. The qualified paleontologist shall provide training to the contractor’s
representative regarding the Monitoring Protocol Plan and the identification of
paleontological resources. The Monitoring Protocol Plan shall state that in the event
a fossil or suspected fossil is encountered during ground disturbing activities, the
following steps shall be taken to ensure paleontological resource(s), if present, are
properly preserved or salvaged in accordance with the recommendation of the
qualified paleontologist and existing Federal, State, and local laws and regulations:
The fossil site shall not be touched, moved, or disturbed in any way.
Work shall stop in the immediate area, and a minimum 50-foot buffer shall be
marked with brightly colored flagging. No further disturbance in the flagged
area shall occur until the contractor has cleared the area.
The contractor’s representative, construction foreman or supervisor, and a
qualified paleontologist shall be immediately notified.
The qualified paleontologist shall quickly examine the find and make a
determination of significance. If the find is not significant, the foreman shall
be informed when it is acceptable to resume work in the area.
Should the qualified paleontologist determine the find is significant, the
qualified paleontologist shall develop a plan of mitigation which would likely
include salvage excavation and removal of the find, removal of sediment from
around the specimen, research to identify and categorize the find, curation of
the find in a local qualified repository, and preparation of a report summarizing
the find.
Cumulative Geology and Soils. With implementation of mitigation, the Proposed Project,
combined with other related cumulative projects, would not result in adverse effects involving
paleontological resources.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
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The potential cumulative impacts to paleontological resources have been eliminated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measures:
GEO-1 Prior to ground-disturbing activities, a qualified paleontologist shall provide a
Monitoring Protocol Plan for the project. The plan shall identify procedures to be
used in the event that potential recoverable fossils are discovered by the construction
contractor. The qualified paleontologist shall have a B.S. or B.A. in geology and/or
paleontology with demonstrated competence in research, fieldwork, reporting, and
curation. The qualified paleontologist shall provide training to the contractor’s
representative regarding the Monitoring Protocol Plan and the identification of
paleontological resources. The Monitoring Protocol Plan shall state that in the event
a fossil or suspected fossil is encountered during ground disturbing activities, the
following steps shall be taken to ensure paleontological resource(s), if present, are
properly preserved or salvaged in accordance with the recommendation of the
qualified paleontologist and existing Federal, State, and local laws and regulations:
The fossil site shall not be touched, moved, or disturbed in any way.
Work shall stop in the immediate area, and a minimum 50-foot buffer shall be
marked with brightly colored flagging. No further disturbance in the flagged
area shall occur until the contractor has cleared the area.
The contractor’s representative, construction foreman or supervisor, and a
qualified paleontologist shall be immediately notified.
The qualified paleontologist shall quickly examine the find and make a
determination of significance. If the find is not significant, the foreman shall
be informed when it is acceptable to resume work in the area.
Should the qualified paleontologist determine the find is significant, the
qualified paleontologist shall develop a plan of mitigation which would likely
include salvage excavation and removal of the find, removal of sediment from
around the specimen, research to identify and categorize the find, curation of
the find in a local qualified repository, and preparation of a report summarizing
the find.
HAZARDS AND HAZARDOUS MATERIALS
The Project’s potential hazards and hazardous materials impacts that can be mitigated or are otherwise
less than significant are discussed in Section 5.7, Hazards and Hazardous Materials, of the 2020
Recirculated EIR. These include accidental release and/or routine handling of hazardous materials,
interference with an adopted emergency response or evacuation plan, and cumulative impacts.
Accidental Release and/or Routine Handling of Hazardous Materials. With implementation
of mitigation, the Proposed Project would not create a significant hazard to the public or environment
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through the routine transport, use, or disposal of hazardous materials, or accident conditions involving
the release of hazardous materials.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from accidental release and/or routine handling or hazardous materials have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
HAZ-1 Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and California Division of Occupational
Safety and Health (Cal/OSHA) certified building inspector to determine the presence
or absence of asbestos containing-materials (ACMs). If ACMs are determined to be
present, abatement of asbestos shall be completed prior to any activities that would
disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be
performed by a State certified asbestos containment contractor in accordance with the
South Coast Air Quality Management District (SCAQMD) Rule 1403. Asbestos
wastes shall be handled and disposed of in accordance with the federal Toxic
Substances Control Act (TSCA), 40 Code of Federal Regulations (CFR) 763, the Clean
Air Act (NESHAP), and California Code of Regulations, Title 22, Division 4.5.
Contractors performing ACM removal shall provide documentation of abatement
activities to the Orange County Sanitation District.
HAZ-2 If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint waste shall be evaluated independently from the
building material by an EPA certified Lead Inspector. If lead-based paint is found,
abatement shall be completed by an EPA qualified Lead Abatement Specialist prior to
any activities that would create lead dust or a fume hazard. Lead-based paint removal
and disposal shall be performed in accordance with California Code of Regulation
Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and
respiratory protection, and mandates good worker practices by workers exposed to
lead. Contractors performing lead-based paint removal shall provide documentation
of abatement activities to the Orange County Sanitation District.
HAZ-3 Prior to construction, a Soil Management Plan (SMP) shall be prepared and signed and
stamped by a Professional Geologist or Engineer licensed in the State of California.
The SMP shall be incorporated into project plans and specifications to be used by the
contractor and the Orange County Sanitation District during construction activities.
The SMP shall include guidelines for safety measures and soil management in the event
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that contaminated soils are to be disturbed, and for handling contaminated soil during
any planned earthwork activities. Soil management practices could include the use of
proper protective gear, waste profiling, landfill selection, and setting designated
stockpiling location, among others. Additionally, the SMP shall include verification
sampling for spoils/dredged material, soil import and export, as well as backfill to
confirm that no hazardous materials are present. If hazardous materials are detected,
the materials shall be properly disposed of in accordance with Federal and State
requirements, such as the Resources Conservation and Recovery Act (RCRA) and
Hazardous Materials Transportation Act (HMTA), among others. The SMP shall also
include a decision framework and specific risk management measures for managing
soil in a manner protective of human health and consistent with applicable regulatory
requirements.
HAZ-4 If unknown wastes are discovered during construction that are believed to involve
hazardous waste or materials, the contractor shall comply with the following:
Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
Notify the Orange County Sanitation District;
Secure the area as directed by the Orange County Sanitation District; and
Notify the Orange County Health Care Agency’s Hazardous Materials
Division’s Hazardous Waste/ Materials Coordinator (or other appropriate
agency specified by the Director of Engineering). The Hazardous
Waste/Materials Coordinator shall advise the responsible party of further
actions that shall be taken, if required. Any and all further actions shall be
taken in compliance with the directions of the Hazardous Waste / Materials
Coordinator and Federal and State law.
Interference with an Adopted Emergency Response or Evacuation Plan. With implementation
of mitigation, construction and operations of the Project would not create a significant hazard to the
public or environment through interference with an adopted emergency response or evacuation plan.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from interference with an adopted emergency response or evacuation plan have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Accidental Release and/or Routine Handling of Hazardous Materials. With
implementation of mitigation, the Proposed Project and other related cumulative projects would not
create a significant hazard to the public or environment through the routine transport, use, or disposal
of hazardous materials, or accident conditions involving the release of hazardous materials.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
The potential cumulative impacts from accidental release and/or routine handling or hazardous
materials have been mitigated or substantially lessened to a level of less than significant with
incorporation of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
HAZ-1 Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and California Division of Occupational
Safety and Health (Cal/OSHA) certified building inspector to determine the presence
or absence of asbestos containing-materials (ACMs). If ACMs are determined to be
present, abatement of asbestos shall be completed prior to any activities that would
disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be
performed by a State certified asbestos containment contractor in accordance with the
South Coast Air Quality Management District (SCAQMD) Rule 1403. Asbestos
wastes shall be handled and disposed of in accordance with the federal Toxic
Substances Control Act (TSCA), 40 Code of Federal Regulations (CFR) 763, the Clean
Air Act (NESHAP), and California Code of Regulations, Title 22, Division 4.5.
Contractors performing ACM removal shall provide documentation of abatement
activities to the Orange County Sanitation District.
HAZ-2 If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint waste shall be evaluated independently from the
building material by an EPA certified Lead Inspector. If lead-based paint is found,
abatement shall be completed by an EPA qualified Lead Abatement Specialist prior to
any activities that would create lead dust or a fume hazard. Lead-based paint removal
and disposal shall be performed in accordance with California Code of Regulation
Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and
respiratory protection, and mandates good worker practices by workers exposed to
lead. Contractors performing lead-based paint removal shall provide documentation
of abatement activities to the Orange County Sanitation District.
HAZ-3 Prior to construction, a Soil Management Plan (SMP) shall be prepared and signed and
stamped by a Professional Geologist or Engineer licensed in the State of California.
The SMP shall be incorporated into project plans and specifications to be used by the
contractor and the Orange County Sanitation District during construction activities.
The SMP shall include guidelines for safety measures and soil management in the event
that contaminated soils are to be disturbed, and for handling contaminated soil during
any planned earthwork activities. Soil management practices could include the use of
proper protective gear, waste profiling, landfill selection, and setting designated
stockpiling location, among others. Additionally, the SMP shall include verification
sampling for spoils/dredged material, soil import and export, as well as backfill to
confirm that no hazardous materials are present. If hazardous materials are detected,
the materials shall be properly disposed of in accordance with Federal and State
requirements, such as the Resources Conservation and Recovery Act (RCRA) and
Hazardous Materials Transportation Act (HMTA), among others. The SMP shall also
include a decision framework and specific risk management measures for managing
soil in a manner protective of human health and consistent with applicable regulatory
requirements.
Final Environmental Impact Report
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1549939.1
HAZ-4 If unknown wastes are discovered during construction that are believed to involve
hazardous waste or materials, the contractor shall comply with the following:
Immediately cease work in the vicinity of the suspected contaminant, and
remove workers and the public from the area;
Notify the Orange County Sanitation District;
Secure the area as directed by the Orange County Sanitation District; and
Notify the Orange County Health Care Agency’s Hazardous Materials
Division’s Hazardous Waste/ Materials Coordinator (or other appropriate
agency specified by the Director of Engineering). The Hazardous
Waste/Materials Coordinator shall advise the responsible party of further
actions that shall be taken, if required. Any and all further actions shall be
taken in compliance with the directions of the Hazardous Waste / Materials
Coordinator and Federal and State law.
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Interference with an Adopted Emergency Response or Evacuation Plan. With
implementation of mitigation, construction and operations of the Proposed Project and other related
cumulative projects would not create a significant hazard to the public or environment through
interference with an adopted emergency response or evacuation plan.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts from interference with an adopted emergency response or
evacuation plan have been mitigated or substantially lessened to a level of less than significant by virtue
of the mitigation measures identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
HYDROLOGY AND WATER QUALITY
The Project’s potential hydrology and water quality impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.8, Hydrology and Water Quality, of the 2020 Recirculated EIR.
These include short-term impacts to water quality and cumulative impacts.
Water Quality – Short-Term Impacts. With implementation of mitigation, grading, excavation,
and construction activities associated with the Proposed Project would not impact water quality.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential short-term impacts to water quality have been mitigated or substantially lessened to a
level of less than significant with incorporation of the mitigation measures identified in the 2020
Recirculated EIR.
Mitigation Measure:
HWQ-1 Prior to site disturbance activities and as part of the project’s compliance with the
National Pollutant Discharge Elimination System requirements, a Notice of Intent
shall be prepared by the Orange County Sanitation District, or designee, and submitted
to the State Water Resources Control Board and the Santa Ana Regional Water Quality
Control Board, providing notification and intent to comply with the State of California
Construction General Permit and the General Waste Discharge Requirements For
Insignificant Threat Discharges to Surface Waters.
HWQ-2 The proposed project shall conform to the requirements of an approved Storm Water
Pollution Prevention Plan (to be applied for by the Orange County Sanitation District,
or designee, prior to site disturbance) and the National Pollutant Discharge
Elimination System Permit for General Construction Activities No. CAS000002,
Order No. 2009-0009-DWQ (as amended by 2010-014-DWQ and 2012-006-DWQ),
including implementation of all recommended best management practices (e.g., straw
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1549939.1
bale barriers, sediment traps, wind erosion/dust control, silt fences, and filter berms),
as approved by the State Water Resources Control Board.
HWQ-3 Upon completion of project construction, the Orange County Sanitation District, or
designee, shall submit a Notice of Termination to the State Water Resources Control
Board to indicate that construction is completed.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
Cumulative Water Quality Impacts. With implementation of mitigation, grading, excavation, and
construction activities associated with the Proposed Project and other related cumulative projects
would not impact water quality.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative short-term construction and cumulative long-term operational impacts to
water quality have been mitigated or substantially lessened to a level of less than significant with
incorporation of the mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
HWQ-1 Prior to site disturbance activities and as part of the project’s compliance with the
National Pollutant Discharge Elimination System requirements, a Notice of Intent
shall be prepared by the Orange County Sanitation District, or designee, and submitted
to the State Water Resources Control Board and the Santa Ana Regional Water Quality
Control Board, providing notification and intent to comply with the State of California
Construction General Permit and the General Waste Discharge Requirements For
Insignificant Threat Discharges to Surface Waters.
HWQ-2 The proposed project shall conform to the requirements of an approved Storm Water
Pollution Prevention Plan (to be applied for by the Orange County Sanitation District,
or designee, prior to site disturbance) and the National Pollutant Discharge
Elimination System Permit for General Construction Activities No. CAS000002,
Order No. 2009-0009-DWQ (as amended by 2010-014-DWQ and 2012-006-DWQ),
including implementation of all recommended best management practices (e.g., straw
bale barriers, sediment traps, wind erosion/dust control, silt fences, and filter berms),
as approved by the State Water Resources Control Board.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
HWQ-3 Upon completion of project construction, the Orange County Sanitation District, or
designee, shall submit a Notice of Termination to the State Water Resources Control
Board to indicate that construction is completed.
HWQ-4 In compliance with the Federal Clean Water Act, the proposed project shall conform
to the requirements of the Department of the Army permit(s) (to be applied for by the
Orange County Sanitation District, or designee, for prior to site disturbance) from the
U.S. Army Corps of Engineers Los Angeles District.
LAND USE AND RELEVANT PLANNING
The Project’s potential land use and relevant planning impacts that can be mitigated or are otherwise
less than significant are discussed in Section 5.09, Land Use, of the 2020 Recirculated EIR. These
include the California Coastal Act, local coastal programs, and coastal land use plan.
California Coastal Act. With implementation of mitigation, the Proposed Project would not conflict
with the Coastal Act’s planning and management policies.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from conflicting with the California Coastal Act have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Final Environmental Impact Report
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1549939.1
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
Final Environmental Impact Report
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1549939.1
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Local Coastal Program and Coastal Land Use Plan. With implementation of mitigation, the
Proposed Project would not conflict with the policies provided in the City’s Local Coastal Program
and Coastal Land Use Plan.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from conflict with the local Coastal Program and Coastal Land Use Plan have
been mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
Final Environmental Impact Report
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1549939.1
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Land Use and Relevant Planning Impact. With implementation of mitigation, the
Proposed Project along with other nearby cumulative projects would not conflict with policies within
applicable land use plan, policy or regulations adopted for the purpose of avoiding or mitigating an
environmental effect.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts from the applicable land use plans have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
NOISE
The Project’s potential noise impacts that can be mitigated or are otherwise less than significant are
discussed in Section 5.10, Noise, of the 2020 Recirculated EIR. These include short-term construction
noise and cumulative impacts.
Short-Term Construction Noise Impacts. With implementation of mitigation, grading and
construction within the area would not result in significant temporary noise impacts to nearby noise
sensitive receivers.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from short-term construction noise have been mitigated or substantially
lessened to a level of less than significant with incorporation of the mitigation measures identified in
the 2020 Recirculated EIR.
Mitigation Measure:
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
NOI-1 Prior to the initiation of construction, the Orange County Sanitation District shall
confirm that the Grading Plan, Building Plans, and specifications stipulate that:
All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and other State required noise attenuation
devices.
The Orange County Sanitation District shall provide a “Noise Disturbance
Coordinator.” The Disturbance Coordinator shall be responsible for
responding to any local complaints about construction noise. When a
complaint is received, the Disturbance Coordinator shall determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
implement measures to resolve the complaint and comply with the City Noise
Ordinance. The construction hotline telephone number shall be clearly posted
on-site.
Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, schools, hospitals, etc.) to the greatest extent possible.
During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
Construction activities that produce noise shall not take place outside of the
allowable hours specified by the City of Newport Beach Municipal Code, with
the exception of the 24 hour per day operation of microtunneling (pursuant to
Mitigation Measure NOI-2). Alternative work hours may be designated by the
City to reduce other impacts, such as traffic.
NOI-2 Prior to issuance of Demolition or Building Permits, the Orange County Sanitation
District, or designee, shall retain a qualified Acoustical Engineer, defined as an
individual with a bachelor’s degree or above in acoustics, physics, or another closely related
engineering discipline and demonstrated field experience, to prepare a Construction
Noise Control Plan. The Construction Noise Control Plan shall identify the types,
location, and duration of equipment to be used during project construction.
Construction noise levels shall be quantified and estimated at the nearest sensitive uses
(i.e., residences, schools, churches, recreation/park facilities, hospitals, libraries, etc.)
within 1,000 feet of the project construction area. Based on proposed construction
hours and equipment to be used, the Construction Noise Control Plan shall identify
noise reduction measures to minimize construction noise levels at off-site sensitive
uses, demonstrating compliance with the Newport Beach Municipal Code Chapter
10.26 and 10.28. Noise reduction measures may include the use of sound blankets,
sound walls/barriers, noise shrouds, and/or limiting the use of heavy noise-emitting
equipment to non-sensitive hours (during daytime work hours and not after 5:00 p.m.,
etc.). The noise reduction measures shall be included in the project engineering
drawings and specifications, and/or contractor shop drawings for review by the City
of Newport Beach Planning Division. All noise reduction measures identified in the
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Construction Noise Control Plan approved by the City of Newport Beach shall be
included in all project designs and construction plans for the project.
Cumulative Short-Term Construction Noise Impacts. With implementation of mitigation,
grading and construction within the area would not result in cumulatively considerable short-term
noise impacts to nearby noise sensitive receivers, following implementation of mitigation measures.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts from short-term construction noise have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measures
identified in the 2020 Recirculated EIR.
Mitigation Measure:
NOI-1 Prior to the initiation of construction, the Orange County Sanitation District shall
confirm that the Grading Plan, Building Plans, and specifications stipulate that:
All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers and other State required noise attenuation
devices.
The Orange County Sanitation District shall provide a “Noise Disturbance
Coordinator.” The Disturbance Coordinator shall be responsible for
responding to any local complaints about construction noise. When a
complaint is received, the Disturbance Coordinator shall determine the cause
of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
implement measures to resolve the complaint and comply with the City Noise
Ordinance. The construction hotline telephone number shall be clearly posted
on-site.
Construction haul routes shall be designed to avoid noise sensitive uses (e.g.,
residences, schools, hospitals, etc.) to the greatest extent possible.
During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
Construction activities that produce noise shall not take place outside of the
allowable hours specified by the City of Newport Beach Municipal Code, with
the exception of the 24 hour per day operation of microtunneling (pursuant to
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Mitigation Measure NOI-2). Alternative work hours may be designated by the
City to reduce other impacts, such as traffic.
NOI-2 Prior to issuance of Demolition or Building Permits, the Orange County Sanitation
District, or designee, shall retain a qualified Acoustical Engineer, defined as an
individual with a bachelor’s degree or above in acoustics, physics, or another closely related
engineering discipline and demonstrated field experience, to prepare a Construction
Noise Control Plan. The Construction Noise Control Plan shall identify the types,
location, and duration of equipment to be used during project construction.
Construction noise levels shall be quantified and estimated at the nearest sensitive uses
(i.e., residences, schools, churches, recreation/park facilities, hospitals, libraries, etc.)
within 1,000 feet of the project construction area. Based on proposed construction
hours and equipment to be used, the Construction Noise Control Plan shall identify
noise reduction measures to minimize construction noise levels at off-site sensitive
uses, demonstrating compliance with the Newport Beach Municipal Code Chapter
10.26 and 10.28. Noise reduction measures may include the use of sound blankets,
sound walls/barriers, noise shrouds, and/or limiting the use of heavy noise-emitting
equipment to non-sensitive hours (during daytime work hours and not after 5:00 p.m.,
etc.). The noise reduction measures shall be included in the project engineering
drawings and specifications, and/or contractor shop drawings for review by the City
of Newport Beach Planning Division. All noise reduction measures identified in the
Construction Noise Control Plan approved by the City of Newport Beach shall be
included in all project designs and construction plans for the project.
TRANSPORTATION
The Project’s potential transportation impacts that can be mitigated or are otherwise less than
significant are discussed in Section 5.11, Transportation/Traffic, of the 2020 Recirculated EIR. These
include impacts to public transit, bicycle, and pedestrian facilities; hazardous design features;
emergency access; and cumulative impacts.
Roadway, Transit, Bicycle, and Pedestrian Facilities. With implementation of mitigation, Project
construction would not adversely impact plans related to roadway, transit, bicycle, and pedestrian
facilities.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts from roadway, transit, bicycle, and pedestrian facilities have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Hazardous Design Features. The Project would not substantially increase hazards due to short-
term construction activities within surrounding roadways.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Facts in Support of Findings
The potential impacts from hazardous design features have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Emergency Access. With implementation of mitigation, implementation of the Project would not
result in inadequate emergency access.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Facts in Support of Findings
The potential impacts to emergency access have been mitigated or substantially lessened to a level of
less than significant with incorporation of the mitigation measure identified in the 2020 Recirculated
EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Roadway, Transit, Bicycle, and Pedestrian Facilities. With implementation of
mitigation, implementation of the Proposed Project and other related cumulative projects would not
conflict with adopted policies, plans, or programs regarding roadway, public transit, bicycle, and
pedestrian facilities.
Findings
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts from roadway, transit, bicycle, and pedestrian facilities have been
mitigated or substantially lessened to a level of less than significant with incorporation of the
mitigation measure identified in the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Cumulative Hazardous Design Features. With implementation of mitigation, implementation of
the Proposed Project and other related cumulative projects would not substantially increase hazards
due to a proposed design feature.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts from hazardous design features have been mitigated or substantially
lessened to a level of less than significant with incorporation of the mitigation measure identified in
the 2020 Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
Cumulative Emergency Access. With implementation of mitigation, implementation of the
Proposed Project and other related cumulative projects would not result in inadequate emergency
access.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential cumulative impacts to emergency access have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
TRA-1 Prior to initiation of construction activities, engineering drawings and specifications,
and/or contractor shop drawings shall be prepared by the Project Engineer, or
designee, and submitted for review and approval by the Orange County Sanitation
District, California Department of Transportation (Caltrans), and the City of Newport
Beach Public Works Department. These documents shall, at a minimum, address the
following:
Traffic control protocols shall be specified for any lane closure, detour, or
other disruption to traffic circulation, including bicycle and pedestrian trails.
Disruption to traffic circulation shall be minimized to the greatest extent
feasible. Bicycle and pedestrian trails shall remain open, to the greatest extent
feasible, during construction or shall be re-routed to ensure continued
connectivity.
Bus stop access impacts shall be coordinated with, and approved by, the
Orange County Transportation Authority.
At least one week before any construction activities that would affect travel on
nearby roadways, the construction contractor shall notify the City of Newport
Beach Public Works Department and Caltrans, as applicable, of construction
activities that could impede movement (such as lane closures) along roadways,
to allow for planning temporary detours or identifying alternative emergency
access routes where appropriate. Surrounding property owners shall also be
notified of project activities through advanced mailings.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Identify construction vehicle haul routes for the delivery of construction
materials (i.e., lumber, tiles, piping, windows, etc.) to the site; necessary traffic
controls and detours; and a construction phasing plan for the project to reduce
impacts to local streets and plan for traffic control signage and detours along
identified haul routes to minimize impacts to existing traffic flow.
Identify any and all construction staging or material storage sites located
outside of the project site.
Specify the hours during which hauling activities can occur and methods to
mitigate construction-related impacts to adjacent streets such as traffic control
barricades, cones, flaggers, and warning signs.
Require the contractor to keep all haul routes clean and free of debris,
including but not limited, to gravel and dirt resulting from project
construction. The Contractor shall clean adjacent streets, as directed by the
Orange County Sanitation District, of any project material which may have
been spilled, tracked, or blown onto adjacent City of Newport Beach and
Caltrans streets or areas.
Hauling of oversize loads shall be allowed between the hours of 9:00 a.m. and
3:00 p.m. only, Monday through Friday. No hauling or transport shall be
allowed during nighttime hours, weekends, or Federal holidays. Any oversized
loads utilizing Coast Highway shall obtain a Caltrans permit for such activities.
Use of local streets shall be prohibited, except when required to provide direct
access to the project site and in compliance with the approved project haul
routes.
Haul trucks entering or exiting public streets shall yield to public traffic at all
times.
If hauling operations cause any damage to existing pavement, streets, curbs,
and/or gutters along the haul route, the contractor shall be fully responsible
for repairs. The repairs shall restore the damaged property to its original
condition.
All construction-related staging of vehicles shall be kept out of the adjacent
public roadways and shall occur on the project site or within additional off-
street staging areas previously identified and arranged. Construction staging
areas shall maintain public access to recreational activities.
Construction-related lane closures would only occur between the hours of 8:30
a.m. and 3:30 p.m., Monday through Friday. More or less restrictive closure
hours may be prescribed by the City.
Use of a construction flagperson (as deemed appropriate by the Orange
County Sanitation District) to assist in maintaining efficient vehicle travel in
both directions (particularly during peak travel hours) and use of construction
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
signage and safe detour routes for pedestrians and bicyclists when travel lanes
and sidewalks along Coast Highway are affected.
The engineering drawings and specifications shall meet standards established
in the current California Manual on Uniform Traffic Control Device
(MUTCD).
TRIBAL CULTURAL RESOURCES
The Project’s potential tribal cultural resources impacts that can be mitigated or are otherwise less
than significant are discussed in Section 5.12, Tribal Cultural Resources, of the 2020 Recirculated EIR.
These include impacts to tribal cultural resources and cumulative impacts.
Tribal Cultural Resources. With implementation of mitigation, the Proposed Project would not
cause a significant impact to a tribal cultural resource.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Facts in Support of Findings
The potential impacts related to tribal cultural resources have been mitigated or substantially lessened
to a level of less than significant with incorporation of the mitigation measure identified in the 2020
Recirculated EIR.
Mitigation Measure:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior’s Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to, the following:
Identification of the project’s area of potential effect;
Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor’s
representative in identifying potential tribal cultural resources.
Procedures to follow in the event that potential archaeological resources are
discovered during construction activities, including, without limitation, halting
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities, these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist’s evaluation of the find, the archaeologist shall collect the
resource, and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
Cumulative Tribal Cultural Resource Impacts. With implementation of mitigation, the Proposed
Project, combined with other related cumulative projects, would not cause a significant impact to a
tribal cultural resource.
Findings
1. Changes or alterations have been required in, or incorporated into, the project, which avoid or substantially
lessen the significant environmental effect as identified in the EIR.
2. With the incorporation of mitigation, the effects identified in the EIR have been determined not to be significant.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
Facts in Support of Findings
The potential cumulative impacts related to tribal cultural resources have been mitigated or
substantially lessened to a level of less than significant with incorporation of the mitigation measure
identified in the 2020 Recirculated EIR.
Mitigation Measure:
CUL-1 Prior to ground-disturbing activities, Orange County Sanitation District (OCSD), or
its designee, shall retain a qualified archaeologist who meets the requirements of the
Secretary of the Interior’s Standards to prepare an Archaeological Monitoring Protocol
Plan for the project that is consistent with all applicable requirements of the City of
Newport Beach Local Coastal Program (CLUP) and Coastal Development Permit
(CDP) as determined by the City of Newport Beach. The Archaeological Monitoring
Protocol Plan shall include, but is not limited to, the following:
Identification of the project’s area of potential effect;
Training procedures regarding the Archaeological Monitoring Protocol Plan
and the identification of potential archaeological resources. The training shall
be open to Native American tribal representative(s), to assist the contractor’s
representative in identifying potential tribal cultural resources.
Procedures to follow in the event that potential archaeological resources are
discovered during construction activities, including, without limitation, halting
work in the area of the find and contacting the qualified archaeologist to
evaluate the find.
Procedures for proceeding with construction work after a significant find is
inventoried, documented, and/or recovered.
OCSD, or designee, shall implement all recommended and required measures
identified in the Archaeological Monitoring Protocol Plan approved by the City of
Newport Beach.
If evidence of potential subsurface archaeological resources is found during ground
disturbance/excavation activities, these activities shall cease within 50 feet of that area
and the construction contractor shall contact OCSD. Construction activities shall be
allowed to continue in other areas of the site. OCSD, or designee, shall then retain a
qualified archaeologist to evaluate the discovery prior to resuming
grading/construction activities in the immediate vicinity of the find. If warranted
based on the archaeologist’s evaluation of the find, the archaeologist shall collect the
resource, and prepare a test-level report describing the results of the investigation. The
test-level report shall evaluate the site including discussion of the significance (depth,
nature, condition, and extent of the resource), identify final mitigation measures that
OCSD or its designee shall incorporate into future construction plans, and provide
cost estimates.
Final Environmental Impact Report
Bay Bridge Pump Station and Force Mains Replacement Project
1549939.1
If the qualified archaeologist determines that the find is prehistoric or includes Native
American materials, affiliated Native American groups shall be invited to contribute
to the assessment and recovery of the resource, as applicable. The qualified
archaeologist and any applicable Native American contacts shall collect the resource
and prepare a test-level report describing the results of the investigation. The test-
level report shall evaluate the site including discussion of significance (depth, nature,
condition, and extent of the resources), final mitigation recommendations, and cost
estimates.
Salvage operation requirements pursuant to Section 15064.5 of the CEQA Guidelines
shall be followed. Work within the area of discovery shall resume only after the
resource has been appropriately inventoried, documented, and/or recovered, as
detailed in the test-level report(s).
1.6 ENVIRONMENTAL EFFECTS WHICH REMAIN SIGNIFICANT
AND UNAVOIDABLE AFTER MITIGATION AND FINDINGS
OCSD, having reviewed and considered the information contained in the Final EIR, Technical
Appendices, and the administrative record, finds that mitigation measures identified in the Final EIR
would avoid or substantially lessen potential Project impacts and, therefore, Project implementation
would not cause a significant unavoidable impact.
2.0 CERTIFICATION OF THE FINAL EIR
OCSD declares that no new significant information as defined by the State CEQA Guidelines, Section
15088.5, has been received by OCSD after circulation of the 2020 Recirculated EIR that would require
recirculation.
OCSD certifies the EIR based on the following findings and conclusions:
2.1 FINDINGS
The Proposed Project would not have the potential for creating significant adverse environmental
impacts. It was determined that applicable mitigation measures would avoid or substantially lessen
potential Project impacts, and that no significant unavoidable impacts would occur.
2.2 CONCLUSIONS
All significant environmental impacts from the implementation of the Proposed Project have
been identified in the EIR and, with implementation of the mitigation measures identified,
would be mitigated to a level of insignificance.
1/27/2021
1
Bay Bridge Pump Station
Replacement, Project No. 5‐67
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
February 3, 2021
Adoption of CEQA
2
Project Evaluated in EIR –City of Newport Beach
1
2
1/27/2021
2
= Opportunities for Public Input 3
CEQA Process
Prepare Draft EIR
AB-52 Consultation Period
Prepare Final EIR including response to comments
Review of Responses by Commenting Agencies
Final Notice of Determination
Distribute Notice of Preparation(30-day review period)
Public Scope Meetings Public and Agency Review of Draft EIR(45-days)
Nov 10, 2016
Nov 30, 2016
Jan 2020 – Aug 2020
Apr 2020 to Jul 2020 Oct 2020 – Jan 2021
Aug to Sep 2020
Feb 2021
Feb 2021 Feb 2021
Board of Directors Meeting
Agencies (6 total)
Summary
of Draft EIR
Public
Comments
4
Individuals (2 total)
Organizations (6 total)
•Newport Beach Residents
3
4
1/27/2021
3
Resources Analyzed in EIR
LAND USE AND PLANNING
AESTHETICS GEOLOGY AND SOILS
NOISEAIR QUALITY GREENHOUSE GAS EMISSIONS
CULTURAL RESOURCES HYDROLOGY AND WATER QUALITY TRIBAL CULTURAL RESOURCES
HAZARDS AND HAZARDOUS MATERIALS TRANSPORTATIONBIOLOGICAL RESOURCES
ENERGY
5
Impacts Requiring Mitigation
LAND USE AND PLANNING
AESTHETICS GEOLOGY AND SOILS
NOISEAIR QUALITY GREENHOUSE GAS EMISSIONS
CULTURAL RESOURCES HYDROLOGY AND WATER QUALITY TRIBAL CULTURAL RESOURCES
HAZARDS AND HAZARDOUS MATERIALS TRANSPORTATIONBIOLOGICAL RESOURCES
ENERGY
6
5
6
1/27/2021
4
No Significant and Unavoidable Impacts
LAND USE AND PLANNING
AESTHETICS GEOLOGY AND SOILS
NOISEAIR QUALITY GREENHOUSE GAS EMISSIONS
CULTURAL RESOURCES HYDROLOGY AND WATER QUALITY TRIBAL CULTURAL RESOURCES
HAZARDS AND HAZARDOUS MATERIALS TRANSPORTATIONBIOLOGICAL RESOURCES
ENERGY
7
8
•Complete Preliminary Design
•Negotiations for Property
•Final Design and Construction Project
Next
Steps
7
8
1/27/2021
5
A. Consider, receive, and certify the Environmental Impact Report for the Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67, dated January 2021; and
B. Adopt Resolution No. OC San 21-__, entitled: “A Resolution of the Board of Directors of the Orange County Sanitation District Certifying the Environmental Impact Report for the Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67; Adopting a Mitigation Monitoring and Reporting Program; and Approving the Bay Bridge Pump Station and Force Mains Replacement Project, Project No. 5-67.
Recommended Action
9
Questions
?
10
9
10
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1407 Agenda Date:2/3/2021 Agenda Item No:8.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
Receive and file the Engineering Program Contract Performance Report for the period ending
December 31, 2020.
BACKGROUND
The Engineering Program involves awarding and managing many construction and consulting
contracts.In 2008,the Orange County Sanitation District Board of Directors began awarding
contingencies along with construction and consulting contracts 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 Engineering Program Contract Performance Report summarizes construction and consulting
contract performance and activities for the quarter ending December 31,2020.This report is
updated quarterly.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Engineering Program Contract Performance Report for the period ending December 31, 2020
JM:dm
Orange County Sanitation District Printed on 1/27/2021Page 1 of 1
powered by Legistar™
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
DATE: January 19, 2021
TO: Orange County Sanitation District
Board of Directors
FROM: James D. Herberg, General Manager Through: Kathy Millea, Director of Engineering
This report summarizes the status, activities, and performance of 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 8
Active Engineering Services Agreements Active Task Orders by Master Agreement
Part 3 - Master Budget Projects page 12 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 18
Supplemental Engineering Services Contract Status
Supplemental Engineering Services Contract Labor Summary
Page 1
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
PART 1 - CONSTRUCTION CONTRACTS
Table 1 lists the Board-awarded construction contracts active as of December 31, 2020. Table 2 lists active construction projects awarded by the General Manager, either because the contract value is within his signature authority, or because the work is being done under a task order with a $300,000 limit. The graph below shows the number and
total value of projects broken down plant and collections.
Three construction contracts were closed in this quarter, as listed in Table 3.
Page 2
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 12/31/2020
Project / Contract Contractor
Award
Date
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
2‐72 Newhope‐Placentia Trunk Replacement
2‐72B Newhope‐Placentia Trunk Replacement, Segment B OHL USA, INC.06/15/2018 $58,242,000 $2,577,220 $60,819,220 6.5% 6.5% 4.4%2.1%
3‐62 Westminster Blvd Force Main Replacement
3‐62 Westminster Blvd Force Main Replacement Teichert Energy & Utilities Group,
Inc.
12/18/2019 $27,743,000 $188,603 $27,931,603 10.0% 10.0% 0.7%9.3%
J‐117 Ocean Outfall System Rehabilitation
J‐117B Outfall Low Flow Pump Station Shimmick Construction Co., Inc. 12/19/2018 $90,200,000 $268,064 $90,468,064 8.0% 8.0% 0.3%7.7%
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,
Roof Fall Protection
Olsson Construction, Inc. 10/24/2018 $3,637,601 $264,529 $3,902,130 10.0% 10.0% 7.3%2.7%
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and
2
Innovative Construction Solutions 07/22/2020 $745,500 $0 $745,500 10.0% 10.0% 0.0%10.0%
P2‐92 Sludge Dewatering and Odor Control at Plant 2
P2‐92 Sludge Dewatering and Odor Control at Plant 2 Shimmick Construction Co., Inc. 01/12/2015 $49,850,000 $2,539,236 $52,389,236 5.0% 6.0% 5.1%0.9%
P2‐98 Primary Treatment Rehabilitation at Plant No. 2
P2‐98B B/C‐Side Primary Clarifiers Interim Repair at Plant 2 Myers & Sons Construction, LLC 01/23/2019 $8,665,000 $402,202 $9,067,202 10.0% 10.0% 4.6%5.4%
P1‐128 Headquarters Complex
P1‐128C Headquarters Complex Site Preparation Resource Environmental, Inc. 07/01/2020 $1,555,000 $0 $1,555,000 10.0% 10.0% 0.0%10.0%
P1‐129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
P1‐129 Return Activated Sludge Piping Replacement at
Activated Sludge Plant No. 1
Abhe & Svoboda, Inc.07/24/2019 $6,863,092 $68,360 $6,931,452 10.0% 10.0% 1.0%9.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final
Expansion
Shimmick Construction Co., Inc. 01/22/2020 $14,487,735 $37,844 $14,525,579 10.0% 10.0% 0.3%9.7%
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 $62,446 $6,104,556 10.0% 10.0% 1.0%9.0%
M‐FE Small Construction Projects Program
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant
No. 1 and No. 2
Baker Electric 01/22/2020 $223,984 $0 $223,984 10.0% 10.0% 0.0%10.0%
FE18‐14 Plant Water Pipeline Replacement in Kinnison,
Lindstrom, and Scott Tunnels at Plant No. 2
MMC, Inc.12/16/2020 $1,134,000 $0 $1,134,000 15.0% 15.0% 0.0%15.0%
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing
Replacement
O'Connell Engineering &
Construction, Inc.
05/27/2020 $674,800 $0 $674,800 10.0% 10.0% 0.0%10.0%
M‐SM‐CAP Operations & Maintenance Capital Program
SC17‐03 CenGen Oil Filter Platform Metro Builders & Engineers Group,
Ltd.
12/04/2019 $134,479 $10,968 $145,447 10.0% 10.0% 8.2%1.8%
SC18‐05 P1 Laboratory HVAC Boiler Burner Replacement At
Plant No.1
ODC Engineering & Technology 11/20/2019 $283,000 $4,932 $287,932 10.0% 10.0% 1.7%8.3%
SC19‐03 Return Activated Sludge Pump Station Elevator
Rehabilitation at Plant No. 2
OTIS 12/16/2020 $432,400 $0 $432,400 20.0% 20.0% 0.0%20.0%
Page 3
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 1 ‐ Active Board‐Awarded Construction Contracts as of 12/31/2020
Project / Contract Contractor
Award
Date
Board Award
Amount Change Orders
Current
Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
Operationally Funded Projects
FE17‐06 Tustin Ave Manhole and Pipe Repair Nuline Technologies, LLC 10/24/2019 $350,000 $0 $350,000 10.0% 30.0% 0.0% 30.0%
FRC‐0004 Seal Beach Pump Station Isolation Valve Replacement J.R. Filanc Construction Company,
Inc.
12/16/2020 $466,830 $0 $466,830 20.0% 20.0% 0.0% 20.0%
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‐276 Central Generation Engine Overhauls at Plant No. 1 and
Plant No. 2 (see MP‐276 as part of SC)
UPS Midstream Services, Inc. 10/23/2019 $5,636,335 $16,400 $5,652,735 20.0% 20.0% 0.3% 19.7%
MP‐305 Cengen Supply Air Fan Support Replacement at Plant
No. 2
J.R. Filanc Construction Company,
Inc.
12/16/2020 $297,000 $0 $297,000 15.0% 15.0% 0.0% 15.0%
MP‐638 Activated Sludge Plant Clarifier Inlet Gate Replacement
at Plant No. 2
Innovative Construction Solutions 12/18/2019 $658,300 $0 $658,300 10.0% 10.0% 0.0% 10.0%
Total $279,275,386 $6,440,804 $285,716,190
** Original Award was $245,424, and later amended to $484,220 with a contingency reduction by Board Action on 4/22/20
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Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 2 ‐ Active GM‐Awarded Construction Contracts as of 12/31/2020
Project / Contract Contractor
Award
Date
Original Award
Amount Change Orders
Current
Contract
Amount
Change Order
Rate
M‐FE Small Construction Projects Program
FE19‐09 Newhope ‐ Placentia Trunk Grade Separation
Replacement Repairs
Charles King Company, Inc. 09/21/2020 $298,850 $0 $298,850 0.0%
Operationally Funded Projects
FR1‐0009 Laboratory Building HVAC Repair at Plant No 1 Aquis Solutions 10/22/2020 $89,000 $0 $89,000 0.0%
FR2‐0019 Digester O Repairs at Plant No. 2 Jamison Engineering 08/28/2020 $131,000 $0 $131,000 0.0%
FRC‐0006 480V Feeder Replacement at the Rocky Point Pump
Station
Charles King Company, Inc. 06/24/2020 $90,700 $0 $90,700 0.0%
Total $609,550 $0 $609,550
Page 5
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 3 ‐ Construction Contracts Closed in Last Quarter
Project / Contract Contractor
Date
Closed Award Date
Board Award
Amount Change Orders
Final Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Unused
Contingency
M‐FE Small Construction Projects Program
FE18‐17 Trunkline Sampler Power Feed at Plant No 2 M. Brey Electric, Inc. 12/4/2020 03/25/2020 $101,050 $0 $101,050 20.0% 20.0% 0.0% 20.0%
M‐FR‐880 Master Operationally Funded
MP‐248 P2 Secondary Clarifier Repairs (AS Plant) W. M. Lyles Company 12/4/2020 06/26/2019 $3,048,000 $52,189 $3,100,189 10.0% 10.0% 1.7%8.3%
MP‐509 P2 Headworks Low Voltage Cable Assessment Mass Electric Construction
Co.
12/4/2020 12/18/2019 $434,327 $59,484 $493,811 20.0% 20.0% 13.7%6.3%
Total $3,583,377 $111,673 $3,695,050
Page 6
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
When the Orange County Sanitation District (OC San) Board awards a construction
contract, they also approve a contingency which allows the General Manager to approve contract change orders up to the amount of the contingency. One purpose of this report is to document how much of the contingency is utilized. A contract’s change order rate is only meaningful when the work is completed. As such, the change order performance
charts in this report are based only on contracts closed since the Board began approving
contingencies in 2008. The following chart shows how cumulative change order rates have changed for plant, collections, and all contracts since the contingency system was implemented.
Page 7
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
PART 2 – ENGINEERING SERVICES AGREEMENTS
OC San engages engineering consultants through Professional Service Agreements (PSAs), Professional Design Services Agreements (PDSAs), Professional Construction Services Agreements (PCSAs), and Master Professional Services Agreements (Master Agreements). PDSAs are used to obtain design engineering services, and PCSAs are a
subsequent agreement with the design consultant to provide support services during
construction. PSAs are used for planning studies and other consultant assignments.
Master Agreements are issued to a pool of pre-qualified consultants for smaller projects. On those smaller projects, OC San solicits task order proposals from three or four of the firms and awards a task order to the most qualified consultant. There are currently six
sets of Master Agreements.
2012 Master Design Agreements (expired)
2015 Master Design Agreements (expired)
2017 Master Agreements for Wastewater Treatment Planning Studies
2018 Master Design Agreements
2020 Master Agreements for On-Call Planning Studies
The two Master Design Agreements from 2012 and 2015 and the 2017 Master Agreements for Wastewater Planning Studies have expired, meaning no new task orders can be issued under them, but previously-issued task orders remain active until completed. Task Orders are limited by OC San Ordinance No. OCSD-52 to $300,000
per task order. The 2020 Master Agreements for Planning Studies were awarded in
September to replace the 2017 Master Agreements for Collection and Wastewater Planning Studies that expired in October 2020.
A status table for all Active Engineering Services Agreements (PDSAs and PCSAs) is attached under Table 4, and a status table for all Active Task Orders by Master
Agreement is attached under Table 5 (Master Agreements).
Page 8
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 4 ‐ Active Engineering Services Agreements as of 12/31/2020
Project / Contract Type Consultant
Award
Date
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
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 Stantec Consulting Services, Inc. 12/18/2019 $1,183,000 $0 $1,183,000 10.0% 10.0% 0.0% 10.0%
3‐64 Rehabilitation of Western Regional Sewers
3‐64 Rehabilitation of Western Regional Sewers PDSA AECOM Technical Services, Inc. 01/27/2016 $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%
5‐67 Bay Bridge Pump Station Replacement
5‐67 Bay Bridge Pump Station Replacement PDSA Arcadis US Inc.10/25/2017 $7,137,000 $1,750,315 $8,887,315 10.0% 35.0% 24.5% 10.5%
5‐68 Newport Beach Pump Station Pressurization Improvements
5‐68 Newport Beach Pump Station Pressurization
Improvements
PDSA Dudek 05/06/2020 $542,988 $0 $542,988 10.0% 10.0% 0.0% 10.0%
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation
7‐65 Gisler ‐ Red Hill Interceptor Rehabilitation PDSA CDM Smith Inc.09/23/2020 $1,754,000 $0 $1,754,000 10.0% 10.0% 0.0% 10.0%
7‐66 Sunflower and Red Hill Interceptor Repairs
7‐66 Sunflower and Red Hill Interceptor Repairs PDSA GHD 09/25/2019 $308,712 $14,548 $323,260 10.0% 10.0% 4.7% 5.3%
J‐117 Ocean Outfall System Rehabilitation
J‐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 Replacement
J‐124 Digester Gas Facilities Replacement PDSA Brown and Caldwell 11/15/2017 $11,770,000 ‐$36,411 $11,733,589 10.0% 10.0% 0.0% 10.0%
J‐126 Safety Improvements Program
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
J‐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%
J‐98 Electrical Power Distribution System Improvements PSA SEL Engineering Services, Inc.02/26/2020 $1,296,878 $0 $1,296,878 10.0% 10.0% 0.0% 10.0%
M‐RESEARCH ‐ 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‐STUDIES Planning Studies Program
PS15‐02 Edinger Pump Station Rehabilitation Study PSA Lockwood, Andrews & Newman, Inc. 11/09/2017 $505,042 $0 $505,042 10.0% 10.0% 0.0% 10.0%
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%
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 CEQA ‐ 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
Study
PSA Carollo Engineers, Inc.03/25/2020 $2,744,000 $0 $2,744,000 10.0% 10.0% 0.0% 10.0%
P1‐101 Sludge Dewatering and Odor Control at Plant 1
P1‐101 Sludge Dewatering and Odor Control at Plant 1 PCSA HDR Engineering, Inc.06/28/2012 $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 $7,902,304 $25,431,261 10.0% 51.0% 45.1% 5.9%
P1‐115 Title 24 Access Compliance and Building Rehabilitation Project
P1‐115 Title 24 Access Compliance and Building
Rehabilitation Project
PCSA Austin Building & Design Inc.01/02/2014 $606,622 $0 $606,622 10.0% 10.0% 0.0% 10.0%
P1‐128 Headquarters Complex
P1‐128 Headquarters Complex PDSA HDR Engineering, Inc.06/22/2016 $11,785,709 $1,114,053 $12,899,762 10.0% 10.0% 9.5% 0.5%
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.07/01/2020 $178,000 $0 $178,000 10.0% 10.0% 0.0% 10.0%
P1‐129 Return Activated Sludge Piping Replacement at Activated Sludge Plant No. 1
P1‐129 Return Activated Sludge Piping Replacement at
Activated Sludge Plant No. 1
PCSA AECOM Technical Services, Inc. 07/24/2019 $140,000 $0 $140,000 10.0% 10.0% 0.0% 10.0%
P1‐132 Uninterruptable Power Supply Improvements at Plant 1
P1‐132 Uninterruptable Power Supply Improvements at
Plant 1
PDSA Tetra Tech, Inc.10/23/2019 $784,680 $0 $784,680 10.0% 10.0% 0.0% 10.0%
Page 9
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 4 ‐ Active Engineering Services Agreements as of 12/31/2020
Project / Contract Type Consultant
Award
Date
Board Award
Amount Amendments
Current Contract
Amount
Original
Contingency
Current
Contingency
Contingency
Used
Contingency
Remaining
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability Improvements at Plant No. 1
P1‐133 Primary Sedimentation Basins No. 6‐31 Reliability
Improvements at Plant No. 1
PDSA Carollo Engineers, Inc.09/25/2019 $1,219,667 $0 $1,219,667 10.0% 10.0% 0.0% 10.0%
P2‐92 Sludge Dewatering and Odor Control at Plant 2
P2‐92 Sludge Dewatering and Odor Control at Plant 2 PCSA Brown and Caldwell 12/17/2014 $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 $1,514,540 $19,655,963 10.0% 10.0% 8.3% 1.7%
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%
P2‐110 Consolidated Demolition and Utility Improvements at Plant 2
P2‐110 Consolidated Demolition and Utility Improvements
at Plant 2
PCSA Stantec Consulting Services, Inc. 01/25/2017 $1,499,839 $0 $1,499,839 10.0% 10.0% 0.0% 10.0%
P2‐122 Headworks Modifications at Plant No. 2 for GWRS Final Expansion
P2‐122 Headworks Modifications at Plant No. 2 for GWRS
Final Expansion
PCSA CDM Smith Inc.01/15/2020 $2,200,000 $0 $2,200,000 10.0% 10.0% 0.0% 10.0%
P2‐123 Return Activated Sludge Piping Replacement at Plant 2
P2‐123 Return Activated Sludge Piping Replacement at Plant
2
PCSA SPEC Services, Inc.09/25/2019 $252,329 $0 $252,329 10.0% 10.0% 0.0% 10.0%
P2‐124 Interim Food Waste Receiving Facility
P2‐124 Interim Food Waste Receiving Facility PDSA Kennedy/Jenks Consultants 09/05/2018 $695,000 $31,168 $726,168 10.0% 10.0% 4.5% 5.5%
P2‐126 Warehouse, Electrical Substation and 12kV Service Center Replacement at Plant No. 2
P2‐126 Warehouse, Electrical Substation and 12kV Service
Center Replacement at Plant No. 2
PDSA Stantec Consulting Services, Inc. 11/18/2020 $4,876,455 $0 $4,876,455 10.0% 10.0% 0.0% 10.0%
P2‐128 TPAD Digester Facility at Plant 2
P2‐128 TPAD Digester Facility at Plant 2 PDSA Brown and Caldwell 06/23/2020 $39,300,000 $0 $39,300,000 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 Stantec Consulting Services, Inc. 03/01/2018 $1,389,866 $108,966 $1,498,832 10.0% 10.0% 7.8% 2.2%
Operationally Funded Projects
FR1‐0007 Control Center Offices and Day Training Room
Remodeling at Plant No. 1 (GM Awarded)
PSA AECOM Technical Services, Inc. 01/15/2020 $81,351 $0 $81,351 0.0% 0.0% 0.0% 0.0%
Total $187,353,671 $16,435,315 $203,788,986
** Original Award was $1,540,000, and later amended to $3,040,000 by Board Action
Page 10
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 5 ‐ Active Task Orders by Master Agreement as of 12/31/2020
Master Agreement / Project Consultant Award Date
Original Task
Order Value Amendments Current Task
Order Value
2012 Master Professional Design Service Agreements (Expired)
FE10‐21 Area 02 Craig Regional Park Manhole Improvements GHD 10/8/2012 $58,440 $41,560 $100,000
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
PS18‐11 ETAP Model Updates for Plant Nos 1 and 2 Brown and Caldwell 3/17/2020 $227,412 $0 $227,412
PS19‐03 Laboratory Rehabilitation Feasibility Study HDR Engineering, Inc. 10/20/2020 $274,888 $0 $274,888
2018 Master Professional Design Service Agreements
FR2‐0013 Trickling Filter Sludge Pump Room Exhaust Fan Relocation at Plant No. 2 AECOM 11/6/2019 $75,120 $0 $75,120
FE19‐02 Cengen Plant Water Pipe Replacement at Plant No. 1 AECOM 04/30/2020 $156,498 $0 $156,498
FE19‐11 Primary Clarifiers Nos. 6‐31 Lighting and Alarm Improvements at Plant No. 1 AECOM 9/15/2020 $226,685 $0 $226,685
J‐127 Natural Gas Pipelines Replacement at Plant Nos. 1 and 2 Black & Veatch 1/21/2019 $271,964 $15,162 $287,126
FE19‐03 Trickling Filter Sludge and Scum Pumps Replacement at Plant No. 1 Black & Veatch 9/1/2020 $244,728 $0 $244,728
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant
No. 2 Dudek 11/6/2019 $108,308 $0 $108,308
P1‐135 Digester Ferric Chloride Piping Replacement at Plant No. 1 Dudek 2/19/2020 $127,174 $0 $127,174
FE18‐16 Truck Loading Basement Drain Modifications at Plant No. 1 GHD, Inc.12/4/2019 $70,130 $18,365 $88,495
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 GHD, Inc.3/27/2020 $168,612 $54,883 $223,495
FE18‐19 12KV Distribution Center B and East RAS Pump Station Roof Replacement HDR Engineering, Inc. 09/16/2019 $74,771 $8,672 $83,443
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 HDR Engineering, Inc.8/18/2020 $243,954 $0 $243,954
FE18‐15 Plant Boiler System Relief at Plant No. 2 IDS Group, Inc.10/22/2019 $23,299 $0 $23,299
FE18‐06 CenGen Instrument Air Compressors Replacement at Plant No. 1 and No. 2 IDS Group, Inc.04/28/2020 $89,876 $0 $89,876
FE19‐06 EPSA Motor Cooling Improvements at Plant No. 2 IDS Group, Inc.05/05/2020 $88,206 $0 $88,206
2020 Master Agreements for On‐Call Planning Studies
No Task Orders Issued to Date ‐‐‐‐‐‐‐‐‐‐
Total $2,616,181 $211,779 $2,827,960
Page 11
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
PART 3 – MASTER BUDGET PROJECTS
The Board-adopted budget for Fiscal Years 2018-19 and 2019-20 includes master program budgets that allow staff to more quickly initiate, execute, and manage smaller projects that fit within the scope of a particular program. The projects chartered under these program budgets are referred to as sub-projects and are managed to the same
standards as projects specifically listed in the adopted budget. A status table for each of
these programs listing the sub-projects is attached.
Master Program Title Status Table
Planning Studies Program Table 6
Research Program Table 7
Small Construction Projects Program Table 8
Information Technology Capital Program Table 9
Operations & Maintenance Capital Program Table 10
Page 12
Project Number Project Name Status Allocated Budget
PS15‐02 Edinger Pump Station Rehabilitation Study Active 971,000$
PS15‐06 Seismic Evaluation of Structures at Plant Nos. 1 and 2 Closed 2,899,178$
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 Closed 1,046,276$
PS16‐02 SCE Feed Reliability Improvements Study Active 293,000$
PS17‐03 Active Fault Location Study at Plant No. 2 Active 1,300,000$
PS17‐08 CEQA ‐ Facilities Master Plan Active 1,247,000$
PS17‐10 Emergency Overflow Weirs, Wing Wall Structural and Geotechnical Investigations Closed 382,598$
PS18‐01 Asset Management Plan Development Closed 331,035$
PS18‐05 Plant No. 2 Future Site Plan Development Closed 149,648$
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. 1 Closed 13,762$
PS19‐02 Circular Primary Clarifier Replacement Phasing Study at Plant No 1 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$
PS20‐01 O&M Complex and Collections Yard Relocation at Plant No. 2 Active 375,000$
PS20‐02 Collection System Flow Level Monitoring Study Active 575,000$
PS20‐03 Truck Loading Bay Odor Control Improvements Study at Plant No. 2 Active 200,000$
Grand Total 22,168,567$
Number of Chartered Projects 21
Board Approved Program Budget 28,652,000$
Remaining Unallocated Budget 6,483,433$
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 6 ‐ Planning Studies Status Report
Page 13
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 Station Closed 80,000$
RE18‐01 Trickling Filter Bleach Test at Plant No. 1 Closed 109,068$
RE18‐02 Protein Matrix Demonstration Study at Plant No 1 Closed 346,843$
RE19‐01 Primary Scum Equipment Evaluation at Plant No. 1 Active 31,000$
RE20‐01 Co‐Thickened Sludge Density Meter Trial atl Plant No. 1 Active 121,000$
RE20‐04 Holding Digester 6 Solids Shredder Study at Plant No. 1 Active 95,000$
RE20‐05 UCI PFAS Study Active 50,000$
Grand Total 2,444,781$
Number of Chartered Projects 15
Board Approved Program Budget 8,500,000$
Remaining Unallocated Budget 6,055,219$
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 7 ‐ Research Program Status Report
Page 14
Project Number Project Name Status Allocated Budget
FE10‐21 Area 02 Craig Regional Park Manhole Improvements Active 1,359,000$
FE14‐05 Plant No. 1 Fleet Services UST Leak Remediation Active 1,487,311$
FE15‐07 Secondary Treatment and Plant Water VFD Replacement at Plant 1 Active 3,319,600$
FE15‐10 East Lido Force Main Rehabilitation Active 2,228,000$
FE16‐06 Fuel Cell Facilities Demolition Closed 977,972$
FE16‐10 East Basin Distribution Box Repair Closed 1,013,850$
FE16‐11 Lane Channel Crossing Closed 328,023$
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 Active 1,450,000$
FE18‐08 West Trunk Bypass Sewer Realignment Active 158,000$
FE18‐11 Headworks Explosive Gas Monitoring Systems at Plant No. 1 and No. 2 Active 470,000$
FE18‐12 Erosion Control at Santa Ana River and Hamilton Ave Active 245,000$
FE18‐13 Redhill Relief Sewer Relocation at State Route 55 Active 2,840,000$
FE18‐14 Plant Water Pipeline Replacement in Kinnison, Lindstrom, and Scott Tunnels at Plant No. 2 Active 1,895,000$
FE18‐15 Plant Boiler System Relief at Plant No. 2 Active 310,000$
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 Station Closed 116,166$
FE18‐19 12KV Distribution B and East RAS Pump Station Roofing Replacement Active 1,188,000$
FE18‐20 Blower Building No. 1 Air Compressors at Plant No. 1 Active 1,200,000$
FE19‐01 Pump Station Portable Generator Connectors Active 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$
FE20‐01 Wastehauler Station Safety and Security Improvements Active 830,000$
FE20‐02 Digester C, D, F, and G Mechanical Rehabilitation at Plant No. 2 Active 2,800,000$
FE20‐03 Return Activated Sludge Discharge Piping Replacement at Activated Sludge Plant No. 1 Active 4,250,000$
FE20‐04 Cengen Cooling Water Pipe Replacement at Plant No. 2 Active 3,500,000$
FE20‐05 Plant Water Piping Replacement at Secondary Clarifiers 1‐26 at Plant No. 1 Active 1,545,000$
FE20‐06 Thickening and Dewatering Building Pipe Support Improvements at Plant No. 1 Active 621,000$
FE20‐07 Santa Ana Trunk Rehabilitation at Plant No. 1 Active 1,240,000$
Grand Total 57,912,862$
Number of Chartered Projects 42
Board Approved Program Budget 65,000,000$
Remaining Unallocated Budget 7,087,138$
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 8 ‐ Small Construction Projects Program Status Report
Page 15
Project Number Project Name Status Allocated Budget
IT16‐09 iPACS Enhancements Active 85,000$
IT16‐10 LIMS Compliance Improv Project Closed 754,800$
IT16‐11 Business Continuity Plan Active 140,000$
IT17‐06 Printer Obsolescence Active 350,000$
IT17‐07 Safety Management Suite Active 106,000$
IT17‐10 Electronic Operator Round Form Active 45,000$
IT17‐12 Sever/Network Power Improvements Active 90,000$
IT17‐14 Specialized Application Programing & Support Active 600,000$
IT18‐03 Timecard Systems Upgrade Active 150,000$
IT18‐04 Conference Rooms Audio System Replacement Closed 90,000$
IT18‐05 Trusted System Document Management Active 100,000$
IT18‐06 Server Replacement and Obsolescence FY18/19‐19/20 Closed 900,000$
IT18‐07 Network Equipment FY18/19‐19/20 Closed 850,000$
IT18‐09 Records Management Information System Active 150,000$
IT18‐10 Board Services Management System Active 60,000$
IT18‐11 IT Security Budget 2018‐2019 Closed 150,000$
IT19‐01 IT Safety VPP Systems (IT19‐01)Active 210,000$
IT19‐02 IT Enterprise Replication (IT19‐02)Active 90,000$
IT19‐03 IT HP Plotter (IT19‐03)Closed 8,200$
IT19‐04 IT HCI for ICS and ICS‐DMZ (IT19‐04)Active 200,000$
IT19‐05 IT P1 & P2 Data Refresh (IT19‐05)Active 500,000$
IT20‐01 IT Server Replacement and Obsolescence FY20‐ 6520001 Active 700,000$
IT20‐02 IT Network Equipment FY20‐ 6520002 Active 500,000$
IT20‐03 IT Security Budget FY20‐ 6520003 Active 150,000$
IT20‐04 Cyber Security Program (IT20‐04) 6520004 Active 150,000$
Grand Total 7,129,000$
Number of Chartered Projects 25
Board Approved Program Budget 10,000,000$
Remaining Unallocated Budget 2,871,000$
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 9 ‐ Information Technology Capital Program Status Report
Page 16
Project Number Project Name Status Allocated Budget
MP‐276‐1 Central Generation Engine Overhauls at Plant No. 1 and Plant No. 2 Active 5,900,000$
SC16‐01 Maint. Storage Area Tool Cage Closed ‐$
SC17‐01 CENGEN #1 Elevator Rehab Active 110,000$
SC17‐02 P1 CenGen Plant Water Piping Rehabilitation Closed 12,656$
SC17‐03 CenGen Oil Filter Platform Closed 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)Closed 261,260$
SC17‐06 P1 Lab UPS System Replacement Closed 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)Closed 120,000$
SC18‐03 P1 SALS Main Duty Pump & Motor and Installation ‐ Remaining 2 (MP‐524)Closed 500,000$
SC18‐04 Edinger UPS Replacement (MP‐444)Closed 15,000$
SC18‐05 P1 Laboratory HVAC Boiler Burner Replacement At Plant No.1 Active 400,461$
SC18‐06 Pump Station Bypass Parts ‐ Procurement (MP‐426)Closed 493,953$
SC18‐08 MacArthur Pump Station ‐ FM Valve Replacement Active 55,000$
SC18‐09 Admin Bldg UPS System Replacement Active 81,332$
SC19‐01 Main Air Compressor Building Electrical Improvements at Plant No. 2 Closed 359,176$
SC19‐02 Truck Loading‐Conveyors 3&6 (SC19‐02)Active 205,300$
SC19‐05 as the Lido PS UPS Replacement Active 55,000$
SC19‐06 EPSA Standby Power Generator Control Upgrades at Plant No. 2 Active 1,251,500$
SC19‐07 Sunflower Pump Station Gearbox Swing Unit Purchase Active 199,000$
Grand Total 11,729,932$
Number of Chartered Projects 23
Board Approved Program Budget 15,622,000$
Remaining Unallocated Budget 3,892,068$
Engineering Program Contract Performance Report
for Quarter Ending 12/31/2020
Table 10 ‐ Operations & Maintenance Capital Program Status Report
Page 17
Engineering Program
Contract Performance Report
For the Period Ending December 31, 2020
PART 4 – SUPPLEMENTAL ENGINEERING SERVICES CONTRACT
In May 2016, OC San Board of Directors approved a $41 million professional services agreement with Jacobs Project Management Co. to provide supplemental engineering and support staff services for a four-year term with the option of three one-year renewals. The benefits of using a supplemental engineering services contract, as opposed to hiring
full-time staff or limited-term employees, include rapid mobilization of highly
skilled/technical staff, flexibility to change the mix of staff positions on an immediate and as-needed basis, the ability to reduce staff as workloads decrease, access to technical experts to support special tasks, and access to staff with wastewater project experience.
A status table for the supplemental engineering services contract summary is attached
under Table 11, and the supplemental engineering services labor summary can be
found under Table 12.
Table 11 – Supplemental Engineering Services Contract Status
Total Fees Time
Contract $41,000,000 86 months
(1)
Actuals to Date $23,637,085 58% 56 months 65%
Remaining $17,362,915 42% 30 months 35%
(1) Assuming three 1‐year extensions
Table 12 ‐ Supplemental Engineering Services Labor Summary
This Quarter Inception to Date
Labor Hours 7,736 176,481
Full Time Equivalents 17.2 21.0
Labor Costs (no expenses) $1,080,450 $23,159,311
Average Hourly Rate $140 $131
Page 18
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1416 Agenda Date:2/3/2021 Agenda Item No:9.
FROM:James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager
SUBJECT:
RESERVES AND INVESTMENTS POLICIES
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
Information Item.
BACKGROUND
Each month,staff provides an informational presentation on topics of interest to the Board of
Directors. This month’s topic: Orange County Sanitation District reserves and investments policies.
RELEVANT STANDARDS
·Ensure that investment proposals and decisions are based on clearly defined standards
·Orange County Sanitation District Investment Policy
·Ensure the public’s money is wisely spent
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Presentation
Orange County Sanitation District Printed on 1/27/2021Page 1 of 1
powered by Legistar™
1/27/2021
1
OC San Reserves
& Investments
Presented by:
Wally Ritchie,
Controller
Operations
Committee
February 3,
2021
1) Next Year's Dry Period (Cash Flow Reserve) 50% of the Operating Budget
2) Operating Contingencies10% of Operating Budget
3) Next Year's Dry Period Debt Service100% of August Certificates of Participation (COP)
Debt Service
4) Debt Service Reserve
10% of the Outstanding COPs
5) Capital Improvement Reserve50% of the average Capital Improvement Program (CIP)
for the next ten years
6) Operating & Capital Share of Catastrophe Funds
7) Replacement and Refurbishment2% of the average CIP per year
Seven Reserve Criteria
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Next Year's Dry Period (Cash Flow Reserve) 50%
of the Operating Budget
Next Year's Dry Period Debt Service
100% of August COP Debt Service
Debt Service Reserve
10% of the Outstanding COPs
Non‐Discretionary Criteria
Page 2
Operating Contingencies
10% of the Operating Budget
Capital Improvement Reserve
50% of the average CIP for the next ten years
Operating & Capital Share of Catastrophe Funds
Replacement and Refurbishment2% of the CIP Per Year
Discretionary Reserve Criteria
Page 3
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First
• Provide safety of principal
Second
• Provide sufficient liquidity
Third
• Earn a commensurate rate of return consistent with the constraints imposed by the objectives listed above
Investment Objectives
Page 4
•Specializing in Investment Management for Public
Agencies
•Independent & Employee-Owned
• Fixed income specialist since 1988 • Founded by public investment professionals• Headquartered in San Diego, CA
•Stable Team of Investment Professionals
• Team of investment professionals average over 21 years portfolio management experience• Disciplined, repeatable investment philosophy and process• Proprietary investment analysis
Chandler Asset Management
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Custom Investment Programs
• Investment solutions based on your risk profile and return goals• Strategies for operating, short, and long-term reserves• Direct contact with investment management team
Chandler Asset Management
Assets Under Management
$19.5 Billion
Page 6
• Near-term outlook remains challenging as the labor market remains under pressure and many regions have renewed business restrictions due to the virus.
• The distribution of vaccines and therapeutics will help fuel the economic recovery later this year.
• The Fed’s highly accommodative monetary policy framework will continue to provide support for the financial markets.
Economic Update
Page 7
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Economic Update
Page 8
• The Orange County Sanitation District’s Investment Policy is consistent with California Government Code
• Long-Term
• Approximately $658 million
• Compares to the ICE BAML 1-5 Year
• Corporate Government Rated AAA – A Index
• Short-Term (Liquidity)
• Approximately $226 million
• Compares to the 3-month T-Bill rate
• Operates with a maximum maturity of 1-year
*As of 12/31/2020
Portfolios ‐Long‐Term and Short Term
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Long‐Term Portfolio – Asset Allocation
Category Percent
US Treasury 34%
Agency 32%
US Corporate 21%
Supranational 7%
Asset Backed Sec 4%
Other 2%
Total 100%
Page 10
Long‐Term Portfolio –Performance
Page 11
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Short‐Term Portfolio – Asset Allocation
Category Percent
US Treasury 81%
Agency 9%
Money Market 4%
US Corporate 3%
Negotiable CDs 2%
Supranational 1%
Total 100%
Page 12
Short‐Term Portfolio –Performance
Page 13
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Questions
?
Page 14
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ORANGE COUNTY SANITATION DISTRICT
COMMON ACRONYMS
ACWA Association of California
Water Agencies LOS Level Of Service RFP Request For Proposal
APWA American Public Works
Association MGD Million Gallons Per Day RWQCB Regional Water Quality
Control Board
AQMD Air Quality Management
District MOU Memorandum of
Understanding SARFPA Santa Ana River Flood
Protection Agency
ASCE American Society of Civil Engineers NACWA National Association of Clean Water Agencies SARI Santa Ana River Interceptor
BOD Biochemical Oxygen Demand NEPA National Environmental Policy
Act SARWQCB Santa Ana Regional Water
Quality Control Board
CARB California Air Resources
Board NGOs Non-Governmental
Organizations SAWPA Santa Ana Watershed
Project Authority
CASA California Association of
Sanitation Agencies NPDES National Pollutant Discharge
Elimination System SCADA Supervisory Control And
Data Acquisition
CCTV Closed Circuit Television NWRI National Water Research
Institute SCAP
Southern California
Alliance of Publicly Owned Treatment Works
CEQA California Environmental
Quality Act O & M Operations & Maintenance SCAQMD South Coast Air Quality
Management District
CIP Capital Improvement
Program OCCOG Orange County Council of
Governments SOCWA South Orange County
Wastewater Authority
CRWQCB California Regional Water
Quality Control Board OCHCA Orange County Health Care
Agency SRF Clean Water State
Revolving Fund
CWA Clean Water Act OCSD Orange County Sanitation District SSMP Sewer System Management Plan
CWEA California Water Environment Association OCWD Orange County Water District SSO Sanitary Sewer Overflow
EIR Environmental Impact Report OOBS Ocean Outfall Booster Station SWRCB State Water Resources
Control Board
EMT Executive Management Team OSHA Occupational Safety and
Health Administration TDS Total Dissolved Solids
EPA US Environmental Protection Agency PCSA
Professional
Consultant/Construction
Services Agreement
TMDL Total Maximum Daily Load
FOG Fats, Oils, and Grease PDSA Professional Design Services
Agreement TSS Total Suspended Solids
gpd gallons per day PFAS
Per- and Polyfluoroalkyl
Substances WDR Waste Discharge
Requirements
GWRS Groundwater Replenishment
System PFOA Perfluorooctanoic Acid WEF Water Environment
Federation
ICS Incident Command System PFOS Perfluorooctanesulfonic Acid WERF Water Environment & Reuse Foundation
IERP Integrated Emergency
Response Plan POTW Publicly Owned Treatment
Works WIFIA Water Infrastructure
Finance and Innovation Act
JPA Joint Powers Authority ppm parts per million WIIN Water Infrastructure Improvements for the
Nation Act
LAFCO Local Agency Formation
Commission PSA Professional Services
Agreement WRDA Water Resources
Development Act
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
ACTIVATED SLUDGE PROCESS – A secondary biological wastewater treatment process where bacteria reproduce at a high rate with the introduction of excess air or oxygen and consume dissolved nutrients in the wastewater.
BENTHOS – The community of organisms, such as sea stars, worms, and shrimp, which live on, in, or near the seabed, also known as the benthic zone.
BIOCHEMICAL OXYGEN DEMAND (BOD) – The amount of oxygen used when organic matter undergoes decomposition by microorganisms. Testing for BOD is done to assess the amount of organic matter in water.
BIOGAS – A gas that is produced by the action of anaerobic bacteria on organic waste matter in a digester tank that can be used
as a fuel.
BIOSOLIDS – Biosolids are nutrient rich organic and highly treated solid materials produced by the wastewater treatment process. This high-quality product can be recycled as a soil amendment on farmland or further processed as an earth-like product for
commercial and home gardens to improve and maintain fertile soil and stimulate plant growth.
CAPITAL IMPROVEMENT PROGRAM (CIP) – Projects for repair, rehabilitation, and replacement of assets. Also includes treatment improvements, additional capacity, and projects for the support facilities.
COLIFORM BACTERIA – A group of bacteria found in the intestines of humans and other animals, but also occasionally found elsewhere, used as indicators of sewage pollution. E. coli are the most common bacteria in wastewater.
COLLECTIONS SYSTEM – In wastewater, it is the system of typically underground pipes that receive and convey sanitary wastewater or storm water.
CERTIFICATE OF PARTICIPATION (COP) – A type of financing where an investor purchases a share of the lease revenues of a program rather than the bond being secured by those revenues.
CONTAMINANTS OF POTENTIAL CONCERN (CPC) – Pharmaceuticals, hormones, and other organic wastewater contaminants.
DILUTION TO THRESHOLD (D/T) – The dilution at which the majority of people detect the odor becomes the D/T for that air sample.
GREENHOUSE GASES (GHG) – In the order of relative abundance water vapor, carbon dioxide, methane, nitrous oxide, and ozone gases that are considered the cause of global warming (“greenhouse effect”).
GROUNDWATER REPLENISHMENT SYSTEM (GWRS) – A joint water reclamation project that proactively responds to Southern California’s current and future water needs. This joint project between the Orange County Water District and OCSD provides 70
million gallons per day of drinking quality water to replenish the local groundwater supply.
LEVEL OF SERVICE (LOS) – Goals to support environmental and public expectations for performance.
N-NITROSODIMETHYLAMINE (NDMA) – A N-nitrosamine suspected cancer-causing agent. It has been found in the GWRS
process and is eliminated using hydrogen peroxide with extra ultra-violet treatment.
NATIONAL BIOSOLIDS PARTNERSHIP (NBP) – An alliance of the NACWA and WEF, with advisory support from the EPA. NBP is committed to developing and advancing environmentally sound and sustainable biosolids management practices that go beyond regulatory compliance and promote public participation to enhance the credibility of local agency biosolids programs and improved communications that lead to public acceptance.
PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) – A large group (over 6,000) of human-made compounds that are resistant to heat, water, and oil and used for a variety of applications including firefighting foam, stain and water-resistant clothing, cosmetics, and food packaging. Two PFAS compounds, perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) have been the focus of increasing regulatory scrutiny in drinking water and may result in adverse health effects including developmental effects to fetuses during pregnancy, cancer, liver damage, immunosuppression, thyroid effects, and other effects.
PERFLUOROOCTANOIC ACID (PFOA) – An ingredient for several industrial applications including carpeting, upholstery, apparel, floor wax, textiles, sealants, food packaging, and cookware (Teflon).
PERFLUOROOCTANESULFONIC ACID (PFOS) – A key ingredient in Scotchgard, a fabric protector made by 3M, and used in numerous stain repellents.
PLUME – A visible or measurable concentration of discharge from a stationary source or fixed facility.
PUBLICLY OWNED TREATMENT WORKS (POTW) – A municipal wastewater treatment plant.
SANTA ANA RIVER INTERCEPTOR (SARI) LINE – A regional brine line designed to convey 30 million gallons per day of non-reclaimable wastewater from the upper Santa Ana River basin to the ocean for disposal, after treatment.
SANITARY SEWER – Separate sewer systems specifically for the carrying of domestic and industrial wastewater.
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) – Regional regulatory agency that develops plans and
regulations designed to achieve public health standards by reducing emissions from business and industry.
SECONDARY TREATMENT – Biological wastewater treatment, particularly the activated sludge process, where bacteria and other microorganisms consume dissolved nutrients in wastewater.
SLUDGE – Untreated solid material created by the treatment of wastewater.
TOTAL SUSPENDED SOLIDS (TSS) – The amount of solids floating and in suspension in wastewater.
ORANGE COUNTY SANITATION DISTRICT
GLOSSARY OF TERMS
TRICKLING FILTER – A biological secondary treatment process in which bacteria and other microorganisms, growing as slime on the surface of rocks or plastic media, consume nutrients in wastewater as it trickles over them.
URBAN RUNOFF – Water from city streets and domestic properties that carry pollutants into the storm drains, rivers, lakes, and oceans.
WASTEWATER – Any water that enters the sanitary sewer.
WATERSHED – A land area from which water drains to a particular water body. OCSD’s service area is in the Santa Ana River Watershed.