HomeMy WebLinkAbout03-03-2021 Operations Committee Meeting Complete Agenda PacketORANGE 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, March 2, 2021.
You may also submit comments and questions for the Operations 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.
February 24, 2021
NOTICE OF MEETING
OPERATIONS COMMITTEE
ORANGE COUNTY SANITATION DISTRICT
Wednesday, March 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, March 3, 2021 at 5:00 p.m.
OPERATIONS COMMITTEE MEETING DATE
BOARD MEETING DATE
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
02/02/22 02/23/22
* Meeting will be held on the third Wednesday of the month
ROLL CALL
OPERATIONS COMMITTEE
Engineering and Operations & Maintenance
Meeting Date: March 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
Kim Nichols
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 2/9/2021 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 Kim Nichols Chip Monaco
Placentia Chad Wanke Ward Smith
Santa Ana Johnathan Ryan Hernandez Nelida Mendoza
Seal Beach Sandra Massa-Lavitt Schelly Sustarsic
Stanton David Shawver Carol Warren
Tustin Ryan Gallagher Austin Lumbard
Villa Park Chad Zimmerman Robert Collacott
Sanitary/Water Districts
Costa Mesa Sanitary District Bob Ooten Art Perry
Midway City Sanitary District Andrew Nguyen 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, March 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, March 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 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
March 2, 2021.
You may also submit comments and questions for the Operations 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.
1.2021-1495APPROVAL OF MINUTES
RECOMMENDATION:
Approve Minutes of the Regular Meeting of the Operations Committee Meeting on
February 3, 2021.
Originator:Kelly Lore
Agenda Report
02-03-2021 Operations Committee Minutes
Attachments:
2.2021-1457PURCHASE OF INVENTORY REPLACEMENT PUMPS FOR PLANT
NO. 1 DIGESTER HIGH-RATE PUMPS
Page 1 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 3, 2021
RECOMMENDATION:
A. Approve a Sole Source Purchase Order to Flo-Systems for the purchase of two
Hidrostal I16K-SS pumps for Plant No. 1 Digesters, for a total amount not to
exceed $158,728, including taxes and freight; and
B. Approve a contingency of $15,873 (10%).
Originator:Rob Thompson
Agenda ReportAttachments:
3.2021-1467BIOSOLIDS HAULING SERVICE CONTRACT
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Denali Water Solutions, LLC to collect and haul
Orange County Sanitation District’s biosolids from Reclamation Plant No. 1
and/or Treatment Plant No. 2 to the Inland Empire Regional Composting Facility
and alternative sites if needed for the period beginning May 12, 2021 through
December 21, 2022, for the unit price of $15.45 per ton of biosolids, plus fuel
surcharges, for a total amount not to exceed $600,000 per contract term, with
four (4) one-year renewal options: and
B. Approve a 10% unit price per ton contingency.
Originator:Lan Wiborg
Agenda Report
S-2020-1208BD Contract and SOW
Attachments:
NON-CONSENT:
4.2020-1379HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO.
P1-105
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Headworks
Rehabilitation at Plant No. 1, Project No. P1-105;
B. Award a Construction Contract to Kiewit Infrastructure West Co. for Headworks
Rehabilitation at Plant No. 1 for a total amount not to exceed $222,330,000; and
C. Approve a contingency of $8,893,200 (4%).
Originator:Kathy Millea
Page 2 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 3, 2021
Agenda Report
P1-105 Draft Contract
Item 4 Presentation
Attachments:
5.2020-1380HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO.
P1-105
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Carollo
Engineers, Inc. to provide construction support services for Headworks
Rehabilitation at Plant No. 1, Project No. P1-105, for an amount not to exceed
$16,500,000; and
B. Approve a contingency of $1,650,000 (10%).
Originator:Kathy Millea
Agenda Report
P1-105 PCSA Agreement
Item 5 Presentation
Attachments:
INFORMATION ITEMS:
6.2021-1417OPERATIONS & MAINTENANCE: WASTEWATER 101
RECOMMENDATION:
Information Item.
Originator:Rob Thompson
Agenda Report
Wastewater Treatment Presentation
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 3 of 4
OPERATIONS COMMITTEE Regular Meeting Agenda Wednesday, March 3, 2021
ADJOURNMENT:
Adjourn the Committee meeting until the Regular Meeting of the Operations Committee on
April 7, 2021 at 5:00 p.m.
Page 4 of 4
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1495 Agenda Date:3/3/2021 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 February 3, 2021.
BACKGROUND
In accordance with the Board of Directors Rules of Procedure,an accurate record of each meeting
will be provided to the Directors for subsequent approval at the following meeting.
RELEVANT STANDARDS
·Resolution No. OC SAN 21-01
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 February 3, 2021
Orange County Sanitation District Printed on 2/23/2021Page 1 of 1
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Orange County Sanitation District
Minutes for the
OPERATIONS COMMITTEE
Wednesday, February 3, 2021
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 Stacy
Berry on Wednesday, February 3, 2021 at 5:03 p.m. in the Administration Building of the
Orange County Sanitation District. Chair Berry 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). Board
Vice-Chair Withers led the Flag Salute.
ROLL CALL AND DECLARATION OF QUORUM:
Roll call was taken and a quorum was declared present, as follows:
PRESENT:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers, Chad Zimmerman and Kim Nichols
ABSENT:None
STAFF PRESENT: Kelly Lore, Clerk of the Board, and Mortimer Caparas were present in the
Board Room. Jim Herberg, General Manager; Rob Thompson, Assistant General Manager;
Lorenzo Tyner, Assistant General Manager; Celia Chandler, Director of Human Resources;
Kathy Millea, Director of Engineering; Lan Wiborg, Director of Environmental Services;
Jennifer Cabral; Tanya Chong; Raul Cuellar; Tina Knapp; Richard Leon; Jeff Mohr; Adam
Nazaroff; Valerie Ratto; Wally Ritchie; Thomas Vu; and Eros Yong were in attendance
telephonically.
OTHERS PRESENT: Brad Hogin, General Counsel was present in the Board Room.
PUBLIC COMMENTS:
None.
REPORTS:
Chair Berry reminded the Committee of the Board Orientation scheduled for February 4, 2021
at 2:00 p.m.
General Manager Herberg provided information of the upcoming Virtual Plant Tour scheduled
for February 18, 2021 at 3:00 p.m.
Page 1 of 6
OPERATIONS COMMITTEE Minutes February 3, 2021
CONSENT CALENDAR:
1.APPROVAL OF MINUTES 2020-1390
Originator: Kelly Lore
MOVED, SECONDED, AND DULY CARRIED TO:
Approve Minutes of the Regular Meeting of the Operations Committee Meeting on
December 2, 2020.
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols
ABSTENTIONS:None
2.PLANT NO. 1 PRIMARY EFFLUENT PUMP STATION PUMP NO. 3
VARIABLE FREQUENCY DRIVE REPLACEMent
2021-1436
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols
ABSTENTIONS:None
3.DIGESTER FERRIC CHLORIDE PIPING REPLACEMENT AT PLANT
NO. 1, PROJECT NO. P1-135
2020-1345
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 2 of 6
OPERATIONS COMMITTEE Minutes February 3, 2021
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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols
ABSTENTIONS:None
4.QUARTERLY ODOR COMPLAINT REPORT 2021-1399
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO:
Receive and file the Fiscal Year 2020-21 Second Quarter Odor Complaint Report.
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols
ABSTENTIONS:None
5.PLANT NO. 1 BUILDING 5/6 UNINTERRUPTIBLE POWER SUPPLY
REPLACEMENT
2021-1440
Originator: Rob Thompson
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
Page 3 of 6
OPERATIONS COMMITTEE Minutes February 3, 2021
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers and Chad Zimmerman
NOES:None
ABSENT:Kim Nichols
ABSTENTIONS:None
Director Nichols arrived at the meeting at approximately 5:15 p.m.
NON-CONSENT:
6.TAFT BRANCH IMPROVEMENTS, PROJECT NO. 2-49 2020-1343
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a presentation on this item that included
information about the project location, existing sewer, selection process, and
negotiation.
MOVED, SECONDED, AND DULY CARRIED TO: 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%).
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers, Chad Zimmerman and Kim Nichols
NOES:None
ABSENT:None
ABSTENTIONS:None
7.BAY BRIDGE PUMP STATION REPLACEMENT, PROJECT NO. 5-67 2020-1344
Originator: Kathy Millea
Director of Engineering Kathy Millea provided a presentation on this item that included
information about the project evaluation, CEQA process, a summary of the Draft EIR
public comments, resources analyzed, impacts requiring mitigation, and next steps of
the project.
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Page 4 of 6
OPERATIONS COMMITTEE Minutes February 3, 2021
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”.
AYES:Stacy Berry, Brooke Jones, Doug Chaffee, Stephen Faessel, Ryan
Gallagher, Johnathan Ryan Hernandez, Steve Jones, Sandra
Massa-Lavitt, Robert Ooten, Jesus Silva, David Shawver, John
Withers, Chad Zimmerman and Kim Nichols
NOES:None
ABSENT:None
ABSTENTIONS:None
8.ENGINEERING PROGRAM CONTRACT PERFORMANCE REPORT 2021-1407
Originator: Kathy Millea
MOVED, SECONDED, AND DULY CARRIED TO: Recommend to the Board of
Directors to:
Receive and file the Engineering Program Contract Performance Report for the period
ending December 31, 2020.
INFORMATION ITEMS:
9.RESERVES AND INVESTMENTS POLICIES 2021-1416
Originator: Lorenzo Tyner
Assistant General Manager Lorenzo Tyner introduced Wally Ritchie, Controller, who
provided an informative presentation that included an overview of OC San's seven
reserve criteria, non-discretionary and discretionary criteria, investment objectives,
Chandler Asset Management, an economic update, and long-term and short term
portfolios including asset allocation and performance.
ITEM RECEIVED AS AN:
Information Item.
Page 5 of 6
OPERATIONS COMMITTEE Minutes February 3, 2021
DEPARTMENT HEAD REPORTS:
None.
CLOSED SESSION:
None.
OTHER BUSINESS AND COMMUNICATIONS OR SUPPLEMENTAL AGENDA ITEMS, IF
ANY:
None.
BOARD OF DIRECTORS INITIATED ITEMS FOR A FUTURE MEETING:
None.
ADJOURNMENT:
Chair Berry declared the meeting adjourned at 5:46 p.m. to the meeting to be held on
Wednesday, March 3, 2021 at 5:00 p.m.
Submitted by:
__________________
Kelly A. Lore, MMC
Clerk of the Board
Page 6 of 6
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1457 Agenda Date:3/3/2021 Agenda Item No:2.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
PURCHASE OF INVENTORY REPLACEMENT PUMPS FOR PLANT NO.1 DIGESTER HIGH-
RATE PUMPS
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION:
A. Approve a Sole Source Purchase Order to Flo-Systems for the purchase of two Hidrostal I16K-
SS pumps for Plant No. 1 Digesters, for a total amount not to exceed $158,728, including
taxes and freight; and
B. Approve a contingency of $15,873 (10%).
BACKGROUND
Digesters stabilize organic solids from primary and secondary treatment processes and produce
biosolids and digester gas to fuel the Orange County Sanitation District’s (Sanitation District)Central
Generation facilities.There are 10 working digesters with two high-rate mix pumps per digester.
Both high-rate pumps are needed for proper mixing of the co-thickened sludge at Plant No.1.
Failure of any one pump will result in degradation of the mixing process and loss of gas production.
RELEVANT STANDARDS
·24/7/365 treatment plant reliability
·Maintain a proactive asset management program
·Maintain a culture of improving efficiency to reduce the cost to provide the current service level
or standard
PROBLEM
The requirement to operate two pumps to maintain full operation inhibits the ability to pull pumps for
maintenance prior to failure.This leads to long turnaround times,and process outages,for repair
due to long lead time parts requirements for these specialty pumps.
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File #:2021-1457 Agenda Date:3/3/2021 Agenda Item No:2.
PROPOSED SOLUTION
Procure two spare Hidrostal high-rate mix pumps,one clockwise rotation and one counterclockwise
rotation,to provide ready spare assets for removal and repair of pumps prior to failures.This will
ensure asset availability and maintain proper mixing of the digester sludge.These two assets will
serve as replacements for all ten Plant No.1 working digester high-rate pumps.
RAMIFICATIONS OF NOT TAKING ACTION
Failure to obtain spare pumps to provide for pump swapping will result in extended equipment
downtime which could lead to insufficient mixing of the thicker digester sludge,causing treatment
upsets in the digestion process and loss of gas production.
ADDITIONAL INFORMATION
Hidrostal is the original equipment manufacturer and Flo-Systems is the sole authorized equipment
and parts distributor for the Southern California region.A 10%contingency is requested in the event
of pricing changes due to tariffs,delays in placing the order beyond the quote availability,or other
unforeseeable changes.
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
03/03/2021 $158,728 $15,873 (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:ks:lg:ab:gc
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OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1467 Agenda Date:3/3/2021 Agenda Item No:3.
FROM:James D. Herberg, General Manager
Originator: Lan C. Wiborg, Director of Environmental Services
SUBJECT:
BIOSOLIDS HAULING SERVICE CONTRACT
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Service Contract to Denali Water Solutions, LLC to collect and haul Orange County
Sanitation District’s biosolids from Reclamation Plant No. 1 and/or Treatment Plant No. 2 to
the Inland Empire Regional Composting Facility and alternative sites if needed for the period
beginning May 12, 2021 through December 21, 2022, for the unit price of $15.45 per ton of
biosolids, plus fuel surcharges, for a total amount not to exceed $600,000 per contract term,
with four (4) one-year renewal options: and
B. Approve a 10% unit price per ton contingency.
BACKGROUND
The Orange County Sanitation District (Sanitation District)released a Notice Inviting Bids on
December 4,2020 seeking bids from qualified contractors to accept delivery and haul 50 Wet Tons
Per Day (WTPD)of biosolids to the Inland Empire Regional Composting Facility (IERCF)located at
12645 Sixth Street in the city of Rancho Cucamonga,and haul biosolids,if needed,to several other
alternative management sites.
A non-mandatory pre-bid meeting was conducted on December 16,2020 via Microsoft Teams.Bids
were due on January 12,2021.Out of 76 prospective vendors that were notified of the invitation to
bid, the Sanitation District received one (1) bid.
The bid was evaluated based on pre-defined minimum qualifications and cost in accordance with the
Sanitation District’s Purchasing Ordinance.The incumbent contractor,Denali Water Solutions
(Denali),met the minimum qualifications and offered a competitive bid with a 1%increase over their
current rate.The Denali rate to haul IERCF loads in December 2020 was $15.29 plus $0.54 fuel
surcharge ($15.83 total),and the new contract will be $15.45 plus the fuel surcharge based on
December 2020 fuel baseline.The contract’s first term will be 19 months to align the biosolids-
related contracts.
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File #:2021-1467 Agenda Date:3/3/2021 Agenda Item No:3.
RELEVANT STANDARDS
·Maintain and adhere to appropriate internal planning documents (Biosolids Master Plan)
·Safe, beneficial reuse of Biosolids
·Comply with environmental permit requirements
PROBLEM
The Sanitation District’s current hauling contract with Denalia to haul loads to IERCF expires on May
11, 2021.
PROPOSED SOLUTION
Approve a contract with Denali to haul the Sanitation District’s biosolids to IERCF to maintain
biosolids management diversity and sustainability.
TIMING CONCERNS
The current contract expires in May 2021.
RAMIFICATIONS OF NOT TAKING ACTION
If the current contract is not replaced,the Sanitation District will not have a way to deliver biosolids to
IERCF. The Sanitation District would not be able to utilize this local biosolids management option.
PRIOR COMMITTEE/BOARD ACTIONS
N/A
ADDITIONAL INFORMATION
The $600,000 not to exceed (NTE)value is based on the assumptions in the table below.Alternative
Sites are failsafe back-ups that ensure flexibility and are used for a variety of reasons such as
shutdowns at IERCF or a shortage of trucks from other contractors.
Cost per Ton Annual Fuel
Contingency
Annual
Anticipated
Tonnage
Annual
Purchase Order
NTE
IERCF $15.45 $1.00 18,237 $300,000
Alternative Sites
(average)
$30.00 $2.00 9,375 $300,000
Total Annual Purchase Order $600,000
In 2015,the Sanitation District started sending biosolids to the Inland Empire’s compost facility.In
2019, a new contract was signed for five (5) years with two (2) annual extensions.
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File #:2021-1467 Agenda Date:3/3/2021 Agenda Item No:3.
CEQA
N/A
FINANCIAL CONSIDERATIONS
This request complies with authority levels of the Sanitation District's Purchasing Ordinance.This
item has been budgeted (Section 5,Page 6).Project contingency funds will not be used for this
contract.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Service Contract
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Orange County Sanitation District 1 of 9 Specification No. S-2020-1208BD Rev. 102120
SERVICE CONTRACT Biosolids Hauling Service Specification No. S-2020-1208BD THIS CONTRACT is made and entered into as of the date fully executed below, by and between
Orange County Sanitation District, with a principal place of business at 10844 Ellis Avenue, Fountain Valley, CA 92708 (hereinafter referred to as "OCSD") and Denali Water Solutions, LLC with a principal place of business at 1425 Victoria Ct, Unit B2, San Bernardino, CA 92408 (hereinafter referred to as "Contractor") collectively referred to as the “Parties”.
W I T N E S S E T H WHEREAS, OCSD desires to temporarily retain the services of Contractor for biosolids hauling services as described in Exhibit “A”, “Services”; and WHEREAS, OCSD has chosen Contractor to conduct Services in accordance with Ordinance No. OCSD-52; and
WHEREAS, on March 24, 2021 the Board of Directors of OCSD, by minute order, authorized execution of this Contract between OCSD and Contractor; and
WHEREAS, Contractor is qualified by virtue of experience, training, and expertise to accomplish such Services.
NOW, THEREFORE, in consideration of the mutual promises and mutual benefits exchanged between the Parties, the Parties mutually agree as follows:
1. Introduction 1.1 This Contract and all exhibits hereto (called the "Contract") is made by OCSD and the Contractor. The terms and conditions herein exclusively govern the purchase of Services as described in Exhibit “A”. 1.2 Exhibits to this Contract are incorporated by reference and made a part of this Contract as though fully set forth at length herein.
Exhibit “A” Scope of Work Exhibit “B” Bid Exhibit “C” Determined Insurance Requirement Form
Exhibit “D” OCSD Contractor Safety Standards Exhibit “E” Human Resources Policies
1.3 In the event of any conflict or inconsistency between the provisions of this Contract and any of the provisions of the exhibits hereto, the provisions of this Contract shall in all respects govern and control. 1.4 The provisions of this Contract may be amended or waived only by a writing executed by authorized representatives of both Parties hereto. 1.5 The various headings in this Contract are inserted for convenience only and shall not affect the meaning or interpretation of this Contract or any paragraph or provision hereof.
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1.6 The term “days”, when used in the Contract, shall mean calendar days, unless otherwise noted as business or working days.
1.7 OCSD holidays (non-working days) are as follows: New Year’s Day, Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day. 1.8 The term “hours”, when used in this Contract, shall be as defined in Exhibit “A”. 1.9 Contractor shall provide OCSD with all required premiums and/or overtime work at no charge beyond the price provided under “Compensation” below. 1.10 Except as expressly provided otherwise, OCSD accepts no liability for any expenses, losses, or action incurred or undertaken by Contractor as a result of work performed in anticipation of purchases of said services by OCSD.
2. Compensation Compensation to be paid by OCSD to Contractor for the Services provided under this Contract shall be at the unit price of $15.45 per ton of biosolids, plus fuel surcharges, for a total amount not to exceed Six Hundred Thousand Dollars ($600,000.00).
3. California Department of Industrial Relations (DIR) Registration and Record of Wages 3.1 To the extent Contractor’s employees and/or its subcontractors who will perform Work
during the design and preconstruction phases of a construction contract or perform work under a maintenance contract for which Prevailing Wage Determinations have been issued by the DIR and as more specifically defined under Labor Code Section 1720 et seq,
Contractor and its subcontractors shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the work is subject to compliance monitoring and enforcement by the DIR. 3.2 The Contractor and its subcontractors shall maintain accurate payroll records and shall comply with all the provisions of Labor Code Section 1776, and shall submit payroll records to the Labor Commissioner pursuant to Labor Code 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may be deducted from progress payments per Section 1776. 3.3 Pursuant to Labor Code Section 1776, the Contractor and its subcontractors shall furnish a
copy of all certified payroll records to OCSD and/or general public upon request, provided the public request is made through OCSD, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement of the Department of Industrial Relations.
3.4 The Contractor and its subcontractors shall comply with the job site notices posting requirements established by the Labor Commissioner per Title 8, California Code of
Regulation Section 16461(e). 4. Payments and Invoicing 4.1 OCSD shall pay, net thirty (30) days, upon receipt and approval, by OCSD’s Project Manager or designee, of itemized invoices submitted monthly for Services rendered in accordance with Exhibits “A” and “B”. OCSD, at its sole discretion, shall be the determining
party as to whether the Services have been satisfactorily completed. 4.2 Invoices shall be emailed by Contractor to OCSD Accounts Payable at APStaff@OCSD.com and “INVOICE” with S-2020-1208BD and the Purchase Order Number shall be referenced in the subject line.
Orange County Sanitation District 3 of 9 Specification No. S-2020-1208BD Rev. 102120
5. Audit Rights Contractor agrees that, during the term of this Contract and for a period of three (3) years after its termination, OCSD shall have access to and the right to examine
any directly pertinent books, documents, and records of Contractor relating to the invoices submitted by Contractor pursuant to this Contract.
6. Scope of Work Subject to the terms of this Contract, Contractor shall perform the Services identified in Exhibit “A”. Contractor shall perform said Services in accordance with generally accepted industry and professional standards. 7. Modifications to Scope of Work Requests for modifications to the Scope of Work hereunder can be made by OCSD at any time. All modifications must be made in writing and signed by both Parties. 8. Contract Term The Services provided under this Contract shall commence on May 12, 2021 and continue through December 31, 2022. 9. Renewals 9.1 OCSD may exercise the option to renew this Contract for up to four (4) one-year periods, under the terms and conditions contained herein. OCSD shall make no obligation to renew
nor give reason if it elects not to renew. 9.2 This Contract may be renewed by OCSD Purchase Order.
10. Extensions The term of this Contract may be extended only by written instrument signed by both Parties.
11. Performance Time is of the essence in the performance of the provisions hereof.
12. Termination 12.1 OCSD reserves the right to terminate this Contract for its convenience, with or without cause, in whole or in part, at any time, by written notice from OCSD of intent to terminate. Upon receipt of a termination notice, Contractor shall immediately discontinue all work under this Contract (unless the notice directs otherwise). OCSD shall thereafter, within thirty (30) days, pay Contractor for work performed (cost and fee) to the date of termination. Contractor expressly waives any claim to receive anticipated profits to be earned during the uncompleted portion of this Contract. Such notice of termination shall terminate this
Contract and release OCSD from any further fee, cost or claim hereunder by Contractor other than for work performed to the date of termination.
12.2 OCSD reserves the right to terminate this Contract immediately upon OCSD’s determination that Contractor is not complying with the Scope of Work requirements, if the level of service is inadequate, or any other default of this Contract.
12.3 OCSD may also immediately cancel for default of this Contract in whole or in part by written notice to Contractor:
if Contractor becomes insolvent or files a petition under the Bankruptcy Act; or
if Contractor sells its business; or
if Contractor breaches any of the terms of this Contract; or
if total amount of compensation exceeds the amount authorized under this Contract. 12.4 All OCSD property in the possession or control of Contractor shall be returned by Contractor to OCSD upon demand, or at the termination of this Contract, whichever occurs first.
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13. Insurance Contractor and all subcontractors shall purchase and maintain, throughout the life of this Contract and any periods of warranty or extensions, insurance in amounts equal
to the requirements set forth in the signed Determined Insurance Requirement Form (attached hereto and incorporated herein as Exhibit “C“). Contractor shall not commence work under this Contract until all required insurance is obtained in a form acceptable to
OCSD, nor shall Contractor allow any subcontractor to commence service pursuant to a subcontract until all insurance required of the subcontractor has been obtained. Failure to maintain required insurance coverage shall result in termination of this Contract. 14. Indemnification and Hold Harmless Provision Contractor shall assume all responsibility for damages to property and/or injuries to persons, including accidental death, which may arise out of or be caused by Contractor's services under this Contract, or by its subcontractor(s) or by anyone directly or indirectly employed by Contractor, and whether such damage or injury shall accrue or be discovered before or after the termination of the Contract. Except as to the sole active negligence of or willful misconduct of OCSD, Contractor shall indemnify, protect, defend and hold harmless OCSD, its elected and appointed officials, officers, agents and employees, from and against any and all claims, liabilities, damages or expenses of any nature, including attorneys' fees: (a) for injury to or death of any person or damage to property or interference with the use of property, arising
out of or in connection with Contractor's performance under the Contract, and/or (b) on account of use of any copyrighted or uncopyrighted material, composition, or process, or any patented or unpatented invention, article or appliance, furnished or used under the
Contract, and/or (c) on account of any goods and services provided under this Contract. This indemnification provision shall apply to any acts or omissions, willful misconduct, or negligent misconduct, whether active or passive, on the part of Contractor of or anyone employed by or working under Contractor. To the maximum extent permitted by law, Contractor's duty to defend shall apply whether or not such claims, allegations, lawsuits, or proceedings have merit or are meritless, or which involve claims or allegations that any of the parties to be defended were actively, passively, or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage, or injury. Contractor agrees to provide this defense immediately upon written notice from OCSD, and with well qualified, adequately insured, and experienced legal counsel acceptable to OCSD.
15. OCSD Contractor Safety Standards OCSD requires Contractor and its subcontractor(s) to follow and ensure their employees follow all Federal, State, and local regulations as well
as OCSD Contractor Safety Standards while working at OCSD locations. If during the course of the Contract it is discovered that OCSD Contractor Safety Standards do not comply with Federal, State, or local regulations, then the Contractor is required to follow the
most stringent regulatory requirement at no additional cost to OCSD. Contractor and all of its employees and subcontractors, shall adhere to all applicable OCSD Contractor Safety Standards attached hereto in Exhibit “D” and the Human Resources Policies in Exhibit “E”.
16. Warranties In addition to the warranties stated in Exhibit "A", the following shall apply: 16.1 Manufacturer's standard warranty shall apply. All manufacturer warranties shall commence on the date of acceptance by the OCSD Project Manager or designee of the work as complete.
16.2 Contractor's Warranty (Guarantee): If within a one (1) year period of completion of all work as specified in Exhibit “A”, OCSD informs Contractor that any portion of the Services provided fails to meet the standards required under this Contract, Contractor shall, within the time agreed to by OCSD and Contractor, take all such actions as are necessary to correct or complete the noted deficiency(ies) at Contractor's sole expense.
Orange County Sanitation District 5 of 9 Specification No. S-2020-1208BD Rev. 102120
17. Force Majeure Neither party shall be liable for delays caused by accident, flood, acts of God, fire, labor trouble, war, acts of government or any other cause beyond its control, but
said party shall use reasonable efforts to minimize the extent of the delay. Work affected by a Force Majeure condition may be rescheduled by mutual consent or may be eliminated from the Contract.
18. Freight (F.O.B. Destination) Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products deemed necessary under this Contract. 19. Familiarity with Work By executing this Contract, Contractor warrants that: 1) it has investigated the work to be performed; and 2) it understands the facilities, difficulties and restrictions of the work under this Contract. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by OCSD, it shall immediately inform OCSD of this and shall not proceed, except at Contractor’s risk, until written instructions are received from OCSD.
20. Regulatory Requirements Contractor shall perform all work under this Contract in strict conformance with applicable Federal, State, and local regulatory requirements including,
but not limited to, 40 CFR 122, 123, 124, 257, 258, 260, 261, and 503, Title 22, 23, and California Water Codes Division 2.
21. Environmental Compliance Contractor shall, at its own cost and expense, comply with all Federal, State, and local environmental laws, regulations, and policies which apply to the Contractor, its subcontractors, and the Services, including, but not limited to, all applicable
Federal, State, and local air pollution control laws and regulations. 22. Licenses, Permits, Ordinances and Regulations Contractor represents and warrants to OCSD that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to engage in this work. Any and all fees required by Federal, State, County, City and/or municipal laws, codes and/or tariffs that pertain to the work performed under the terms of this Contract will be paid by Contractor. 23. Applicable Laws and Regulations Contractor shall comply with all applicable Federal, State, and local laws, rules, and regulations. Contractor also agrees to indemnify and hold harmless from any and all damages and liabilities assessed against OCSD as a result of
Contractor's noncompliance therewith. Any permission required by law to be included herein shall be deemed included as a part of this Contract whether or not specifically referenced.
24. Contractor’s Employees Compensation 24.1 Davis-Bacon Act – 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.
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24.2 General Prevailing Rate – OCSD has been advised by the State of California Director of Industrial Relations of its determination of the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Contract, and copies of same are on file in the Engineering Department. The Contractor agrees that not
less than said prevailing rates shall be paid to workers employed on this Contract as required by Labor Code Section 1774 of the State of California. Per California Labor Code 1773.2, OCSD will have on file copies of the prevailing rate of per diem wages at its principal office and at each project site, which shall be made available to any interested party upon request. 24.3 Forfeiture For Violation – Contractor shall, as a penalty to OCSD, forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by the Contractor or any subcontractor under it) less than the prevailing rate of per diem wages as set by the Director of Industrial Relations, in accordance with Sections 1770-1780 of the California Labor Code for the work provided for in this Contract, all in accordance with Section 1775 of the Labor Code of the State of California. 24.4 Apprentices – Sections 1777.5, 1777.6, 1777.7 of the Labor Code of the State of California, regarding the employment of apprentices are applicable to this Contract and the Contractor
shall comply therewith if the prime contract involves thirty thousand dollars ($30,000.00) or more or twenty (20) working days or more; or if contracts of specialty contractors not bidding for work through the general or prime Contractor are two thousand dollars ($2,000.00) or
more or five (5) working days or more. 24.5 Workday – In the performance of this Contract, not more than eight (8) hours shall constitute
a day’s work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by it hereunder. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810 et seq.) of the Labor Code of the State of California and shall forfeit to OCSD as a penalty, the sum of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said Article. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the project.
24.6 Record of Wages; Inspection – Contractor agrees to maintain accurate payroll records showing the name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker or other employee employed by it in connection with the project and agrees to require that each of its subcontractors do the same. All payroll records shall be certified as accurate by the applicable Contractor or subcontractor or its agent
having authority over such matters. Contractor further agrees that its payroll records and those of its subcontractors shall be available to the employee or employee’s representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards and shall comply with all of the provisions of Labor Code Section 1776, in general. Penalties for non-compliance with the requirements of Section 1776 may be deducted from project payments per the requirements of Section 1776.
25. South Coast Air Quality Management District’s (SCAQMD) Requirements It is Contractor’s responsibility that all equipment furnished and installed be in accordance with the latest rules and regulations of the South Coast Air Quality Management District (SCAQMD). All Contract work practices, which may have associated emissions such as
Orange County Sanitation District 7 of 9 Specification No. S-2020-1208BD Rev. 102120
sandblasting, open field spray painting or demolition of asbestos containing components or structures, shall comply with the appropriate rules and regulations of the SCAQMD.
26. Governing Law This Contract shall be governed by and interpreted under the laws of the State of California and the Parties submit to jurisdiction in the County of Orange, in the event
any action is brought in connection with this Contract or the performance thereof. 27. Breach The waiver of either party of any breach or violation of, or default under, any provision of this Contract, shall not be deemed a continuing waiver by such party of any other provision or of any subsequent breach or violation of this Contract or default thereunder. Any breach by Contractor to which OCSD does not object shall not operate as a waiver of OCSD’s rights to seek remedies available to it for any subsequent breach. 28. Remedies In addition to other remedies available in law or equity, if the Contractor fails to make delivery of the goods or Services or repudiates its obligations under this Contract, or if OCSD rejects the goods or Services or revokes acceptance of the goods or Services, OCSD may (1) cancel the Contract; (2) recover whatever amount of the purchase price OCSD has paid, and/or (3) “cover” by purchasing, or contracting to purchase, substitute goods or Services for those due from Contractor. In the event OCSD elects to “cover” as
described in (3), OCSD shall be entitled to recover from Contractor as damages the difference between the cost of the substitute goods or Services and the Contract price, together with any incidental or consequential damages.
29. Dispute Resolution 29.1 In the event of a dispute as to the construction or interpretation of this Contract, or any rights
or obligations hereunder, the Parties shall first attempt, in good faith, to resolve the dispute by mediation. The Parties shall mutually select a mediator to facilitate the resolution of the dispute. If the Parties are unable to agree on a mediator, the mediation shall be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Agreement, through the alternate dispute resolution procedures of Judicial Arbitration through Mediation Services of Orange County ("JAMS"), or any similar organization or entity conducting an alternate dispute resolution process. 29.2 In the event the Parties are unable to timely resolve the dispute through mediation, the issues in dispute shall be submitted to arbitration pursuant to California Code of Civil Procedure, Part 3, Title 9, Sections 1280 et seq. For such purpose, an agreed arbitrator
shall be selected, or in the absence of agreement, each party shall select an arbitrator, and those two (2) arbitrators shall select a third. Discovery may be conducted in connection with the arbitration proceeding pursuant to California Code of Civil Procedure Section 1283.05.
The arbitrator, or three (3) arbitrators acting as a board, shall take such evidence and make such investigation as deemed appropriate and shall render a written decision on the matter in question. The arbitrator shall decide each and every dispute in accordance with the laws
of the State of California. The arbitrator's decision and award shall be subject to review for errors of fact or law in the Superior Court for the County of Orange, with a right of appeal from any judgment issued therein.
30. Attorney’s Fees If any action at law or inequity or if any proceeding in the form of an Alternative Dispute Resolution (ADR) is necessary to enforce or interpret the terms of this
Contract, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.
31. Survival The provisions of this Contract dealing with Payment, Warranty, Indemnity, and Forum for Enforcement, shall survive termination or expiration of this Contract.
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32. Severability If any section, subsection, or provision of this Contract, or any agreement or instrument contemplated hereby, or the application of such section, subsection, or provision
is held invalid, the remainder of this Contract or instrument in the application of such section, subsection or provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, unless the effect of such invalidity shall be to
substantially frustrate the expectations of the Parties. 33. Damage to OCSD’s Property Any of OCSD’s property damaged by Contractor, any subcontractors or by the personnel of either will be subject to repair or replacement by Contractor at no cost to OCSD.
34. Disclosure Contractor agrees not to disclose, to any third party, data or information generated from this project without the prior written consent from OCSD.
35. Independent Contractor The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor an OCSD employee. During the performance of this Contract, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCSD's officers, employees, or agents. Contractor and its officers, employees, and agents shall obtain no
rights to any benefits which accrue to OCSD’s employees. 36. Limitations upon Subcontracting and Assignment Contractor shall not delegate any
duties nor assign any rights under this Contract without the prior written consent of OCSD. Any such attempted delegation or assignment shall be void.
37. Third Party Rights Nothing in this Contract shall be construed to give any rights or benefits to anyone other than OCSD and Contractor.
38. Non-Liability of OCSD Officers and Employees No officer or employee of OCSD shall be personally liable to Contractor, or any successor-in-interest, in the event of any default or breach by OCSD or for any amount which may become due to Contractor or to its successor, or for breach of any obligation for the terms of this Contract. 39. Read and Understood By signing this Contract, Contractor represents that he has read and understood the terms and conditions of the Contract.
40. Authority to Execute The persons executing this Contract on behalf of the Parties warrant that they are duly authorized to execute this Contract and that by executing this Contract, the Parties are formally bound.
41. Entire Contract This Contract constitutes the entire agreement of the Parties and supersedes all prior written or oral and all contemporaneous oral agreements,
understandings, and negotiations between the Parties with respect to the subject matter hereof.
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42. Notices All notices under this Contract must be in writing. Written notice shall be delivered by personal service or sent by registered or certified mail, postage prepaid, return receipt
requested, or by any other overnight delivery service which delivers to the noticed destination and provides proof of delivery to the sender. Rejection or other refusal to accept or the inability to deliver because of changed address for which no notice was given as
provided hereunder shall be deemed to be receipt of the notice, demand or request sent. All notices shall be effective when first received at the following addresses: OCSD: Jackie Lagade, Principal Buyer Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, CA 92708 Contractor: Jeff Thurber, General Manager Denali Water Solutions, LLC 1425 Victoria Ct., Unit B San Bernardino, CA 92408 Each party shall provide the other party written notice of any change in address as soon as
practicable. IN WITNESS WHEREOF, intending to be legally bound, the Parties hereto have caused this
Contract to be signed by the duly authorized representatives. ORANGE COUNTY SANITATION DISTRICT Dated: _________________ By: ___________________________________ David John Shawver Chair, Board of Directors
Dated: _________________ By: ___________________________________ Kelly A. Lore Clerk of the Board
Dated: _________________ By: ___________________________________ Ruth Zintzun Purchasing & Contracts Manager DENALI WATER SOLUTIONS, LLC Dated: _________________ By: ___________________________________
______________________________________ Print Name and Title of Officer
EXHIBIT “A” Specification No. S-2020-1208BD
Exhibit “A”
SCOPE OF WORK
EXHIBIT “A” 1 of 13 Specification No. S-2020-1208BD
Exhibit “A” SCOPE OF WORK
Biosolids Hauling Service SPECIFICATION NO. S-2020-1208BD
1 BACKGROUND
The Orange County Sanitation District (OCSD) is a wastewater treatment agency that owns and operates two facilities, Reclamation Plant No. 1, at 10844 Ellis Avenue, Fountain Valley and Treatment Plant No. 2, at 22212 Brookhurst Street, Huntington Beach, California. Solids collected
in the primary and secondary settling basins during the liquid phases of the process are pumped to anaerobic digesters for organic waste stabilization and pathogen destruction at elevated temperatures to create biosolids. The solids are dewatered to produce about 550-600 tons per
day (tpd) of biosolids that are then beneficially reused via direct farmland application and composting.
OCSD requires the Contractor to collect and haul approximately 50 wet tons per day (tpd) of biosolids from OCSD’s Reclamation Plant No. 1 or Treatment Plant No. 2 or both to Inland Empire Regional Composting Facility (IERCF) located at 12645 Sixth Street in the City of Rancho
Cucamonga. In addition, OCSD may direct the Contractor to haul and transport its biosolids to locations listed in Exhibit B, Table 2 - Alternative Sites, if needed. The Contractor shall take the necessary steps to provide this hauling service, which include, but are not limited to, compliance with federal, state, and local regulations, recordkeeping, reporting, and conformance with OCSD’s Biosolids Contractor Requirements (BCR) (see Appendix C).
2 DEFINITIONS
2.1 Biosolids – treated, non-hazardous solids from the wastewater treatment process that contain organic matter, plant nutrients such as nitrogen and phosphorus, and low levels of metals and pathogenic organisms. OCSD’s Biosolids are certified and comply with the 40
Code of Federal Regulations (CFR) Part 503 (Class B). OCSD biosolids are dewatered using centrifuges to about 24% at Plant No. 1 and 28% at Plant No. 2. OCSD biosolids are loaded onto Contractor’s trucks at Plant No. 1 and Plant No. 2 truck loading and scale out
facilities and delivered by Contractor to end use facility site for processing. Grit and screenings removed during wastewater treatment process shall not constitute biosolids.
2.2 Biosolids Contractor Requirements (BCR) – A periodically updated document that explains OCSD’s requirements for Contractors as well as providing other resources. Contractor shall conform to latest published version of BCR (www.ocsd.com/bcr) as specified in Section 4 Deliverables and included as Appendix C.
2.3 Biosolids Management System (BMS) – OCSD manages our biosolids using an Internal Standard based on ISO14001 and the National Biosolids Partnership standard. See the BCR in Appendix C for information related to how this system impacts Contractor as well as what is specifically required.
2.4 Contractor - shall mean the party awarded the Contract for services under this Contract.
2.5 No Guaranteed Minimum Volume: Shall mean no minimum amount of biosolids guaranteed to Contractor.
2.6 OCSD / OC SAN / OC San – shall mean the Orange County Sanitation District.
EXHIBIT “A” 2 of 13 Specification No. S-2020-1208BD
2.7 OCSD Project Manager – shall mean the OCSD employee who is the main point of contact for all issues related to this Contract.
2.8 Ownership of Biosolids – shall mean once biosolids are loaded into the Contractor’s truck, the responsibility and ownership of the biosolids are deemed to have transferred from OCSD to the Contractor. However, OCSD maintains strict oversight of these biosolids
throughout the final use process including coordination on compliance reporting and inspections, reporting incidents during transportation, and final product distribution.
2.9 Subcontractor – shall mean the party designated by the Contractor and approved by OCSD for part of this Scope of Work. See Section 3.7 for requirements.
2.10 TPD (tpd) - shall mean to wet tons per day where a ton is a measurement by weight of 2000 pounds of dewatered biosolids.
3 DESCRIPTION OF WORK
3.1 General The Contractor shall haul, transport, and deliver OCSD’s biosolids to specific permitted and
approved sites in quantities determined and directed by OCSD (up to 50 tpd) as referenced in this Scope of Work. Contractor is responsible for taking all required steps to provide this service, which may include, but is not limited to meeting compliance with federal, state and
local transportation regulations, and conforming to OCSD’s BCR (Appendix C). OCSD’s biosolids meet the following specifications:
• Biosolids cake dryness – 15%-35%.
• Biosolids quality – Pollutant levels below Table 1 in 40 CFR Part 503.13.
• OCSD typically meets Class B pathogen reduction requirements as defined in 40 CFR Part 503.32.
3.2 Description of Inland Empire Regional Composting Facility (IERCF) 3.2.1 OCSD and Inland Empire Regional Composting Authority (IERCA) have an agreement for IERCA to accept and compost approximately 250 wet tons per
week, or 50 tpd of OCSD’s biosolids at the IERCF. 3.2.2 The IERCF facility is located at 12645 Sixth Street Rancho Cucamonga, CA, consisting of 445,275 square feet under roof, receiving and processing over 200,000 wet tons of biosolids and producing approximately 90,000 tons of compost a year. 3.2.3 IERCA is a Joint Powers Authority formed by and between the Inland Empire Utilities Agency (IEUA) and Los Angeles County Sanitation District of (LACSD). 3.2.4 The IERCF hours of operation of unloading are described in Section 3.4 below. No biosolids will be accepted outside the biosolids hauling schedule, unless approved by IERCA.
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3.3 Biosolids Allocation 3.3.1 OCSD anticipates utilizing the Contractor’s services for up to two trucks (up to 50
tpd) a day to IERCF. 3.3.2 There is no guaranteed minimum tonnage to Contractor.
3.3.3 Contractor may be assigned additional loads upon hauling availability. The allocation of additional biosolids will be at the discretion of OCSD based on the biosolids volume produced at its facilities and operational requirements. 3.3.4 IERCA operational considerations including permits, shutdowns, and other customers’ needs may also impact biosolids load allocations. 3.3.5 Contractor may be required to haul to locations listed in Exhibit B, Table 2 - Alternative Sites.
3.4 Hauling to Inland Empire Regional Composting Facility 3.4.1 Contractor shall transport up to approximately 250 wet tons per week, or 50 wet tons per day of Biosolids to IERCF for composting, Monday through Friday. This
quantity may be subject to change. 3.4.2 IERCF site delivery hours are from 6:15AM to 3:30PM, Monday through Friday.
Hours may change at the sole discretion of IERCA. 3.4.3 Contractor shall use live-bottom belt trailers to transport biosolids to the IERCF. Trailers delivering biosolids to the site shall meet the following clearance specifications to off-load material into the biosolids hoppers. All live bottom belt type trailers require a minimum clear distance of 15" between the ground surface and any trailer structure beyond or past the rear tires. This requirement does not apply to any flexible structure like a mud flap. Flexible structures may be removed or re-positioned to allow adequate clearance. 3.4.4 Contractor shall take into account traffic conditions to meet the hauling schedule,
including but not limited to utilizing toll roads, if needed, at the expense of the Contractor. Any toll charges incurred as a result of truck routes to avoid traffic will be the sole responsibility of the Contractor.
3.5 Permits, Authorizations, and Records 3.5.1 Contractor shall possess and maintain all valid federal, state, and local permits,
licenses, and other approved legally required documentation to haul biosolids in California. Proof of these documents must be included with your bid submittal. Contractor shall include cost for permits and any incidentals in cost to haul to all facilities listed on the Bid Price Form, Exhibit B. Use of these alternative locations will typically be on an emergency basis, so costs may be higher than routine hauls. 3.5.2 OCSD will provide Contractor with the necessary authorizations to deliver biosolids to the designated locations referred to in Exhibit B, Table 2 - Alternative Sites if needed.
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3.5.3 Contractor shall maintain, document, and copy OCSD on all compliance and any non-compliances with all federal, state, and local regulations. OCSD reserves the
right to contact Contractor’s regulators. 3.6 Cost Adjustments
3.6.1 Fuel Surcharge Adjustment Charge:
3.6.1.1 Due to the volatility of diesel fuel prices, OCSD has issued contracts for biosolids management that include fuel surcharges for the purchase of diesel.
3.6.1.2 As shown in Exhibit B, Bid Price Form, the fuel surcharge is based on a formula provided by OCSD, which requires Contractor to provide a specific “Multiplier”. Among other variables, the multiplier typically considers distance and fuel efficiency of vehicles.
3.6.1.3 The Multiplier provided is multiplied by the difference in average diesel cost per gallon in the previous month in California minus $2.636, which is the base diesel fuel price per gallon in CA for December 2020 (U.S. Energy Information Administration).
3.6.1.4 The fuel surcharge Multiplier will be included in the evaluation of
overall cost.
3.6.1.5 OCSD shall pay a fuel surcharge once per month based on the previous month’s average pricing provided by the Department of
Energy.
3.6.1.6 The fuel surcharge will only apply if the result of the calculation is greater than $0.25.
3.6.1.7 OCSD does not apply negative fuel surcharges.
3.7 Subcontractor(s)
3.7.1 Contractor may subcontract portions of this Contract. Subcontractors are subject to all requirements of this Contract. Contractor is responsible for ensuring subcontractor(s) comply with all Contract requirements.
3.7.2 Contractor shall provide a written request to OCSD for approval in order to add a Subcontractor to an approved list of substitutes.
3.7.3 Contractor shall obtain written approval from OCSD’s Project Manager at least 30 days prior to the substitution of an approved Subcontractor.
3.7.4 Contractor’s Subcontractor shall meet all of OCSD’s requirements, responsibility, and accountability measures contained here within.
3.7.5 The Contractor is accountable and responsible to ensure that their Subcontractor meet applicable OCSD requirements including but not limited to providing suitable staff, training, equipment, resources to perform the scope of work, required
insurance, and conformance with OCSD’s BCR (see Appendix C).
3.7.6 The cost for Subcontractor(s) shall be included in Contractor’s cost.
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3.8 Hauling, Scheduling, Storage, and Contingencies 3.8.1 The Contractor shall be responsible for ensuring drivers and hauling companies
comply, as required, with all State of California and federal standards and requirements for Motor Carriers, including the California Vehicle Code and the Department of Transportation (DOT) Federal Motor Carrier Safety Administration
standards and requirements. State of California and DOT requirements may include, but are not limited to the following:
• California Vehicle Code §658.17 Weight limits
• DOT §393.95 Emergency equipment on all power units
• DOT §395.3 Maximum driving time for property-carrying vehicles 3.8.2 Any federal, state or local fees related to hauling, such as road use fees, toll fees, and any fines incurred by hauling operations as well as costs associated with
releases, shall the responsibility of the Contractor.
3.8.3 In addition to the summary of key requirements contained in this section, the Contractor shall comply with all requirements contained in the BCR (Appendix C)
including the submittal and maintenance of a “Biosolids Hauling Plan” and the submittal of the Training Checklist that ensures the Contractor’s dispatcher has trained staff on OCSD requirements (see Section 5 Deliverables). The Contractor
shall periodically (or upon request by OCSD) review, update, and re-submit the plan with any changes to OCSD.
3.8.4 Contractor shall haul biosolids from either of OCSD’s two (2) plants to approved sites as directed by OCSD’s weekly schedule. OCSD publishes a weekly hauling schedule. Contractor shall conform to this schedule or risk loss of loads.
3.8.5 The 2017 OCSD Biosolids Management Plan’s Ten Tenets set a guidance to maintain 20% fail-safe hauling capacity. As much as OCSD tries to keep as steady a weekly schedule as possible, operationally the process does vary week to week. The Contractor shall maintain at least 20% additional hauling capacity over routinely scheduled loads.
3.8.6 Contractor shall bill OCSD based on OCSD’s scale-based weight tickets (not weight at IERCF). Contractor shall maintain and record truckload weight tickets.
3.8.7 Current loading windows are generally limited to Monday through Friday but are subject to change based on operational needs and biosolids availability (see
Appendix C).
3.8.8 OCSD will consider Contractor’s needs in setting loading times and schedules; however, operational logistics and plants considerations determine the final
schedule. Wait times at the plants prior to loading average about 15 to 30 minutes, but at peak times can be as much as one (1) hour. Loading times also vary, averaging about 15-30 minutes.
3.8.9 Once biosolids are loaded into the Contractor’s truck, responsibility and ownership of the biosolids are deemed to have transferred from OCSD to the Contractor. However, OCSD maintains strict oversight of these biosolids throughout the final use process including coordination of reporting incidents during transportation and final product distribution.
EXHIBIT “A” 6 of 13 Specification No. S-2020-1208BD
3.8.10 OCSD has limited storage capacity. Contractor shall provide facilities, hauling, equipment, and any other means necessary to ensure its ability to manage and
store biosolids produced by OCSD during inclement weather.
3.9 Loading, Drivers, and Trailers
3.9.1 OCSD reserves the right to reject loads (no make-up) or write-up the driver or
trailer if any contractual or BCR (Appendix C) requirements are not met.
3.9.2 The Contractor shall be responsible for all transportation equipment. OCSD reserves the right to inspect any of the Contractor’s equipment to verify conformance with all requirements within these specifications and reject loads if equipment does not meet specifications.
3.9.3 Contractor shall provide adequate training to drivers, dispatchers, and other key staff on biosolids characteristics and emergency response procedures including providing simple procedures written in the appropriate language format (such as English and Spanish).
3.9.4 Contractor’s drivers shall conduct themselves in a professional and courteous manner. OCSD reserves the right to ban drivers from OCSD facilities for any reason.
3.9.5 Dispatchers shall relay shutdown, operational, training, and other communications from OCSD to drivers promptly, in a format that can be easily understood by
drivers, and document communications and trainings including the use of sign-in sheets.
3.9.6 Trailers are subject to inspection by OCSD prior to commencement of work. Any
exceptions to requirements must be requested in writing and approved by OCSD staff.
3.9.7 Contractor shall conform to OCSD Safety Equipment Requirements and Pre-
Loading Inspection Requirements (see Appendix C).
3.9.8 Contractor’s drivers shall carry a copy of the OCSD’s “Hauling Biosolids” laminated cards (Appendix C). Drivers shall understand and abide by all information contained in it, be familiar with Biosolids, and provide this informational booklet to onsite emergency responders if an incident occurs during transportation, especially to communicate that “Biosolids are non-hazardous”. Laminated cards are available to drivers at OCSD’s truck loading facilities.
3.9.9 OCSD requires the Contractor’s participation in our commitment to being a good neighbor and preventing/minimizing noise and odors. 3.9.9.1 OCSD requires that Contractor’s drivers travel with tarps secured to
minimize odors at all times.
3.9.9.2 Contractor is responsible to provide drivers access to facilities necessary to ensure trucks are clean. OCSD will not provide a truck
washing facility.
3.9.9.3 No jake-breaking or other noise nuisance between 7pm and 7am.
3.9.9.4 Contractor shall utilize staging areas and trucking route(s) with least
impact to sensitive receptors within the public. The route(s), staging
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areas, and contingency routes in case of closures shall be included in the Hauling Plan submittal.
3.9.10 Trailers shall be capable of receiving biosolids from an overhead hopper loading system (see Appendix C).
3.9.11 OCSD’s loading facilities are capable of accommodating trailers that are 60 ft. in
length, 8 ft. in width, and 10 ft. in height. Truck and trailer height/clearance must be less than 12 ft. Trailers must be able to load and haul a minimum of 20 tons of biosolids.
3.9.12 Trailers shall have tall sides (about eight feet high) so as to allow the driver to tarp the truck inside the loading facility, with the doors closed and without having to adjust the load since the biosolids may initially pile high in one area.
3.9.13 Trailers shall be equipped with tarping mechanism that allows the driver to tarp the truck inside the truck loading facility before the odor-control doors are opened. The tarping mechanism must be able to tarp the truck within the loading facilities’ maximum clearance height of twelve (12) feet. Drivers will be allowed to exit cab to turn on the tarping mechanism once the Operator signals the all-clear after biosolids have completed loading.
3.9.14 Trailers shall be watertight.
3.9.15 Trailers shall have baffles or splashguards 18-24 inches on front, which must be
completely welded or bolted and sealed.
3.9.16 Trailers shall be equipped with manual locking devices as to prevent releases from hydraulic system failures. Examples of such manual locking devices for end
dumps and belt trailer would be at least two (2) turnbuckles on bottom, or two (2) on top (one on each side) and one on bottom, or two (2) on each side.
3.9.17 Trailers shall be single trailers due to OCSD’s unique alignment of loading chutes
at Plant No. 1 that makes unsafe to move double trailers back and forth with the odor-control doors closed.
3.9.18 Trailers shall be clearly marked with a unique ID. ID shall be visible and distinguishable.
3.9.19 Contractor shall conform with OCSD Biosolids Response & Recovery Plan (BRRP) (Appendix C). The Contractor shall notify OCSD Control Center (714-593-7025) within 30 minutes of accidents and spills during transportation and email an incident report within 48-hours (see Section 5 Deliverables).
3.10 OCSD Scale and Biosolids Tracking Systems
3.10.1 New Driver and New Trailer Approval forms are required for each driver and trailer in order to register them in OCSD’s scale software prior to arrival at OCSD.
3.10.1.1 Hauling dispatchers are required to email the form at least two business days before the drivers’ or trailers’ initial visit to OCSD.
3.10.1.2 Dispatchers and drivers are certifying that they understand and
conform with requirements contained in the Pre-Loading Trailer Inspection Guidelines, Safety Equipment Inspection Guidelines, Biosolids Response and Recovery Procedures, OCSD Hauling
Biosolids laminated cards, and BCR.
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3.10.2 OCSD’s Biosolids Tracking System (BTS) is an online application that is used for tracking OCSD’s Biosolids loads in order to ensure accurate compliance reporting
(see Appendix C).
3.10.2.1 The Contractor shall validate bill of lading data for each ticket including the destination and net tons for each load shipped.
3.10.2.2 OCSD will provide the Contractor with access to the online BTS.
3.10.2.3 The BTS initiates when a bill of lading ticket is created in OCSD’s truck loading scale house.
3.10.2.4 OCSD staff review and approve the tickets in the BTS as confirmed with field tickets and logs. Contractor shall access and update required fields including approval of weight tickets in the OCSD BTS at least on a bi-weekly basis.
3.10.2.5 Transaction reports can be generated by the BTS to ensure accuracy.
3.10.2.6 Invoicing shall reflect data in the BTS. Any incorrect or missing tickets will be identified during the ticket approval process. The Contractor will communicate any discrepancies as soon as possible to OCSD.
3.10.2.7 These requirements transfer to any new or equivalent systems or processes implemented in the future.
3.11 Contractor Performance
3.11.1 OCSD reserves the right to withhold loads for any reason, including but not limited to:
3.11.1.1 Contractor not meeting the Scope of Work or Contract requirements.
3.11.1.2 Contractor not adequately addressing neighbor complaints, potential onsite nuisances, or any other concern documented in an inspection.
3.11.1.3 Contractor not conforming to the BCR document (Appendix C). OCSD periodically updates and reissues this document to Contractor.
3.11.1.4 Contractor’s Subcontractor(s) not meeting or conforming to any requirements, which are the responsibility of the Contractor to ensure conformance.
3.11.2 Repeated issues with performance can be grounds for termination of the Contract.
3.12 Back Charge: Contractor shall reimburse OCSD for any costs, fines, and/or corrective actions taken due to Contractor’s non-performance. This may include costs incurred by OCSD due to failure of the Contractor to accept and remove the agreed upon volume of biosolids from the plants, onsite truck leaks, or due to biosolids releases (spills). OCSD
reserves the right to offset any cost paid out on behalf of the Contractor from invoiced amounts payable to the Contractor.
EXHIBIT “A” 9 of 13 Specification No. S-2020-1208BD
3.13 Conformance with OCSD’s Biosolids BMS
3.13.1 OCSD’s biosolids management system includes requirements for the Contractor,
most of which are incorporated into this Scope of Work and Appendix C. Additional requirements include, but are not limited to participation in audits and corrective and preventive actions, inspections, review meetings, and potential
additional reporting requirements.
3.13.2 Changes in requirements are included in updated BCRs that are posted to www.ocsd.com/bcr.
3.14 Coordination
Contractor shall participate in OCSD-required conference calls or Microsoft Teams meetings to review performance, issues, upcoming projects, and generally ensure effective communications coordination between OCSD and Contractor at no cost to OCSD. (Appendix C).
4 SCHEDULE
4.1 The Contractor shall complete all necessary submittals and coordination with OCSD to be ready to start on the May 12, 2021 anticipated start date.
4.2 The Contractor shall submit deliverables as required at least 30-days in advance of this anticipated start date (see Section 5 Deliverables).
5 DELIVERABLES
5.1 The Contractor shall provide biosolids management service that requires removal or acceptance of delivery, and the transportation of biosolids from OCSD’s Reclamation Plant No. 1 or Treatment Plant No.2 or both, at quantities as determined and directed by OCSD
as described above.
5.2 The Contractor shall submit the following information to the OCSD Project Manager at least 30-days prior to proceeding with the work under this Contract:
5.2.1 The Contractor shall submit a Biosolids Hauling Plan as part of the submittal package to demonstrate conformance with Appendix C
5.2.2 The Contractor shall submit the Training Checklist for hauling that ensures the Contractor’s dispatcher has trained staff on OCSD requirements at least 30-days prior to the commencement of work.
5.2.3 Names and emails for staff that will need access to OCSD’s Biosolids Tracking System.
5.2.4 A list of driver names and trailer numbers that will be used to haul the material.
5.2.5 OCSD New Driver and New Trailer Approval forms completed and submitted by the hauling dispatcher (Appendix C).
5.3 BCR Updates: The Contractor shall meet requirements for reporting in the current version of
the BCR (Appendix C), which is updated periodically. Updated versions and requirements are posted to www.ocsd.com/bcr and Contractors are notified when updated version are made available. The Contractor shall download and conform to future updates.
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5.4 Contractor Notifications and Incident Reports to OCSD 5.4.1 In conformance with the requirements set forth above, the Contractor shall notify
OCSD of the following and provide a corresponding incident report within 48-hours.
5.4.1.1 Within 30 minutes of any traffic incident or biosolids released during
transportation, Contractor shall notify OCSD’s 24-hour Control Center (714-593-7025).
5.4.1.2 Within 24 hours of any:
5.4.1.2.1 Incident of non-compliance including notices of violation
5.4.1.2.2 Complaint received
5.4.1.2.3 Public or media questions received
5.4.1.2.4 Regulatory inspection
5.4.1.2.5 Verbal notification from regulator that an Area of Concern, Violation, or other notice of regulatory non-compliance may be received in the future
5.4.1.2.6 Receipt of regulatory non-compliance or Areas of Concern or any other action taken by an enforcement agency regarding non-compliance with permit provisions or general applicable regulatory standards (provide OCSD copy of
regulatory document with notification)
5.4.1.2.7 Discovery of a regulatory non-compliance for which the Contractor will be notifying the regulatory agency
5.4.1.2.8 Accidents or health and safety incidents related to biosolids hauling, processing or marketing/reuse
5.4.1.2.9 Product batches that do not meet specifications
5.4.1.2.10 Regulatory-defined “Special Occurrences” on-site
5.4.1.2.11 Regulatory inspection report received
5.4.1.2.12 Critical equipment breakdowns and corrective and preventive actions
5.4.1.2.13 Significant changes (including temporary and interim changes) to processes, input, outputs, and markets.
5.4.1.3 Incident reports shall include the information regarding the incident, which regulatory requirements are impacted (if any), regulatory notifications made (if any), the Contractor’s response, root cause analysis, detailed corrective and preventive actions, and pictures when appropriate. The Contractor shall take corrective and preventive
actions to address root causes.
5.4.1.4 The Contractor shall notify OCSD of maintenance shutdowns by Wednesday of the preceding week in order for OCSD to properly
schedule loads for the week of the shutdown.
5.4.1.5 In response to OCSD inspection findings, the Contractor shall provide OCSD within five business days a written incident report including root
cause analysis and detailed corrective and preventive action plans.
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The Contractor shall take corrective and preventive actions to address root causes of OCSD findings, especially when issues could result in
nuisance complaints or compliance concerns.
5.4.1.6 Per OCSD’s NPDES permit requirements, the Contractor shall notify USEPA and the Santa Ana Water Board of any non-compliance within
the following time-frames:
5.4.1.6.1 Notify USEPA and the applicable Santa Ana Water Board or State agency of any non-compliance within 24 hours by phone or e-mail if the non-compliance may seriously endanger public health or the environment.
5.4.1.6.2 A written report shall also be submitted within 5 working days of knowing the non-compliance.
5.4.1.6.3 For other instances of non-compliance, notify USEPA and the Santa Ana Water Board of the non-compliance in writing within 5 working days of becoming aware of the non-compliance.
5.5 Invoices: The Contractor shall generate a separate invoice for each plant. After the end of each month, the Contractor shall submit the following documentation for each of the previous month’s loads hauled from OCSD as back-up for the electronic invoice. Monthly
billing invoices shall match tonnages contained in the BTS, unless an alternative method is approved by OCSD. The invoices shall be emailed to the OCSD Project Manager and OCSD Accounts Payable (APStaff@ocsd.com).
5.5.1 Date
5.5.2 Trailer identification number
5.5.3 OCSD weight ticket number
5.5.4 Wet tons contained in each trailer
5.5.5 Total daily tons hauled to facility from OCSD
5.5.6 Total monthly tons hauled to facility from OCSD
5.6 OCSD reserves the right to withhold payment if incomplete or incorrect information is provided with invoices or monthly reports.
6 SAFETY AND HAZARDOUS MATERIALS
Safety is the top priority at OCSD therefore Contractor and any subcontractor shall follow all State and Federal safety standards. Failure to do so could result in removal and permanent suspension from OCSD property.
OCSD reserves the right to stop work at no cost to OCSD if there is an imminent safety hazard caused by the Contractor or any of its subcontractors. If work is stopped due to imminent safety hazards caused by Contractor, no stand-by pay will be paid by OCSD.
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The Contractor shall develop and maintain a Site-Specific Safety Program for the worksite, in accordance with OCSD Construction Safety Standards. The Plan shall include:
• A description of the work to be performed, highlighting the hazard analysis for each general site condition(s) and specific work task(s)
• Identification of the Contractor management, supervision, competent, and qualified persons
• Identification of precautions to be implemented
• Decision logic for the utilization of personal protective equipment
• Site access control, including security measures
• Emergency response plan
• Incident reporting methodology
• SDS inventory list; all Cal/OSHA recognized carcinogens or reproductive hazardous materials shall be denoted and highlighted on the inventory list.
• Training and certification documentation
• Communication methodology
• The Drug Free Workplace program if not included in the Injury and Illness
Prevention Program.
• Measures to mitigate public exposure to hazards as applicable.
• The Contractor shall submit its Site-Specific Safety Program to OCSD for review no later than fifteen (15) days after Notice to Proceed and prior to
commencement of Work on the Project.
6.1 Contractor shall be aware of the use of bleach, hydrogen peroxide, ferric chloride, acid and caustic soda and the potential presence of hazardous gases in and around the plants.
6.2 There are various alarm systems installed to alert employees of possible hazardous conditions. The Contractor shall instruct its employees of these dangers and that they shall evacuate the area, including tunnels, immediately should an emergency situation occur. 6.3 Contractor is advised that digesters are classified as Class 1, Division 1, Hazardous Areas both inside and to a distance of five (5) feet beyond all the exterior walls and roof, and to a distance of ten (10) feet beyond all existing gas handling equipment. 6.4 Contractor shall securely block access to all digesters during the cleaning project to prevent unauthorized entry and minimize risk.
6.5 Contractor shall take all necessary safety precautions and shall furnish and install all equipment, labor, materials, appurtenances, gas detectors, explosion proof ventilation
equipment, and all services required to meet all safety requirements for work in areas as designated above, at no additional cost to OCSD.
6.6 Contractor is cautioned that the tunnels with digester gas piping are Class 1, Division 2 areas.
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6.7 All Contractor employees shall wear hard hats, safety vests, safety toed shoes, safety glasses and appropriate protective equipment while on OCSD plant sites.
6.8 Contractor shall carry and use a 4-gas monitor at all times when on the plant site. The 4-gas monitor shall detect carbon monoxide, oxygen, hydrogen sulfide and lower explosive limits.
6.9 Contractor is responsible for every aspect of health and safety on the worksite, including the health and safety of subcontractor, suppliers, and other persons on the worksite. 6.10 Contractor shall notify OCSD Project manager of near miss, or injuries within 24 hours. Contractor shall transmit to the OCSD Project Manager written investigations of accidents and injuries encountered during cleaning within 5 business days.
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1379 Agenda Date:3/3/2021 Agenda Item No:4.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Receive and file Bid Tabulation and Recommendation for Headworks Rehabilitation at Plant
No. 1, Project No. P1-105;
B. Award a Construction Contract to Kiewit Infrastructure West Co. for Headworks Rehabilitation
at Plant No. 1 for a total amount not to exceed $222,330,000; and
C. Approve a contingency of $8,893,200 (4%).
BACKGROUND
The headworks of a wastewater treatment plant is where all incoming sewers converge through a
series of pipes,meters,flow diversions,and gates.Just as sewers cannot be readily taken out of
service, neither can a headworks.
The current Headworks facilities at Orange County Sanitation District’s (Sanitation District)Plant No.
1 include the original facilities built and modified between the 1950s and 1960s,currently only used
for emergencies,and the active facilities which entered service in 1989.The facilities are
mechanically intensive,operate in a very corrosive environment,require frequent maintenance and
servicing, and can generate substantial odors.
RELEVANT STANDARDS
·Comply with California Public Contract Code Section 20103.8,award construction contract to
lowest responsible bidder
·24/7/365 treatment plant reliability
·Zero odor incidents/events under normal operating conditions for Plant Nos. 1 and 2
Orange County Sanitation District Printed on 2/24/2021Page 1 of 3
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File #:2020-1379 Agenda Date:3/3/2021 Agenda Item No:4.
PROBLEM
The existing headworks has been in service for more than 30 years without a significant rehabilitation
effort.Mechanical equipment is at the end of its useful life.Structural and piping corrosion must be
addressed to extend the useful life.Electrical equipment is deficient and obsolete.The grit removal
system,which is intended to capture abrasive material that causes accelerated wear and tear on
downstream equipment and accumulation of inert material in anaerobic digesters,does not perform
well.
Complete rehabilitation,including demolition of abandoned facilities,is needed to ensure efficient and
reliable operation of this critical facility.The nature of these facilities makes the work highly complex
and risky.The project must maintain wastewater flow in active portions of the headworks while
rehabilitation work is performed.
PROPOSED SOLUTION
Award a Construction Contract for Headworks Rehabilitation at Plant No.1,Project No.P1-105.This
project will rehabilitate systems including the metering and diversion structure,the bar screen
building,the bin loading building,the main sewage pump station,the grit basins,the primary influent
channels,and electrical power distribution and control systems.This project will also construct new
facilities including a grit pump station,grit handling building,headworks odor control and chemical
facility,a drainage lift station,electrical buildings,and other support systems.The original
Headworks No. 1 facilities and other unused systems will be demolished as part of this contract.
For this contract,staff is proposing a lower than usual contingency for a rehabilitation project.
Midway through construction,staff intends to present to the Board a review of the progress and risks
encountered to date.
TIMING CONCERNS
Until the headworks is renovated,existing structural,electrical,and mechanical system deficiencies
could require frequent and costly maintenance and could result in spills or other permit violations.
RAMIFICATIONS OF NOT TAKING ACTION
Without this project, the risk of a spill or other permit violation will continue to increase.
ADDITIONAL INFORMATION
Sanitation District staff has long been concerned about the limited number of bidders on such a large,
complex,high risk,and long-duration project.Staff has posted the project for two years on its
upcoming construction opportunities list and has discussed it with general contractors at certain
construction outreach events.
To avoid competition for bidders among its own projects,staff postponed advertisements of the $113
million A-Side Primary Clarifiers Replacement at Plant No.2,Contract No.P2-98A,until bids closed
on this project.
Although site videos,photographs,and drone-footages of virtually all facilities were provided toOrange County Sanitation District Printed on 2/24/2021Page 2 of 3
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File #:2020-1379 Agenda Date:3/3/2021 Agenda Item No:4.
Although site videos,photographs,and drone-footages of virtually all facilities were provided to
interested bidders,staff arranged a series of COVID-19 compliant site walks to further help bidders
understand the facilities, risks, access constraints, and other factors that might affect the final bids.
The Sanitation District advertised for bids on September 22,2020 with bids scheduled to be received
on December 15,2020.In October,one potential bidder requested a one month bid delay indicating
they might not submit a bid otherwise.In response,staff conducted a survey of potential bidders that
identified only three bidders,including the requestor.To ensure at least three bids would be
received, the extension was granted.
On January 19, 2021, three sealed bids were received. A summary of the bids follows:
Engineer’s Estimate $292,299,000
Bidder Amount of Bid
Kiewit Infrastructure West Co.$ 222,330,000
J.F.Shea Construction, Inc.$ 259,506,000
Shimmick Construction Co., Inc.$ 276,611,500
The bids were evaluated in accordance with Sanitation District policies and procedures.A notice was
sent to all the bidders on February 4,2021 informing them of the intent of the Sanitation District to
recommend award of the construction contract to Kiewit Infrastructure West Co.
Staff recommends awarding a Construction Contract to the lowest responsive bidder,Kiewit
Infrastructure West Co.,for Headworks Rehabilitation at Plant No.1,Project No.P1-105,for a total
amount not to exceed $222,330,000.
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.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of Sanitation District’s Purchasing Ordinance.This item
has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 54,
Headworks Rehabilitation at Plant No.1,Project No.P1-105)and the budget is sufficient for the
recommended action.Staff intends to recommend a budget reduction as part of the upcoming Fiscal
Year 2021-2022 Budget Update.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Construction Contract
·Presentation
GR:dm:gc
Orange County Sanitation District Printed on 2/24/2021Page 3 of 3
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C-CA-033020
PART A
CONTRACT AGREEMENT
C-CA-033020
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 ................................................................................ 10
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION ....................... 10
SECTION – 15 SURETY BONDS ........................................................................... 12
SECTION – 16 INSURANCE .................................................................................. 13
SECTION – 17 RISK AND INDEMNIFICATION ...................................................... 22
SECTION – 18 TERMINATION ............................................................................... 22
SECTION – 19 WARRANTY ................................................................................... 23
SECTION – 20 ASSIGNMENT ................................................................................ 24
SECTION – 21 RESOLUTION OF DISPUTES........................................................ 24
SECTION – 22 SAFETY & HEALTH ....................................................................... 24
SECTION – 23 NOTICES ....................................................................................... 24
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 1 of 26
CONTRACT AGREEMENT
ORANGE COUNTY SANITATION DISTRICT
PROJECT NO. P1-105
HEADWORKS REHABILITATION AT PLANT 1
THIS AGREEMENT is made and entered into, to be effective, this , by and between ,
hereinafter referred to as “CONTRACTOR” and the Orange County Sanitation District,
hereinafter referred to as “OCSD”.
WITNESSETH
That for and in consideration of the promises and agreements hereinafter made and exchanged,
OCSD and CONTRACTOR agree as follows:
SECTION – 1 GENERAL CONDITIONS
CONTRACTOR certifies and agrees that all the terms, conditions and obligations of the
Contract Documents as hereinafter defined, the location of the job site, and the conditions under
which the Work is to be performed have been thoroughly reviewed, and enters into this Contract
based upon CONTRACTOR’s investigation of all such matters and is in no way relying upon
any opinions or representations of OCSD. It is agreed that this Contract represents the entire
agreement. It is further agreed that the Contract Documents are each incorporated into this
Contract by reference, with the same force and effect as if the same were set forth at length
herein, and that CONTRACTOR and its Subcontractors, if any, will be and are bound by any
and all of said Contract Documents insofar as they relate in any part or in any way, directly or
indirectly, to the Work covered by this Contract.
A. Contract Documents Order of Precedence
“Contract Documents” refers to those documents identified in the definition of “Contract
Documents” in the General Conditions – Definitions.
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1. In the event of a conflict between one Contract Document and any of the other
Contract Documents, the provisions in the document highest in precedence shall be
controlling. The order of precedence of the Contract Documents is as follows:
a. Supplemental Agreements – the last in time being the first in precedence
b. Addenda issued prior to the date for submittal of Bids – the last in time being the
first in precedence
c. Contract Agreement
d. Permits and other regulatory requirements
e. Special Provisions
f. General Conditions (GC)
g. Notice Inviting Bids and Instruction to Bidders
h. Geotechnical Baseline Report (GBR), if attached as a Contract Document
i. Plans and Specifications – in these documents the order of precedence shall be:
i. Specifications (Divisions 01-17)
ii. Plans
iii. General Requirements (GR)
iv. Standard Drawings and Typical Details
j. CONTRACTOR’s Bid
2. In the event of a conflict between terms within an individual Contract Document, the
conflict shall be resolved by applying the following principles as appears applicable:
a. Figured dimensions on the Contract Documents shall govern. Dimensions not
specified shall be as directed by the ENGINEER. Details not shown or
specified shall be the same as similar parts that are shown or specified, or as
directed. Full-size details shall take precedence over scale Drawings as to
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 3 of 26
shape and details of construction. Specifications shall govern as to material
and workmanship.
b. The Contract Documents calling for the higher quality material or workmanship
shall prevail. Materials or Work described in words, which so applied, have a
well known technical or trade meaning shall be deemed to refer to such
recognized standards. In the event of any discrepancy between any Drawings
and the figures thereon, the figures shall be taken as correct.
c. Scale Drawings, full-size details, and Specifications are intended to be fully
complementary and to agree. Should any discrepancy between Contract
Documents come to the CONTRACTOR’s attention, or should an error occur in
the efforts of others, which affect the Work, the CONTRACTOR shall notify the
ENGINEER, in writing, at once. In the event any doubts or questions arise with
respect to the true meaning of the Contract Documents, reference shall be
made to the ENGINEER whose written decision shall be final. If the
CONTRACTOR proceeds with the Work affected without written instructions
from the ENGINEER, the CONTRACTOR shall be fully responsible for any
resultant damage or defect.
d. Anything mentioned in the Specifications and not indicated in the Plans, or
indicated in the Plans and not mentioned in the Specifications, shall be of like
effect as if indicated and mentioned in both. In case of discrepancy in the
Plans or Specifications, the matter shall be immediately submitted to OCSD’s
ENGINEER, without whose decision CONTRACTOR shall not adjust said
discrepancy save only at CONTRACTOR’s own risk and expense. The
decision of the ENGINEER shall be final.
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In all matters relating to the acceptability of material, machinery or plant equipment;
classifications of material or Work; the proper execution, progress or sequence of the
Work; and quantities interpretation of the Contract Documents, the decision of the
ENGINEER shall be final and binding, and shall be a condition precedent to any payment
under the Contract, unless otherwise ordered by the Board of Directors.
B. Definitions
Capitalized terms used in this Contract are defined in the General Conditions, Definitions.
Additional terms may be defined in the Special Provisions.
SECTION – 2 MATERIALS AND LABOR
CONTRACTOR shall furnish, under the conditions expressed in the Plans and Specifications, at
CONTRACTOR’S own expense, all labor and materials necessary, except such as are
mentioned in the Specifications to be furnished by OCSD, to construct and complete the
Project, in good workmanlike and substantial order. If CONTRACTOR fails to pay for labor or
materials when due, OCSD may settle such claims by making demand upon the Surety to this
Contract. In the event of the failure or refusal of the Surety to satisfy said claims, OCSD may
settle them directly and deduct the amount of payments from the Contract Price and any
amounts due to CONTRACTOR. In the event OCSD receives a stop payment notice from any
laborer or material supplier alleging non-payment by CONTRACTOR, OCSD shall be entitled to
deduct all of its costs and expenses incurred relating thereto, including but not limited to
administrative and legal fees.
SECTION – 3 PROJECT
The Project is described as:
PROJECT NO. P1-105
HEADWORKS REHABILITATION AT PLANT 1
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 5 of 26
SECTION – 4 PLANS AND SPECIFICATONS
The Work to be done is shown in a set of Plans and Specifications entitled:
PROJECT NO. P1-105
HEADWORKS REHABILITATION AT PLANT 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 thousand four hundred seventy (2,470) 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 ninety (90) 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-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 6 of 26
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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 7 of 26
any, reasonably required for CONTRACTOR to perform the Extra Work, as determined by
OCSD’s ENGINEER. The decision of the ENGINEER shall be final.
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 as itemized on the Attached Exhibit “A”.
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 8 of 26
Upon satisfaction of the conditions precedent to payment set forth in the General
Requirements, Additional General Requirements and General Conditions (including but
not limited to Sections entitled “Mobilization Payment Requirements” and “Payment
Itemized Breakdown of Contract Lump Sum Prices”), there shall be paid to the
CONTRACTOR an initial Net Progress Payment for mobilization. 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.
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 9 of 26
B. As used in this Section, the following defined terms shall have the following meanings:
1. “Net Progress Payment” means a sum equal to the Progress Payment less the
Retention Amount and other qualified deductions (Liquidated Damages, stop
payment notices, etc.).
2. “Progress Payment” means a sum equal to:
a. the value of the actual Work completed since the commencement of the Work
as determined by 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.”
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 10 of 26
SECTION – 13 COMPLETION
Final Completion and Final Acceptance shall occur at the time and in the manner specified in the
General Conditions, “Final Acceptance and Final Completion”, “Final Payment” and Exhibit A -
Schedule of Prices.
Upon receipt of all documentation, records, and releases as required by the Contract from the
CONTRACTOR, OCSD shall proceed with the Final Acceptance as specified in General
Conditions.
SECTION – 14 CONTRACTOR’S EMPLOYEES COMPENSATION
A. Davis-Bacon Act:
CONTRACTOR will pay and will require all Subcontractors to pay all employees on said
Project a salary or wage at least equal to the prevailing rate of per diem wages as
determined by the Secretary of Labor in accordance with the Davis-Bacon Act for each
craft or type of worker needed to perform the Contract. The provisions of the Davis-Bacon
Act shall apply only if the Contract is in excess of Two Thousand Dollars ($2,000.00) and
when twenty-five percent (25%) or more of the Contract is funded by federal assistance. If
the aforesaid conditions are met, a copy of the provisions of the Davis-Bacon Act to be
complied with are incorporated herein as a part of this Contract and referred to by
reference.
B. General Prevailing Rate:
OCSD has been advised by the State of California Director of Industrial Relations of its
determination of the general prevailing rate of per diem wages and the general prevailing
rate for legal holiday and overtime Work in the locality in which the Work is to be
performed for each craft or type of Work needed to execute this Contract, and copies of
the same are on file in the Office of the ENGINEER of OCSD. The CONTRACTOR
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 11 of 26
agrees that not less than said prevailing rates shall be paid to workers employed on this
public works Contract as required by Labor Code Section 1774 of the State of California.
Per California Labor Code 1773.2, 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
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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 12 of 26
required or permitted to labor more than eight (8) hours in any one calendar day and forty
(40) hours in any one week in violation of said Article. CONTRACTOR shall keep an
accurate record showing the name and actual hours worked each calendar day and each
calendar week by each worker employed by CONTRACTOR in connection with the
Project.
F. Registration; Record of Wages; Inspection:
CONTRACTOR shall comply with the registration requirements of Labor Code Section 1725.5.
Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring by the
California Department of Industrial Relations. CONTRACTOR shall maintain accurate payroll
records and shall submit payroll records to the Labor Commissioner pursuant to Labor Code
Section 1771.4(a)(3). Penalties for non-compliance with the requirements of Section 1776 may
be deducted from progress payments per Section 1776.
CONTRACTOR shall comply with the job site notices posting requirements established by
the Labor Commissioner per Title 8, California Code of Regulations Section 16461(e).
SECTION – 15 SURETY BONDS
CONTRACTOR shall, before entering upon the performance of this Contract, furnish Bonds
approved by 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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 13 of 26
Bonds required to be submitted relating to this Contract must comply with California Code of
Civil Procedure Section 995.630. Each Bond shall be executed in the name of the Surety
insurer under penalty of perjury, or the fact of execution of each Bond shall be duly
acknowledged before an officer authorized to take and certify acknowledgments, and either one
of the following conditions shall be satisfied:
A. A copy of the transcript or record of the unrevoked appointment, power of attorney, by-
laws, or other instrument, duly certified by the proper authority and attested by the seal of
the insurer entitling or authorizing the person who executed the Bond to do so for and on
behalf of the insurer, is on file in the Office of the County Clerk of the County of Orange; or
B. A copy of a valid power of attorney is attached to the Bond.
SECTION – 16 INSURANCE
CONTRACTOR shall purchase and maintain, for the duration of the Contract, insurance against
claims for injuries to persons, or damages to property which may arise from or in connection
with the performance of the Work hereunder, and the results of that Work by CONTRACTOR,
its agents, representatives, employees, or Subcontractors, in amounts equal to the
requirements set forth below. CONTRACTOR shall not commence Work under this Contract
until all insurance required under this Section is obtained in a form acceptable to 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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 14 of 26
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
CONTRACTOR’s risk at any time during the course of the Project. No vehicles may enter
OCSD premises/worksite without possessing the required insurance coverage.
CONTRACTOR’s insurance shall also comply with all insurance requirements prescribed by
agencies from whom permits shall be obtained for the Work and any other third parties from
whom third party agreements are necessary to perform the Work (collectively, the “Third
Parties”), The Special Provisions may list such requirements and sample forms and
requirements from such Third Parties may be included in an attachment to the General
Requirements. CONTRACTOR bears the responsibility to discover and comply with all
requirements of Third Parties, including meeting specific insurance requirements, that are
necessary for the complete performance of the Work. To the extent there is a conflict between
the Third Parties’ insurance requirements and those set forth by OCSD herein, the
requirement(s) providing the more protective coverage for both OSCD and the Third Parties
shall control and be purchased and maintained by CONTRACTOR.
A. Limits of Insurance
1. General Liability: Ten Million Dollars ($10,000,000) per occurrence and a general
aggregate limit of Twenty Million Dollars ($20,000,000) for bodily injury, personal
injury and property damage. Coverage shall include each of the following:
a. Premises-Operations.
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b. Products and Completed Operations, with limits of at least Ten Million Dollars
($10,000,000) per occurrence and a general aggregate limit of Twenty Million
Dollars ($20,000,000) 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.
c. Broad Form Property Damage, expressly including damage arising out of
explosion, collapse, or underground damage.
d. Contractual Liability, expressly including the indemnity provisions assumed
under this Contract.
e. Separation of Insured Clause, providing that coverage applies separately to
each insured, except with respect to the limits of liability.
f. Independent CONTRACTOR’s Liability.
To the extent first dollar coverage, including defense of any claim, is not
available to OCSD or any other additional insured because of any SIR,
deductible, or any other form of self insurance, CONTRACTOR is obligated to
assume responsibility of insurer until the deductible, SIR or other condition of
insurer assuming its defense and/or indemnity has been satisfied.
CONTRACTOR shall be responsible to pay any deductible or SIR.
g. If a crane will be used, the General Liability insurance will be endorsed to add
Riggers Liability coverage or its equivalent to cover the usage of the crane and
exposures with regard to the crane operators, riggers and others involved in
using the crane.
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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 Five Million Dollars ($5,000,000);
Or alternatively, (2) Two Million Dollars ($2,000,000) per person for bodily injury,
Four Million Dollars ($4,000,000) per accident for bodily injury, and One Million
Dollars ($1,000,000) per accident for property damage.
3. Umbrella Excess Liability: The minimum limits of general liability and automobile
liability insurance required, as set forth above, shall be provided for either in a single
policy of primary insurance or a combination of policies of primary and umbrella
excess coverage. Excess liability coverage shall be issued with limits of liability
which, when combined with the primary insurance, will equal the minimum limits for
general liability and automobile liability.
4. Drone Liability Insurance: If a drone will be used, drone liability insurance must be
maintained by CONTRACTOR in the amount of One Million Dollars ($1,000,000) in a
form acceptable by OCSD.
5. Worker’s Compensation/Employer’s Liability: CONTRACTOR shall provide such
Worker’s Compensation Insurance as required by the Labor Code of the State of
California, including employer’s liability with a minimum limit of One Million Dollars
($1,000,000) per accident for bodily injury or disease. If an exposure to Jones Act
liability may exist, the insurance required herein shall include coverage with regard to
Jones Act claims.
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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
related to the Work, CONTRACTOR shall include clauses providing that each insurer
shall waive all of its rights of recovery by subrogation against OCSD, its or their
officers, agents, or employees, or any other contractor or subcontractor performing
Work or rendering services at the Project. Where permitted by law, CONTRACTOR
shall require similar written express waivers and insurance clauses from each of its
Subcontractors of every tier. A waiver of subrogation shall be effective as to any
individual or entity, even if such individual or entity (a) would otherwise have a duty
of indemnification, contractual or otherwise, (b) did not pay the insurance premium,
directly or indirectly, and (c) whether or not such individual or entity has an insurable
interest in the property damaged.
6. 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 Ten Million
Dollars ($10,000,000) and shall apply to sudden and non-sudden pollution conditions
(including sewage spills), both at the site or needed due to migration of pollutants
from the site, resulting from the escape or release of smoke, vapors, fumes, acids,
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 18 of 26
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.
7. Limits are Minimums: If CONTRACTOR maintains higher limits than the minimums
shown in this Section, OCSD requires and shall be entitled to coverage for the higher
limits maintained by the CONTRACTOR.
B. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by OCSD. At
the option of OCSD, either: the Insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects OCSD, its Directors, officers, agents, CONSULTANTS, and
employees; or CONTRACTOR shall provide a financial guarantee satisfactory to OCSD
guaranteeing payment of losses and related investigations, claim administration, and
defense expenses.
C. Other Insurance Provisions
1. Each such policy of General Liability Insurance and Automobile Liability Insurance
shall be endorsed to contain, the following provisions:
a. OCSD, its Directors, officers, agents, CONSULTANTS, and employees, and all
public agencies from whom permits will be obtained, and their Directors,
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 19 of 26
officers, agents, and employees are hereby declared to be additional insureds
under the terms of this policy, but only with respect to the operations of
CONTRACTOR at or from any of the sites of OCSD in connection with this
Contract, or acts and omissions of the additional insured in connection with its
general supervision or inspection of said operations related to this Contract.
b. Insurance afforded by the additional insured endorsement shall apply as
primary insurance, and other insurance maintained by OCSD shall be excess
only and not contributing with insurance provided under this policy.
2. Each insurance policy required herein shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, and that coverage shall not be cancelled for
non-payment of premium except after ten (10) days prior written notice by certified
mail, return receipt requested. Should there be changes in coverage or an increase
in deductible or SIR amounts, CONTRACTOR undertakes to procure a manuscript
endorsement from its insurer giving 30 days prior notice of such an event to OCSD,
or to have its insurance broker/agent send to OCSD a certified letter describing the
changes in coverage and any increase in deductible or SIR amounts. The certified
letter must be sent Attention: Risk Management and shall be received not less than
twenty (20) days prior to the effective date of the change(s). The letter must be
signed by a Director or Officer of the broker/agent and must be on company
letterhead, and may be sent via e-mail in pdf format.
3. Coverage shall not extend to any indemnity coverage for the active negligence of
any additional insured in any case where an agreement to indemnify the additional
insured would be invalid under California Civil Code Section 2782(b).
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 20 of 26
4. If required by a public agency from whom permit(s) will be obtained, each policy of
General Liability Insurance and Automobile Liability Insurance shall be endorsed to
specify by name the public agency and its legislative members, officers, agents,
CONSULTANTS, and employees, to be additional insureds.
D. Acceptability of Insurers
Insurers must have an “A-“, or better, Policyholder’s Rating, and a Financial Rating of at
least Class VIII, or better, in accordance with the most current A.M. Best Rating Guide.
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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 21 of 26
reasonably sufficient to deal with the risk of loss involving the Subcontractor’s operations
and work. OCSD and any public agency issuing permits for the Project must be named as
“Additional Insured” on any General Liability or Automobile Liability policy obtained by a
Subcontractor. The CONTRACTOR must obtain copies and maintain current versions of
all Subcontractors’ policies, Certificate of Liability and mandatory endorsements effecting
coverage. Upon request, CONTRACTOR must furnish OCSD with the above referenced
required documents.
G. Required Forms and Endorsements
1. Required ACORD Form
a. Certificate of Liability Form 25
2. Required Insurance Services Office, Inc. Endorsements (when alternative forms are
shown, they are 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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 22 of 26
5. Pollution Liability Endorsements
There shall be a Separation of Insured Clause or endorsement, providing that
coverage applies separately to each insured, except with respect to the limits of
liability. There shall also be an endorsement or policy language containing a waiver
of subrogation rights on the part of the insurer.
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
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 23 of 26
made at the time and in the manner provided in the General Conditions, “Termination for
Default” and “Termination for Convenience”.
SECTION – 19 WARRANTY
The CONTRACTOR agrees to perform all Work under this Contract in accordance with the
Contract Documents, including OCSD’s designs, Drawings and Specifications.
The CONTRACTOR guarantees for a period of at least one (1) year from the date of Final
Acceptance of the Work, pursuant to the General Conditions, “Final Acceptance and Final
Completion” that the completed Work is free from all defects due to faulty materials, equipment
or workmanship and that it shall promptly make whatever adjustments or corrections which may
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.
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 24 of 26
SECTION – 20 ASSIGNMENT
No assignment by the CONTRACTOR of this Contract or any part hereof, or of funds to be
received hereunder, will be recognized by OCSD unless such assignment has had prior written
approval and consent of OCSD and the Surety.
SECTION – 21 RESOLUTION OF DISPUTES
OCSD and the CONTRACTOR shall comply with the provisions of California Public Contract
Code Section 20104 et. seq., regarding resolution of construction claims for any Claims which
arise between the CONTRACTOR and OCSD, as well as all applicable dispute and Claims
provisions as set forth in the General Conditions and as otherwise required by law.
SECTION – 22 SAFETY & HEALTH
CONTRACTOR shall comply with all applicable safety and health requirements mandated by
federal, state, city and/or public agency codes, permits, ordinances, regulations, and laws, as
well as these Contract Documents, including but not limited to the General Requirements,
Section entitled “Safety” and Exhibit B OCSD Safety Standards.
SECTION – 23 NOTICES
Any notice required or permitted under this Contract shall be sent by certified mail, return receipt
requested, at the address set forth below. Any party whose address changes shall notify the
other party in writing.
TO OCSD: Orange County Sanitation District
10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Clerk of the Board
Copy to: Orange County Sanitation District 10844 Ellis Avenue Fountain Valley, California 92708-7018 Attn: Construction Manager
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 25 of 26
Bradley R. Hogin, Esquire Woodruff, Spradlin & Smart
555 Anton Boulevard Suite 1200 Costa Mesa, California 92626
TO CONTRACTOR: [Contractor’s Name] [Contractor’s Address]
Copy to: [Contractor’s Representative’s Name and Title] [Contractor’s Address]
C-CA-033020 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 26 of 26
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as the
date first hereinabove written.
CONTRACTOR:
By______________________________
______________________________ Printed Name
Its______________________________
CONTRACTOR’s State License No. (Expiration Date – )
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. P1-105 HEADWORKS REHABILITATION AT PLANT 1 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.
C-EXA-080414 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 2 of 8
B. Substitution of Securities:
CONTRACTOR may, at its sole expense, substitute securities as provided in
General Conditions – “Retained Funds; Substitution of Securities.” Payment of Escrow Agent:
In lieu of substitution of securities as provided above, the CONTRACTOR may request and 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.
C-EXA-080414 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 3 of 8
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.
C-EXA-080414 PROJECT NO. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 4 of 8
EXA-7 FINAL PAYMENT
After Final Acceptance of the Work, as more particularly set forth in the
General Conditions, “Final Acceptance and Final Completion”, and after Resolution of the Board authorizing final payment and satisfaction of the requirements as more particularly set forth in General Conditions – “Final
Payment”, a final payment will be made as follows: 1. Prior to Final Acceptance, the CONTRACTOR shall prepare and submit an application for Final Payment to 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. P1-105 HEADWORKS REHABILITATION AT PLANT 1 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. P1-105 HEADWORKS REHABILITATION AT PLANT 1 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. P1-105 HEADWORKS REHABILITATION AT PLANT 1 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. P1-105 HEADWORKS REHABILITATION AT PLANT 1 Page 8 of 8
ATTACHMENT 2 – SCHEDULE OF PRICES
To be inserted at the time of contract award
2/24/2021
1
Headworks Rehabilitation at
Plant No. 1, Project No. P1‐105
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
March 3, 2021
Construction Contract Award
OC San Reclamation Plant No. 1 Headworks Facilities
OC San
Plant No. 1
Ellis Ave
Wa
r
d
St
Headworks
2
1
2
2/24/2021
2
OC San Reclamation Plant No. 1 Headworks Facilities
OC San
Plant No. 1
Ellis Ave
Wa
r
d
St
84”
54”
84”
3
Plant No. 1 Receives About 116 MGD of Influent Daily
OC San
Plant No. 1
Ellis Ave
Wa
r
d
St
Enough to fill Angel Stadium over 1.5 times every day!
84”
54”
84”
4
3
4
2/24/2021
3
EffluentInfluent
Preliminary Treatment (Headworks) Protects
Subsequent Treatment Process
Bar Screen Grit waste 5
Metering and Diversion Structure
6
5
6
2/24/2021
4
Bar Screen Facility
7
Main Sewage Pumps
8
7
8
2/24/2021
5
Headworks Facilities are Aging
9
34 years
49 years
22 years
29 years
63 years
Age of Facilities
Metering & Diversion Box Requires Replacement
10
9
10
2/24/2021
6
110 Hydraulic Gates Require Replacement
11
Existing Pumps Require Replacement
12
11
12
2/24/2021
7
Poor Grit Removal System Requires Upgrading
13
Electrical Power System Requires Replacement
Due to Arc Flash Hazard and Poor Condition
14Not an OC San facility Photo
13
14
2/24/2021
8
Demolition of Unused & Replaced Facilities
15
To be demolished
•Headworks 1•Chlorine Building•Hydrogen Peroxide•Odor Control & Chemical System
•Electrical Buildings•Office Trailers
Rehabilitation of Facilities
16
To be demolished
•Headworks 1
•Chlorine Building•Hydrogen Peroxide•Odor Control & Chemical System•Electrical Buildings•Office Trailers
To be rehabilitated
•M&D Structure
•Bar Screens•Bin Loading•Main Sewage PS•Grit Basins•Sunflower PS
15
16
2/24/2021
9
Construction of New Structure
17
To be demolished
•Headworks 1•Chlorine Building•Hydrogen Peroxide•Odor Control & Chemical System
•Electrical Buildings•Office Trailers
To be rehabilitated
•M&D Structure•Bar Screens•Bin Loading•Main Sewage PS
•Grit Basins•Sunflower PS
•Grit pumping & handling•Odor control & chemical facilities•Electrical buildings
New Structures
P1‐105 is OC San’s Biggest Construction Contract
18
300 Specification
Sections
2,000 sheets of
Drawings
Final Design Phase: 3.5 years
Construction Duration: 6.5 years
17
18
2/24/2021
10
Construction Complexities
• Must maintain facilities during construction
• Work must be performed in prescribed sequence
• Dry weather only activities (Apr 15 to Oct 15)
• Major shutdowns & flow diversions are required
• Rehab work involves unknown issues & unanticipated delays
• Extensive confined space entry work
19
Must Rehabilitate in Place
OC San
Plant No. 1
Ellis Ave
Wa
r
d
St
Headworks
20
19
20
2/24/2021
11
Bid Results
Bidder Amount of Bid
Engineer’s Estimate $292,299,000
Kiewit Infrastructure West Co. $222,330,000
J.F. Shea Construction, Inc. $259,506,000
Shimmick Construction Co., Inc. $276,611,500
$70M
21
Staff will report on progress & risks
midway through construction.
Construction Contingency
Construction Cost $222,330,000
Contingency $8,893,200
% of Construction Cost 4%
22
21
22
2/24/2021
12
• Receive and file Bid Tabulation and Recommendation for Headworks Rehabilitation at Plant No. 1, Project No. P1-105;
• Award a Construction Contract to Kiewit Infrastructure West Co. for Headworks Rehabilitation at Plant No. 1 for a total amount not to exceed $222,330,000; and
• Approve a contingency of $8,893,200 (4%).
Recommendation: Construction Contract
23
Questions
?
24
23
24
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2020-1380 Agenda Date:3/3/2021 Agenda Item No:5.
FROM:James D. Herberg, General Manager
Originator: Kathy Millea, Director of Engineering
SUBJECT:
HEADWORKS REHABILITATION AT PLANT NO. 1, PROJECT NO. P1-105
GENERAL MANAGER'S RECOMMENDATION
RECOMMENDATION: Recommend to the Board of Directors to:
A. Approve a Professional Construction Services Agreement with Carollo Engineers, Inc. to
provide construction support services for Headworks Rehabilitation at Plant No. 1, Project No.
P1-105, for an amount not to exceed $16,500,000; and
B. Approve a contingency of $1,650,000 (10%).
BACKGROUND
Carollo Engineers,Inc.was selected as part of a competitive,qualifications-based solicitation
process to design Headworks Rehabilitation at Plant No.1,Project No.P1-105.At the time of the
solicitation,the Orange County Sanitation District (Sanitation District)documented its intent to award
a subsequent agreement to the design consultant for continuation of engineering services during
construction.
This project will rehabilitate systems including the metering and diversion structure,the bar screen
building,the bin loading building,the main sewage pump station,the grit basins,the primary influent
channels,and electrical power distribution and control systems.This project will also construct new
facilities including a grit pump station,grit handling building,headworks odor control and chemical
facility,a drainage lift station,electrical buildings,and other support systems.The original
Headworks No. 1 facilities and other unused systems will be demolished as part of this contract.
RELEVANT STANDARDS
·Comply with California Government Code Section 4526 to engage the best qualified firm “on
the basis of demonstrated competence and qualifications”and “negotiate fair and reasonable
fees”
·Ensure the public’s money is wisely spent
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PROBLEM
This project requires the design consultant to provide as-needed services during construction
including submittal review,responding to the Contractor’s requests for information,reviewing
construction change orders,participating in meetings,attending site visits,providing personnel
training,preparation of standard operating procedures,providing startup assistance,and preparing
record drawings.
PROPOSED SOLUTION
Award a Professional Construction Services Agreement with the design consultant,Carollo
Engineers, Inc., to provide engineering services during construction.
TIMING CONCERNS
Engineering support services will be required at the start of construction.Construction is anticipated
to start in May 2021.
RAMIFICATIONS OF NOT TAKING ACTION
The engineering support services needed to facilitate and review construction activities would not be
available by the Engineer of Record, which may negatively impact the contract execution.
PRIOR COMMITTEE/BOARD ACTIONS
March 2019 -Approved a contingency increase of $5,083,398 (29%)to the Professional Design
Services Agreement with Carollo Engineers for the Headworks Rehabilitation and Expansion at Plant
No. 1, Project No. P1-105, for a total contingency amount of $8,939,398 (51%).
April 2018 -Approved a contingency increase of $2,103,104 (12%)to the Professional Design
Services Agreement with Carollo Engineers for the Headworks Rehabilitation and Expansion at Plant
No. 1, Project No. P1-105, for a total contingency amount of $3,856,000 (22%).
May 2015 -Approved a Professional Design Services Agreement with Carollo Engineers to provide
engineering design services for the Headworks Rehabilitation and Expansion at Plant 1,Project No.
P1-105, for an amount not to exceed $17,528,957, and approved a contingency of $1,752,896 (10%).
ADDITIONAL INFORMATION
Carollo Engineers,Inc.has successfully furnished engineering services for this project and their
support services during construction will provide continuity through the completion of this project.
Staff negotiated with Carollo Engineers,Inc.for these support services in accordance with the
Sanitation District’s adopted policies and procedures.
A review of the proposed price was conducted using estimated quantities of requests for support,as
well as level of effort for preparing record drawings.The level of effort for this project is likely to be
proportionally higher than typical due to the greater complexity,risks,and longer duration.Based on
this review, staff determined the negotiated fee to be fair and reasonable for these services.
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File #:2020-1380 Agenda Date:3/3/2021 Agenda Item No:5.
The negotiated upper limit,however,is not based on the worst case scenario.Midway through
construction, staff intends to present to the Board a review of the progress and risks encountered.
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.
FINANCIAL CONSIDERATIONS
This request complies with authority levels of Sanitation District’s Purchasing Ordinance.This item
has been budgeted (Adopted Budget,Fiscal Years 2020-2021 and 2021-22,Section 8,Page 54,
Headworks Rehabilitation at Plant No.1,Project No.P1-105)and the budget is sufficient for the
recommended action.
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Professional Construction Services Agreement
·Presentation
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PCSA PROJECT NO. P1-105
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PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT
THIS PROFESSIONAL CONSTRUCTION SERVICES AGREEMENT (Agreement) is made and entered into to be effective the 24th day of March, 2021 by and between the ORANGE COUNTY SANITATION DISTRICT, hereinafter referred to as "SANITATION
DISTRICT", and CAROLLO ENGINEERS, INC., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the SANITATION DISTRICT desires to engage a CONSULTANT to provide Construction Support Services for Project No. P1-105, HEADWORKS REHABILITATION AT PLANT 1; and WHEREAS, CONSULTANT is qualified to provide the necessary services for Construction Support Services in connection with these requirements; and WHEREAS, the SANITATION DISTRICT has adopted procedures in accordance with the SANITATION DISTRICT’s Purchasing Ordinance Section 4.03(B) for the continuation of
services and has proceeded in accordance with said procedures to perform this work; and WHEREAS, at its regular meeting on March 24, 2021 the Board of Directors, by Minute
Order, accepted the recommendation of the Operations Committee pursuant to the 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 (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 perform all work to the industry standards for clarity, uniformity, and completeness.
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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 CADD drawings, figures, and other work shall be produced by CONSULTANT and its Subconsultants using the SANITATION DISTRICT standard software. Conversion of CADD work from any other non-standard CADD format to the SANITATION DISTRICT format shall not be acceptable in lieu of this requirement. Electronic files shall be subject to an acceptance period of 30 calendar days
during which the SANITATION DISTRICT shall perform appropriate acceptance tests. CONSULTANT shall correct any discrepancies or errors detected and reported within the acceptance period at no additional cost to the SANITATION
DISTRICT. E. All professional services performed by the CONSULTANT, including, but not
limited to, all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the CONSULTANT, pursuant to this Agreement, are for the sole use of the SANITATION DISTRICT, its agents, and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the SANITATION DISTRICT. This provision does not apply to information that (a) was publicly known, or otherwise known to the CONSULTANT, at the time that it was disclosed to the CONSULTANT by the SANITATION DISTRICT or (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 Sixteen Million Five Hundred Thousand Dollars ($16,500,000). Total compensation to CONSULTANT including burdened labor (salaries plus benefits), overhead, profit, direct costs, and Subconsultant(s) fees and costs shall not exceed the sum set forth in Attachment “E” - Fee Proposal. B. Labor As a portion of the total compensation to be paid to CONSULTANT, the
SANITATION DISTRICT shall pay to CONSULTANT a sum equal to the burdened salaries (salaries plus benefits) actually paid by CONSULTANT
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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 its Subconsultants shall be a percentage of consulting services fees (Burdened Labor and Overhead). When the consulting
or subconsulting services amount is $250,000 or less, the maximum Profit shall be 10%. Between $250,000 and $2,500,000, the maximum Profit shall be limited by a straight declining percentage between 10% and 5%. For consulting or
subconsulting services fees with a value greater than $2,500,000, the maximum Profit shall be 5%. Addenda shall be governed by the same maximum Profit percentage after adding consulting services fees.
As a portion of the total compensation to be paid to CONSULTANT and its Subconsultants, the SANITATION DISTRICT shall pay profit for all services rendered by CONSULTANT and its Subconsultants for this project according to Attachment “E” - Fee Proposal. E. Subconsultants For any Subconsultant whose fees for services are greater than or equal to $100,000 (excluding out-of-pocket costs), CONSULTANT shall pay to Subconsultant total compensation in accordance with the Subconsultant amount
specified in Attachment “E” - Fee Proposal. For any Subconsultant whose fees for services are less than $100,000,
CONSULTANT may pay to Subconsultant total compensation on an hourly-rate basis per the attached hourly rate schedule and as specified in the Scope of Work. The SANITATION DISTRICT shall pay to CONSULTANT the actual costs
of Subconsultant fees and charges in an amount not to exceed the sum set forth in Attachment “E” - Fee Proposal. F. Direct Costs The SANITATION DISTRICT shall pay to CONSULTANT and its 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
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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 the Scope of Work resulting from field investigations and field work. 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 the U.S. Internal Revenue Service (IRS). The plan includes a combination of reimbursements based upon receipts and a “per diem” component approved by the IRS. The most recent schedule of the per diem rates utilized by
the SANITATION DISTRICT can be found on the U.S. General Services Administration (GSA) 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, and 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
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CONSULTANT. Such determination will be made on a case-by-case basis and at the discretion of the SANITATION DISTRICT.
Travel Meals – Per-diem rates as approved by the IRS shall be utilized for travel 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 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 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.
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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 or she may, at his or her 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
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
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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 its Subconsultants shall comply with the registration requirements of Labor Code Section 1725.5. Pursuant to Labor Code Section 1771.4, the Work is subject to compliance monitoring and enforcement by the DIR. B. The CONSULTANT and its 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 its
Subconsultants shall furnish a copy of all certified payroll records to the SANITATION DISTRICT and/or general public upon request, provided the public request is made through the SANITATION DISTRICT, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement of the Department of Industrial Relations. D. The CONSULTANT and its 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
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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. The SANITATION DISTRICT shall furnish the CONSULTANT available studies, reports and other data pertinent to the CONSULTANT’s services; obtain or authorize the CONSULTANT to obtain or provide additional reports and data as required; furnish to the CONSULTANT services of others
required for the performance of the CONSULTANT’s services hereunder, and the CONSULTANT shall be entitled to use and rely upon all such information and services provided by the SANITATION DISTRICT or others in performing the CONSULTANT’s services under this Agreement.
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 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 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:
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Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate. Said insurance shall include coverage for the following
hazards: Premises-Operations, blanket contractual liability (for this Agreement), products liability/completed operations (including any product manufactured or assembled), broad form property damage, blanket contractual liability,
independent contractors liability, personal and advertising injury, mobile equipment, owners and contractors protective liability, and cross liability and severability of interest clauses. A statement on an insurance certificate will not be accepted in lieu of the actual additional insured endorsement(s). If requested by SANITATION DISTRICT and applicable, XCU coverage (Explosion, Collapse and Underground) and Riggers/On Hook Liability must be included in the General Liability policy and coverage must be reflected on the submitted Certificate of Insurance. C. Umbrella Excess Liability
The minimum limits of general liability and Automotive Liability Insurance required, as set forth herein, shall be provided for through either a single policy of primary insurance or a combination of policies of primary and umbrella excess
coverage. Umbrella excess liability coverage shall be issued with limits of liability which, when combined with the primary insurance, will equal the minimum limits for general liability and automotive liability.
D. Automotive/Vehicle Liability Insurance The CONSULTANT shall maintain a policy of Automotive Liability Insurance on a comprehensive form covering all owned, non-owned, and hired automobiles, trucks, and other vehicles providing the following minimum limits of liability coverage: Combined single limit of One Million Dollars ($1,000,000) or alternatively, Five Hundred Thousand Dollars ($500,000) per person for bodily injury, One Million Dollars ($1,000,000) per accident for bodily injury, and Five Hundred Thousand Dollars ($500,000) per accident for property damage. A statement on an insurance certificate will not be accepted in lieu of the actual
additional insured endorsement. E. Drone Liability Insurance
If a drone will be used, Drone Liability Insurance must be maintained by CONSULTANT in the amount of One Million Dollars ($1,000,000) in a form
acceptable 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
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of California Insurance Fund and the identifier “SCIF” and endorsement numbers 2570 and 2065 are referenced on the certificate of insurance. If an exposure to
Jones Act liability may exist, the insurance required herein shall include coverage for Jones Act claims.
G. Errors and Omissions/Professional Liability CONSULTANT shall maintain in full force and effect, throughout the term of this Agreement, standard industry form professional negligence errors and omissions insurance coverage in an amount of not less than Five Million Dollars ($5,000,000) with limits in accordance with the provisions of this Paragraph. If the policy of insurance is written on a “claims made” basis, said policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of five (5) years from the date of the completion of the services hereunder.
In the event of termination of said policy during this period, CONSULTANT shall obtain continuing insurance coverage for the prior acts or omissions of CONSULTANT during the course of performing services under the term of this
Agreement. Said coverage shall be evidenced by either a new policy evidencing no gap in coverage or by separate extended “tail” coverage with the present or new carrier.
In the event the present policy of insurance is written on an “occurrence” basis, said policy shall be continued in full force and effect during the term of this Agreement or until completion of the services provided for in this Agreement, whichever is later. In the event of termination of said policy during this period, new coverage shall be obtained for the required period to insure for the prior acts of CONSULTANT during the course of performing services under the term of this Agreement. 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:
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• 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
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.
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
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L. Non-Limiting (if applicable)
Nothing in this document shall be construed as limiting in any way, nor shall it limit the indemnification provision contained in this Agreement, or the extent to which CONSULTANT may be held responsible for payment of damages to
persons or property. M. Deductibles and Self-Insured Retentions Any deductible and/or self-insured retention must be declared to the SANITATION DISTRICT on the Certificate of Insurance. All deductibles and/or self-insured retentions require approval by the SANITATION DISTRICT. At the option of the SANITATION DISTRICT, either: the insurer shall reduce or eliminate such deductible or self-insured retention as respects the SANITATION DISTRICT; or the CONSULTANT shall provide a financial guarantee satisfactory to the SANITATION DISTRICT guaranteeing payment of losses and related
investigations, claim administration and defense expenses. N. Defense Costs
Liability policies shall have a provision that defense costs for all insureds and additional insureds are paid in addition to and do not deplete any policy limits. O. Subconsultants
The CONSULTANT shall be responsible to establish insurance requirements for any Subconsultant hired by the CONSULTANT. The insurance shall be in
amounts and types reasonably sufficient to deal with the risk of loss involving the Subconsultant’s operations and work.
P. Limits Are Minimums
If the CONSULTANT maintains higher limits than any minimums shown above, then SANITATION DISTRICT requires and shall be entitled to coverage for the higher limits maintained by CONSULTANT.
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 the 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
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 13 of 19
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 its subcontracts
and shall ensure that these rights are binding upon all Subconsultants. B. SANITATION DISTRICT retains the right to examine CONSULTANT’s books,
records, documents, and any other evidence of procedures and practices that the SANITATION DISTRICT determines are necessary to discover and verify all direct and indirect costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred, or to ensure CONSULTANT’s compliance with all requirements under this Agreement during the term of this Agreement
and for a period of three (3) years after its termination. C. CONSULTANT shall maintain complete and accurate records in accordance with generally accepted industry standard practices and the SANITATION DISTRICT’s policy. The CONSULTANT shall make available to the SANITATION DISTRICT, for review and audit, all project related accounting records and
documents and any other financial data within fifteen (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 the 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.
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 14 of 19
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: Digna Olmos, Principal Contracts Administrator Copy: Giti Radvar, Project Manager Notices shall be mailed to CONSULTANT at:
Carollo Engineers, Inc. 3150 Bristol Street, Suite 500 Costa Mesa, CA 92626 Attention: Douglas J. Lanning, Project Manager
Copy: Walid Karam, Project Director 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 by the CONSULTANT. 14. TERMINATION The SANITATION DISTRICT may terminate this Agreement at any time, without cause, upon giving thirty (30) days written notice to CONSULTANT. In the event of such termination, CONSULTANT shall be entitled to compensation for work performed on a prorated basis through and including the effective date of termination.
CONSULTANT shall be permitted to terminate this Agreement upon thirty (30) days written notice only if CONSULTANT is not compensated for billed amounts in accordance with the provisions of this Agreement when the same are due.
Notice of termination shall be mailed to the SANITATION DISTRICT and/or CONSULTANT in accordance with Section 13 - NOTICES.
15. DOCUMENTS AND STUDY MATERIALS
The documents and study materials for this project shall become the property of the SANITATION DISTRICT upon the termination or completion of the work. CONSULTANT agrees to furnish to the SANITATION DISTRICT copies of all memoranda, correspondence, computation, and study materials in its files pertaining to the work described in this Agreement, which is requested in writing by the SANITATION DISTRICT.
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
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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 Agreement by and on behalf of each party is a person duly authorized to execute agreements for that party.
18. DISPUTE RESOLUTION In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service (“JAMS”), or similar organization or entity conducting alternate dispute resolution services. 19. ATTORNEY'S FEES, COSTS AND NECESSARY DISBURSEMENTS If any action at law or in equity or if any proceeding in the form of an Alternative Dispute
Resolution 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
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 16 of 19
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, consultants, and agents (collectively the “Indemnified Parties”), from and against any and all claims, damages, liabilities, causes of action, suits, arbitration awards, losses, judgments, fines, penalties, costs and expenses including without limitation, attorneys’ fees, disbursements and court costs, and all other professional, expert or consultants fees and costs and the SANITATION DISTRICT’s general and administrative expenses (individually, a “Claim”, or 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, consultants, 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 from: (A) the sole or active negligence or willful misconduct of the Indemnified Parties; or (B) a natural disaster or other act of God, such as an earthquake; or (C) the independent action of a third party who is neither one of the Indemnified Parties nor the CONSULTANT, nor its principal, officer, agent, employee, nor CONSULTANT’s supplier, consultant, subconsultant, subcontractor, nor anyone employed directly or indirectly by any of them.
Exceptions (A) through (B) above shall not apply, and CONSULTANT shall, to the fullest extent permitted by law, indemnify the Indemnified Parties, from Claims arising from
more than one cause if any such cause taken alone would otherwise result in the obligation to indemnify hereunder.
CONSULTANT’s liability for indemnification hereunder is in addition to any liability CONSULTANT may have to the SANITATION DISTRICT for a breach by CONSULTANT of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONSULTANT’s indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement.
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 17 of 19
23. DUTY TO DEFEND
The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend shall exist regardless of any ultimate liability of CONSULTANT and shall be consistent with Civil Code Section 2782.8. Such defense
obligation shall arise immediately upon presentation of a Claim by any person if, without regard to the merit of the Claim, such Claim could potentially result in an obligation to indemnify one or more Indemnified Parties, and upon written notice of such Claim being provided to CONSULTANT. Payment to CONSULTANT by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such Indemnified Party’s rights to indemnification hereunder. In the event a final judgment, arbitration, award, order, settlement, or other final resolution expressly determines that the claim did not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT, to any extent, then the SANITATION DISTRICT will reimburse CONSULTANT for the reasonable costs of defending the Indemnified Parties against such claims.
CONSULTANT’s indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified
Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 24. CONSULTANT PERFORMANCE The CONSULTANT’s performance shall be evaluated by the SANITATION DISTRICT. A copy of the evaluation shall be sent to the CONSULTANT for comment. The evaluation, together with the comments, shall be retained by the SANITATION DISTRICT and may be considered in future CONSULTANT selection processes. 25. COMPLIANCE WITH SANITATION DISTRICT POLICIES AND PROCEDURES CONSULTANT shall comply with all SANITATION DISTRICT policies and procedures including the Contractor 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
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 18 of 19
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. COST ESTIMATES
The CONSULTANT has no control over the cost of labor, materials, equipment or services furnished by others, or over the construction contractor’s methods of determining prices, or other competitive bidding or market conditions, practices or bidding strategies. CONSULTANT shall use best engineering practices along with experience and judgment, utilizing current local costs of labor, materials, equipment or services to prepare cost estimates. CONSULTANT cannot and does not guarantee that proposals, bids, actual project construction, operation and/or lifecycle costs will not vary from cost estimates prepared by CONSULTANT. 28. THIRD PARTIES
This Agreement is entered into by and for the SANITATION DISTRICT and the CONSULTANT, and nothing herein is intended to establish rights or interests in
individuals or entities not a party hereto. 29. 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.
PCSA PROJECT NO. P1-105
Revised 101620 HEADWORKS REHABILITATION AT PLANT 1
Page 19 of 19
IN WITNESS WHEREOF, this Agreement has been executed in the name of the SANITATION DISTRICT and CONSULTANT, by their respective officers thereunto duly authorized, as of the
day and year first above written.
CAROLLO ENGINEERS, INC.
By __________________________________________________
Date __________________________________________________
Printed Name & Title
ORANGE COUNTY SANITATION DISTRICT By __________________________________________________ David John Shawver Date
Board Chairman
By __________________________________________________ Kelly A. Lore Date Clerk of the Board By __________________________________________________ Ruth Zintzun Date
Purchasing & Contracts Manager
Attachments: Attachment “A” – Scope of Work Attachment “B” – Labor Hour Matrix Attachment “C” – Not used
Attachment “D” – Allowable Direct Costs Attachment “E” – Fee Proposal Attachment “F” – Not used Attachment “G” – Acknowledgement of PCSA (Not attached) Attachment “H” – Not used Attachment “I” – Cost Matrix and Summary Attachment “J” – Not used Attachment “K” – Minor Subconsultant Hourly Rate Schedule Attachment “L” – Contractor Safety Standards DO:LDR:yp
2/24/2021
1
Headworks Rehabilitation at
Plant No. 1, Project No. P1‐105
Presented by:
Kathy Millea
Director of
Engineering
Operations
Committee
March 3, 2021
Consultant Services Award
• Carollo Engineers, Inc. selected for design of Headworks Rehabilitation at Plant No. 1. P1-105 in May 2015in a qualifications-based competition
• Continuation of services during construction referenced in agreement.
Professional Construction Services
2
1
2
2/24/2021
2
Professional Construction Services
3
Services to be provided as needed (time and material)
• Shop drawing submittal review
• Requests for Information (RFIs)
• Change Order assistance
• Geotechnical inspection
• Startup assistance, training, operating procedures
• Record drawings
• Multiple meetings held with Consultant
• Clarified assumptions
• Ensured scope, estimated quantities for requests for support and record drawings are appropriate
Professional Construction Services ‐Negotiation
Original Proposal Negotiated
Total Hours 88,014 67,706
Total Fee $24,141,308 $16,500,000
Percentage of
Construction 10.8% 7.4%
4
Staff will report on progress & risks midway through construction.
3
4
2/24/2021
3
• Approve a Professional Construction Services Agreement with Carollo Engineers, Inc. to provide construction support services for Headworks Rehabilitation at Plant No. 1, Project No. P1-105, for an amount not to exceed $16,500,000; and
• Approve a contingency of $1,650,000 (10%).
Recommendation: Consultant Services
5
Questions
?
6
5
6
OPERATIONS COMMITTEE
Agenda Report
Administration Building
10844 Ellis Avenue
Fountain Valley, CA 92708
(714) 593-7433
File #:2021-1417 Agenda Date:3/3/2021 Agenda Item No:6.
FROM:James D. Herberg, General Manager
Originator: Rob Thompson, Assistant General Manager
SUBJECT:
OPERATIONS & MAINTENANCE: WASTEWATER 101
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 Operations &Maintenance:
Wastewater 101.
RELEVANT STANDARDS
·24/7/365 treatment plan reliability
·Operate and maintain facilities to minimize impacts on surrounding communities, including
odor, noise, and lighting
·Listen to and seriously consider community input on environmental concerns
·Build brand, trust, and support with policy makers and community leaders
ATTACHMENT
The following attachment(s)may be viewed on-line at the OC San website (www.ocsan.gov)with the complete agenda
package:
·Wastewater Treatment Presentation
Orange County Sanitation District Printed on 2/23/2021Page 1 of 1
powered by Legistar™
2/23/2021
1
Orange County Sanitation District
Wastewater Treatment
Presented By:
Rob Thompson,
Assistant General
Manager
Operations Committee
March 3, 2021
Water Reclamation Process
Page 2
1
2
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Metering and Diverson Structure
Page 3
Preliminary Treatment
Barscreen Grit Chamber
Grit is mostly inorganic material like sand,
gravel, and egg shells.
Grit is very abrasive and heavy. It clogs flow
channels and digesters and wears out pumps.
Page 4
3
4
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3
Primary Treatment
Page 5
Secondary Treatment
Trickling Filter
at Plant No. 1
Activated Sludge Process
Page 6
5
6
2/23/2021
4
Effectiveness of Water Treatment
Raw Sewage Primary Treated
Effluent
Secondary
Treated Effluent
Page 7
Solids Recovery Process
Anaerobic Digester
Page 8
7
8
2/23/2021
5
Dewatering Operation
Centrifuge System
at Plant No. 1
Page 9
Truckloading
Page 10
9
10
2/23/2021
6
Central Generation Engines
Plant No. 2 Central Generation Engines
Page 11
FY 2019/20 Operating Costs
Preliminary/Primary
Treatment , 21%
Secondary
Treatment, 13%
Dewatering,
Digestion, 22%
Biosolids Disposal,
22%
Odor Control, 11%
Effluent Disposal,
3%
Collections System,
6%
Page 12
11
12
2/23/2021
7
Questions
?
Page 13
13
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.